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THE
MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
36/2010/TT-BCT
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Hanoi,
November 15, 2010
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CIRCULAR
ON IMPLEMENTATION OF THE AMENDED RULE ON PROCEDURES FOR
GRANT AND INSPECTION OF ORIGIN AND THE RULE SPECIFYING OF COMMODITIES ACCORDING
TO THE 2007 VERSION OF THE HARMONIZED SYSTEM UNDER THE GOODS TRADE AGREEMENT
WITHIN THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION BETWEEN
THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE PEOPLE'S REPUBLIC OF CHINA
Pursuant to the Government’s
Decree No. 189/2007/ND-CP dated February 27, 2007 regulating functions, tasks, powers
and organizational structure of the Ministry of Industry and Commerce;
Pursuant to the Trade Agreement
of Goods within the Framework Agreement on Comprehensive Economic Cooperation
between the Association of Southeast Asian nations and the People's Republic of
China was officially signed in Laos, on November 29, 2004;
Pursuant to the Protocol
amending the rule on procedures for grant and inspection of origin under the
trade agreement of goods within the framework agreement on comprehensive
economic cooperation between the association of Southeast Asian nations and the
People's Republic of China was signed on October 29, 2010 in Hanoi, Vietnam;
Pursuant to the Decree
No.19/2006/ND-CP dated February 20, 2006 of the Government detailing the
Commercial Law regarding the origin of goods;
The Minister of Industry and
Trade provides the amended rule on procedures for grant and inspection of
origin and the rule specifying of commodities according to the harmonized
system of 2007 version under the trade agreement of goods within the framework
agreement on comprehensive economic cooperation between the association of
Southeast Asian nations and the people's republic of China as follows:
Article
1. Contents of repeal, replacement and application
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2. Repeal
Appendix III – Procedures of grant and inspection C / O Form E issued together
with the Decision No. 2/2007/QD-BTM replaced by Appendix 2 of this Circular.
3. Application
of C / O Form E mentioned Annex 3 from January 1, 2011. C / O new form E will
be declared under the guidance in Appendix 4. The C / O Form E is applied
according to the Decision No.12/2007/QD-BTM may continue using to June 30,
2011.
4.
The C / O Form E is applied according to the Decision No. 12/2007/QD-BTM issued
from July 1, 2011 onwards will be invalid and not enjoyed the preferment in
accordance to the Trade Agreement on Goods of the Framework Agreement on
Comprehensive Economic Cooperation between the Association of Southeast Asian
nations and the People's Republic of China.
Article 2. Effect
This
Circular takes effect from January 01, 2011./.
ON
BEHALF OF MINISTER
DEPUTY MINISTER
Tran Quoc Khanh
ANNEX 1
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(Promulgated
together with the Circular No. 36/2010/TT-BCT dated November 15th
2010 of the Ministry of Industry and Trade on amended procedure for the
issuance and verification of Certificates of Origin and the product specific
rules according to the harmonized system 2007 in the ASEAN Trade in Goods
Agreement belonging Framework Agreement on the comprehensive economic
cooperation between Association of South East Asian Nations and the People’s
Republic of China)
1. General
provisions
The products
that satisfy the rules of origin in this Annex shall be considered as products
that have undergone a substantial transformation and originating in the Party
where such transformation process is carried out.
Where a
product is manufactured by two parties or more, it shall be treated as a
product originating in the Party where the final substantial transformation
process is carried out.
2.
Exclusive rule
The specific
origin criteria in Clause 2 of this Annex are the sole criteria for determining
the origins of corresponding products below. When applying for a Certificate of
Origin (Form E) for these products, the exporter shall only uses the specific
criteria below:
ANNEX 2
PROCEDURE FOR THE ISSUANCE AND VERIFICATION OF
CERTIFICATE OF ORIGIN (FORM E)
(Promulgated
together with the Circular No. 36/2010/TT-BCT dated November 15th
2010 of the Ministry of Industry and Trade on amended procedure for the
issuance and verification of Certificates of Origin and the product specific
rules according to the harmonized system 2007 in the ASEAN Trade in Goods
Agreement belonging Framework Agreement on the comprehensive economic
cooperation between Association of South East Asian Nations and the People’s
Republic of China)
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Article 1.
