THE
MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
33/2009/TT-BCT
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Hanoi,
November 11, 2009
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CIRCULAR
ON
THE IMPLEMENTATION OF RULES OF ORIGIN IN THE AGREEMENT ESTABLISHING THE
ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AREA
THE MINISTRY OF INDUSTRY AND
TRADE
Pursuant to the Government's
Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Agreement Establishing the ASEAN-Australia-New Zealand Free
Trade Area, which was concluded on February 27, 2009, at the 14th
Summit in Thailand between member states of the Association of Southeast Asian
Nations, Australia and New Zealand;
Pursuant to the Government's Decree No. 19/2006/ND-CP of February 20, 2006,
detailing the implementation of the Commercial Law regarding goods origins;
The Ministry of Industry and Trade provides for the implementation of rules of
origin in the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade
Area(AANZ) as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Goods eligible
for the issuance of a certificate of origin, form AANZ
Goods eligible for the issuance
of a certificate of origin (below referred to as C/O), form AANZ, are goods
which have the origin as prescribed in Appendix 1 to this Circular (not printed
herein) and are issued C/Os by organizations authorized to issue C/Os, form
AANZ.
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1. The Agreement Establishing
the ASEAN-Australia-New Zealand Free Trade Area is the Agreement concluded on
February 27, 2009, at the 14th Summit in Thailand between member states of the
Association of Southeast Asian Nations, Australia and New Zealand (below
referred to as the AANZFTA Agreement).
2. Vietnam's organizations
authorized to issue C/Os, form AANZ (below referred to as C/O issuers) are
organizations defined in Appendix 10 to this Circular (not printed herein).
3. Applicants for C/Os, form
AANZ (below referred to as C/O applicants) include exporters, producers and
lawfully authorized representatives of exporters or producers.
4. The eCOSys means Vietnam's
electronic system for management and issuance of C/Os at the address: http://www.ecosys.gov.vn.
Article 3.
Responsibilities of C/O applicants C/O applicants shall:
1. Register trader dossiers with
C/O issuers under Article 5;
2. Submit C/O application
dossiers to C/O issuers;
3. Evidence that their exported
goods satisfy the rules of origin and facilitate the verification of the origin
of goods by C/O issuers;
4. Take responsibility before
law for the accuracy and truthfulness of their declarations related to C/O
applications, even in case they are authorized by exporters;
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6. Create conditions for C/O
issuers to make physical inspection visits to production establishments or
places of nurturing, planting, harvesting or processing exported goods;
7. Prove the truthfulness of the
origin of exported goods at the request of the Ministry of Industry and Trade,
C/O issuers, Vietnamese customs offices and customs offices of importing
countries.
Article 4.
Responsibilities of C/O issuers C/O issuers shall:
1. Guide C/O applicants when
requested;
2. Receive and examine trader
dossiers and C/O application dossiers;
3. Verify the real origin of
goods when necessary;
4. Issue C/Os, if goods satisfy
rules of origin provided in this Circular and C/O applicants comply with
Article 3;
5. Send specimen signatures of
persons authorized to sign C/Os and specimen seals of C/O issuers to the
Ministry of Industry and Trade (the Import and Export Department) under the
Industry and Trade Ministry's regulation, for registration with competent
agencies of importing countries;
6. Settle complaints about the
issuance of CI Os according to their competence;
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8. Exchange information related
to the issuance of C/Os with other C/O issuers;
9. Observe reporting
regulations, participate in training courses on goods origin and abide by other
requests according to regulations of the Ministry of Industry and Trade.
Chapter II
PROCEDURES FOR THE ISSUANCE
OF C/OS
Article 5. Registration
of trader dossiers
1. C/O applicants may only be
considered for C/O issuance by C/O issuers with which they have registered
trader dossiers only after they complete the procedures for registration of
trader dossiers. A trader dossier comprises:
a/ The registration of the
specimen signature of the person authorized to sign the C/O application and the
specimen seal of the trader (made according to Appendix 9 to this Circular)
(not printed herein);
b/ The business registration
certificate of the trader (a copy with a "true copy" stamp);
c/ The tax identification number
registration certificate (a copy with a "true copy" stamp);
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2. Any change in the trader
dossier must be notified to the C/O issuer with which the trader dossier has
been registered before applying for a C/O. The trader dossier must be updated
once every two (2) years.
3. In case the C/O applicant
wishes, due to a force majeure circumstance or for a plausible reason, to get a
C/O issued by a C/O issuer other than the issuer with which he/she has
registered the trader dossier, he/she shall send a document stating the reason
for the non-application for a C/O at the C/O issuer with which he/she has
registered the trader dossier and register the trader dossier with the new C/O
issuer.
Article 6. C/O
application dossiers
1. A C/O application dossier
comprises:
a/ The C/O application, made
according to the form provided in Appendix 7 (not printed herein) which has
been fully and duly filled in under the guidance in Appendix 6 to this Circular
(not printed herein);
b/ The C/O form (made according
to Appendix 5 to this Circular - not printed herein), which has been fully
filled in;
c/ The customs declaration for
which customs procedures have been completed. For cases in which exported goods
are not subject to customs declaration under law, customs declaration is not
required;
d/ The commercial invoice;
e/ The bill of lading or
equivalent transport document, if the trader have no bill of lading. In case of
applying for a back-to-back C/O for the whole goods lot or a part of the goods
lot exported from a non-tariff area into the mainland, these documents are not
necessarily be submitted, if the trader actually does not have these documents.