1. Movement
Certificate means a Certificate of Origin (Form E) issued by an intermediate
exporting Party based on the Certificate of Origin (Form E) of the first
exporting Party in order to prove the product origin;
2. Customs
authority means the competent authority that is responsible for the
administration of customs laws under the law of a Party;
3. Exporter
means a natural or juridical person located in a Party where goods are exported
by such a person;
4. Importer
means a natural or juridical person located in a Party where goods are imported
by such person;
5. Issuing
authority is a governmental authority or an organization authorized to issue
Certificates of Origin (Form E) under the law of a Party.
Issuing
authority
Article
2.
Certificate
of Origin (Form E) shall be issued by issuing authorities of the exporting
Party.
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1. A Party
shall notify other Parties of the names and addresses of the issuing
authorities, and provide the specimen signature, specimen of the official seal,
and the correction stamp (if any) used by its issuing authorities.
2. The
information and specimens above shall be sent to the Parties to the Agreement,
and a copy shall be sent to ASEAN Secretariat. Any changes in the names,
addresses, or official seals shall be immediately notified in the same manner.
Article
4.
For the
purpose of verifying the conditions for preferential treatment, the issuing
authority is entitled to request any proof or carry out any inspection where
necessary. Where these entitlements are not specified in the current law of a
country, they must be inserted as a Clause in the application for C/O mentioned
in Article 5 and Article 6 below.
APPLICATION
FOR C/O
Article
5.
1. A exporter
or producer eligible for incentives shall apply in writing to the issuing
authority for the pre-exportation verification of the origin of the products.
The result of the verification, subject to review periodically or whenever
appropriate, shall be accepted as the proof of the origin of the products exported
thereafter.
2. For
locally-procured materials, self-declaration by the last producer to export
shall be used as the basis when applying for the Certificate of Origin (Form E).
Article 6.
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PRE-EXPORTATION
EXAMINATION
Article
7.
The issuing
authority shall examine every application for the Certificate of Origin (Form
E) to ensure that:
1. The
application for the Certificate of Origin (Form E) and the Certificate of
Origin (Form E) are duly completed in accordance with the requirements in the
overleaf notes of the Certificate of Origin, and signed by competent persons;
2. The origin
of goods is conformable with Annex 1 of the Decision No. 12/2007/QD-BTM;
3. The information
on the Certificate of Origin (Form E) is consistent with the papers enclosed.
4. The
description of goods, their quantity, weight, marks and numbers of packages,
and types of packages is consistent with the products to be exported;
5. Multiple
items may be declared on the same Certificate of Origin (Form E) in accordance
with the law of the importing Party, as long as all of them are conformable
with the provisions for the origin of each particle.
ISSUANCE
OF CERTIFICATE OF ORIGIN (FORM E)
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1. The
Certificate of Origin (Form E) is an A4 paper in accordance with the ISO
standards and the template in Annex 3. The Certificate of Origin (Form E) must
be made in English.
2. The
Certificate of Origin (Form E) comprises one original and two carbon copies of
the following colors:
- The
original: beige (Pantone color code: 727c)
- Duplicate:
light green (Pantone color code: 622c)
- Triplicate:
light green (Pantone color code: 622c)
3. Each
Certificate of Origin (Form E) shall bear a separate reference number provided
by the issuing authority;
4. The
exporter shall send the original copy of the Certificate of Origin (Form E) to
the importer for submission to the customs authority of the importing Party at
the port or the place of importation. The duplicate copy shall be retained by
the issuing authority of the exporting Party. The triplicate copy shall be
retained by the exporter.
5. Where a
Certificate of Origin (Form E) is rejected by the customs authority of the
importing Party, that Certificate of Origin (Form E) shall be marked in Box 4.