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2. If finding it necessary, the
C/O issuer may request the applicant to supply additional documents related to
exported goods such as customs declarations of imported raw materials and
auxiliary materials; export permits (if any); sale and purchase contracts;
value-added invoices on the domestic sale and purchase of raw materials and
auxiliary materials; samples of raw materials and auxiliary materials or
exported goods; description of the product manufacturing process, with the HS
headings of input raw materials and those of goods (for tariff classification
criteria or goods manufacturing or processing operation criteria); calculation
of the regional value content (for regional value content criteria); and other
documents evidencing the origin of exported goods.
3. If documents defined at
Points c, d and e of Clause 1, and Clause 2, are copies bearing the signatures
and the "true copy" stamps by the representatives-at-law or
authorized persons of traders, C/O issuers may request the production of the
originals for comparison, when necessary.
4. For traders joining in
eCOSys, persons authorized to sign C/O applications shall declare data via
eCOSys, give their e-signatures and automatically transmit them to C/O issuers.
After examining application dossiers on eCOSys, if agreeing to issue a C/O, C/O
issuers shall notify such via eCOSys to traders for submission of complete
written dossiers for comparison before issuing a C/O.
Article 7. Receipt of C/O
application dossiers When a C/O applicant files his/her dossier, a
dossier-receiving officer shall receive and examine the dossier and issue a
receipt or another document to notify the C/O applicant that he/ she shall:
1. Issue a C/O under Article 8:
2. Request the applicant to
supplement inadequate documents as prescribed in Article 6;
3. Refuse to issue a C/O in any
of the following cases:
a/ The C/O applicant has not yet
registered the trader dossier as prescribed in Article 5;
b/ The C/O application dossier
is inaccurate or incomplete as prescribed in Article 6:
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d/ The dossier contains
contradictory details:
e/ The C/O application dossier
is filed with the C/O issuer other than the C/O issuer with which the trader
dossier has been registered;
f/ The C/O form is filled in by
handwriting, or erased or fade out and becomes unreadable or printed in
multicolor inks;
g/ There are lawful grounds to
believe that goods do not have the origin as prescribed in this Circular or the
C/O applicant has committed fraudulent or dishonest acts in evidencing the
origin of his/her goods.
Article 8. Issuance of
C/O
1. A C/O shall be issued within
three (3) working days after the C/O applicant files a complete and valid
dossier, except cases specified in Clause 2 of this Circular.
2. The C/O issuer may pay
inspection visits to production establishments if it considers that the dossier
examination provides insufficient grounds for C/O issuance or when it detects
illegal acts in connection to a previously issued C/O. Inspectors of the C/O
issuer shall make a minutes of inspection results and request C/O applicants
and/or exporters to sign in. In cases C/O applicants and/or exporter refuse to
sign this minutes, inspectors shall clearly write down the reason for the
refusal in the minutes and sign them for certification.
The time limit for issuing or
refusing to issue a C/O in this case is five (5) working days after the C/O
applicant files a complete dossier.
3. In the process of considering
the issuance of C/O, if the C/O issuer detects that the origin of goods does
not satisfy the prescribed conditions or the dossier is incomplete, it shall
notify such to the applicant under Clause 2 or 3 of Article 7.
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Article 9. Withdrawal of
issued C/Os
A C/O issuer shall withdraw a
C/O it has issued in the following cases:
1. The exporter or C/O applicant
has forged documents.
2. The issued C/O is not
conformable with the origin criteria.
Chapter III
MANAGEMENT OF C/O ISSUANCE
Article 10. Competence to
sign C/Os
Only persons who have completed
procedures for registering their specimen signatures with the Ministry of
Industry and Trade and for whom the Ministry of Industry and Trade has send
specimen signatures to the ASEAN Secretariat for registration with competent
agencies of importing countries are entitled to sign C/Os to be issued.
Article 11. Focal agency
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1. Guiding and examining the
issuance of C/Os;
2. Carrying out procedures for
registering specimen signatures of persons competent to sign C/Os and specimen
seals of C/O issuers of Vietnam with the ASEAN Secretariat and forwarding
specimen signatures of persons competent to sign C/Os and specimen seals of C/O
issuers of member states of the AANZAFTA Agreement to the Ministry of Finance
(the General Department of Customs);
3. Assisting the Minister of
Industry and Trade in settling matters arising from the issuance of C/Os.
Article 12. Reporting
regulations
1. C/O issuers shall update data
on the issuance of C/Os, with all information to be declared as prescribed in
the applications for issuance of C/Os, via eCOSys on a daily basis.
2. C/O issuers that violate
reporting regulations specified in Clause 1 for three times shall be suspended
from issuance of C/Os and their violations will be publicized on the website of
the Ministry of Industry and Trade. The Ministry of Industry and Trade shall
only consider and re-authorize suspended C/O issuers six months later.
Article 13.
Implementation provision This Circular takes effect on January 1.2010.-
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