6. Where the
Certificate of Origin (Form E) is rejected as prescribed in Clause 5 of this
Article, the customs authority of the importing Party shall consider the clarification
made by the issuing authority and assess whether or not it is qualified
for preferential tax rates. The clarification of the issuing authority
must be detailed and resolve the grounds for the denial of preferential
treatment raised by the importing Party.
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To implement
Article 2 of Annex I of the Decision No. 12/2007/QD-BTM, the Certificate of
Origin issued by the final exporting Party must indicate the origin criteria or
applicable percentage of ACFTA value content in Box 8.
Article
10.
Neither
erasures nor superimposition is allowed on the Certificate of Origin (Form E).
Any alteration shall be made by crossing out the mistake and making necessary
addition. Any alteration must be approved by the competent persons that sign
the Certificate of Origin (Form E), and certified with the official seal or
correction stamp (if any) of the issuing authority. Unused spaces must be
crossed out to prevent any subsequent addition.
Article
11.
Certificate
of Origin (Form E) may be issued prior to or at the time of exportation. Where
the Certificate of Origin (Form E) is not issued by the time of exportation of
within 03 days from the date of exportation at the request of the exporter, the
Certificate of Origin (Form E) shall be issue retroactively as prescribed by
the exporting Party within 12 months from date of loading, in which case it is
necessary to indicate “ISSUED RETROACTIVELY” in Box 12. In such cases,
the importer who claims the preferential treatment for his or her products may
submit the Certificate of Origin (Form E) issued retroactively to the customs
authority of the importing Party in accordance with the regulations of the
importing Party.
Article
12.
1. The
issuing authority of the intermediate Party may issue a Movement Certificate if
an application for the Movement Certificate is made by the exporter while the
goods are passing through the territory of that Party, provided that:
a) The
importer of the intermediate Party and the exporter who applies for the
Movement Certificate in the intermediate Party are the same;
b) The
applicant for the Movement Certificate presents an unexpired original
Certificate of Origin (Form E);
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d) The
quantity of goods on the Movement Certificate must not exceed the quantity on
the original Certificate of Origin (Form E).
2. The
Movement Certificate of China shall by issued by the customs authority, the
Movement Certificate of ASEAN Member States shall be issued by issuing
authorities.
3. The
Movement Certificate comes into force from the date of its issuance and expires
on the same expiry date of the original Certificate of Origin (Form E).
4. The goods
to be re-exported using the Movement Certificate must be under control of the
customs authority of the intermediate Party. The goods shall not undergo any
further processing in the intermediate Party, except for repacking and
logistics activities consistent with Article 8 of Annex 1 of the Decision No.
12/2007/QD-BTM.
5. The
verification the in Article 18 of this Annex shall also apply to the Movement
Certificate. In special cases, the customs authority of the importing Party may
request simultaneously the original exporting Party and the intermediate Party
to provide information about the original Certificate of Origin (Form E) and
the Movement Certificate within 30 days from the day on which the request is
received, including the first exporter, last exporter, reference number,
description of products, country of origin, and the port of discharge.
Article
13.
Where the
Certificate of Origin (Form E) is lost or damaged, the exporter may submit an
application for the certified true copy and the triplicate of the original
Certificate of Origin to the issuing authority. The issuing authority shall
issue the copy based on the export documents retained by the issuing authority.
This copy must bear the words “CERTIFIED TRUE COPY” in Box 12 of the
Certificate of Origin (Form E). This copy shall bear the date of the original
Certificate of Origin (Form E). The certified true copy of the Certificate of
Origin (Form E) shall be issued within 01 year from the date of issuance of the
original Certificate of Origin (Form E), and on condition that the exporter
provides the issuing authority with the triplicate copy or any documents
proving the issuance of the original Certificate of Origin (Form E).
SUBMISSION
OF THE CERTIFICATE OF ORIGIN
Article
14.
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Article
15.
The
Certificate of Origin (Form E) shall remain valid and must be submitted to the
customs authority within 01 year from the date of its issuance.
Article
16.
The products
that originate in the exporting Party and of which the FOB value does not
exceed 200 USD are exempted from submitting the Certificate of Origin (Form E),
and only simplified declaration made by the exporter that the products have
originated in the exporting Party shall by accepted. Products that are sent by
post and of which the FOB value does not exceed 200 USD shall also be similarly
treated.
Article
17.
1. Where the
origin of the products is not in doubt, minor mistakes, such as differences
between the HS codes on the Certificate of Origin (Form E) and those on the
documents submitted to the customs authority of the importing Party for the
purpose of carrying out the formalities for importing, shall not invalidate the
Certificate of Origin (Form E), if it does in fact correspond to the imported
products.
2. If the
importing Party and exporting Party have minor differences as prescribed in Clause
1, the products shall be released and subject to administrative measures, such
as imposition of high rates of tax, or an equivalent amount of deposit paid by
the importer. Once the differences in codes of products are resolved, the
correct ACFTA rate shall be applied and any overpaid tax shall be refunded in
accordance with the law of the importing Party
3. Where a
Certificate of Origin (Form E) contains multiple items, a problem encountered
with one of the items listed shall not affect or delay the application of
preferential tax rates and customs clearance to the remaining items on the
Certificate of Origin (Form E). Point b Clause 1 of Article 18 may be applied
to the problematic items.
Article
18.
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a) The request
shall be accompanied with a copy of the corresponding Certificate of Origin
(Form E) and shall specify the reasons and any additional information
suggesting that the details given on the Certificate of Origin (Form E) may be
inaccurate, unless the random inspection is requested.
b) The
customs authority of the importing Party may delay the granting of preferential
treatment while awaiting the verification result. However, it may grant the
importer the release of the products and take necessary administrative
measures, including imposition of higher rates of tax or equivalent amount of
deposit, provided that these products are not subject import prohibition or
restriction, and there is not suspicion of fraud.
c) The
customs authority or the issuing authority of the exporting Party shall
promptly notify the receipt of the request after receiving it and reply within
90 days from the day on which the request is received
2. If the
customs authority of the importing Party is not satisfied with the result of
the verification, it may suggest conducting a direct verification in the
exporting Party.
a) Prior to
the direct verification at the exporting Party, the customs authority of the
importing Party shall notify the competent authority of the exporting Party with
an aim to mutually reach an consensus on the conditions and means of the
verification.
b) The
verification shall be conducted within 60 days from the day on which the
notification is received.
3. The
verification shall be carried out at the exporting Party and its results shall
be notified to the customs authority and/or the issuing authority of the
exporting Party within 180 days. While awaiting the result of the direct
verification, Point b Clause 1 of this Article shall be applied.
4. Where the
exporting Party fails to satisfy the request of the customs authority of the
importing Party during the verification in the exporting Party as prescribed in
Clause 1, Clause 2, and Clause 3 of this Article, the preferential tax on these
products may be denied.
5. During
the verification, each Party shall maintain the confidentiality of the
information and documents provided by the other Party. Such information and
documents shall not be used for other purposes, including being used as
evidence in administrative and criminal proceedings, without the written
permission of the Party that provides them.
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1. The
issuing authority shall retain the documents related to the issuance of the
Certificate of Origin (Form E) within 03 years from the date of its issuance.
2.
Information relating to the validity of Certificate of Origin (Form E) shall be
provided at the request of the importing Party.
3.
Information between the parties concerned must be kept confidential and shall
only be used for the validation of the Certificate of Origin (Form E).
4. For the
purpose of the verification of goods origin as prescribed in Article 18, the
producer and/or exporter shall retain the documents relating to the application
for the Certificate of Origin (Form E) for at least 03 years from the date of
its issuance as prescribed by law of the exporting Party.
Article
20.
When the
destination of the products exported to a Party is changed before of after
their arrival in that Party, the following rules shall be observed:
1. If the
products have been declared to the customs authority of the importing Party,
the Certificate of Origin (Form E) shall be accepted by the customs authority
after the importer makes a written request. The original copy of the
Certificate of Origin (Form E) shall be kept by the customs authority of the
importing Party, and the photocopy of the Certificate of Origin (Form E) shall
be given to the importer.
2. If the
change of the destination of the products occurs during transportation to the
importing Party, the exporter shall submit and application for a new
Certificate of Origin (Form E), enclosed with the issued Certificate of Origin
(Form E).
Article
21.
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1. A
through bill of lading issued in the exporting Party;
2. A
Certificate of Origin (Form E) issued an issuing authority of the exporting
Party;
3. The copy
of the original commercial invoice of products; and
4. The
documents proving that the requirements in Clause 3 Article 8 of Annex 1 of the
Decision No. 12/2007/QD-BTM are complied with.
Article
22.
1. Products
sent from an exporting Party for exhibition in another Party and sold during or
after the exhibition in the importing Party are eligible for the ASEAN-China
preferential taxation on the condition that they meet the requirements in Annex
I of the Decision No. 12/2007/QD-BTM, the customs authority of the importing
Party is provided with proof that:
a) The
exporter has sent those products from the territory of the exporting Party to
the Party where the exhibition is held, and has exhibited them there;
b) The
exporter has sold or transferred the products to a consignee in the importing
Party; and
c) The
products have been sold to the importing Party during the exhibition or
immediately thereafter in the state in which they were sent for exhibition.
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3. Clause 1
of this Article shall apply to any trade, agricultural or crafts exhibition,
fair or similar display in shops or business premises for the purpose of
selling the products imported, and the products remain under customs control
throughout such the exhibition.
Article
23.
The customs
authority of the importing Party shall accept a Certificate of Origin (Form E)
in case a commercial invoice is issued by a company located in a third country
or by an ACFTA exporter which represents that company, as long as that product
complies the Rules of origin in Annex I of the Decision No. 12/2007/QD-BTM. The
third Party invoice number must be written in box 10 of the Certificate of
Origin (Form E). The exporter and consignee must be located in the; the copy of
the third Party invoice shall submitted together with the Certificate of Origin
(Form E) to the customs authority of the importing Party./.
ANNEX 3
CERTIFICATE OF ORIGIN (FORM E)
(Promulgated
together with the Circular No. 36/2010/TT-BCT dated November 15th
2010 of the Ministry of Industry and Trade on amended procedure for the
issuance and verification of Certificates of Origin and the product specific
rules according to the harmonized system 2007 in the ASEAN Trade in Goods
Agreement belonging Framework Agreement on the comprehensive economic cooperation
between Association of South East Asian Nations and the People’s Republic of
China)
Original
(Duplicate/Triplicate)
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ANNEX 4
INSTRUCTIONS TO COMPLETE THE CERTIFICATE OF ORIGIN
(FORM E)
(Promulgated
together with the Circular No. 36/2010/TT-BCT dated November 15th
2010 of the Ministry of Industry and Trade on amended procedure for the
issuance and verification of Certificates of Origin and the product specific
rules according to the harmonized system 2007 in the ASEAN Trade in Goods Agreement
belonging Framework Agreement on the comprehensive economic cooperation between
Association of South East Asian Nations and the People’s Republic of China)
The
Certificate of Origin (Form E) must be typed in English. The information
provided must be consistent with the customs declaration while carrying out the
customs formalities and other documents such as the bill of lading, commercial
invoices, and the Record on origin verification made by a organization that
verify imported goods (where a request for verification is made). The
Certificate of Origin (Form E) contents:
1. Box 1:
exporter’s business name, address, country (Vietnam).
2. Box 2:
consignee’s name, address, country
3. Top right
box: written by the issuing authority. The reference number is composed of 13
characters and divided into 05 groups. In particular:
a) Group 1:
02 characters “VN" (in upper case), which stand for Vietnam.
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CN:
BN:
KH:
MY:
PH:
China
Brunei
Cambodia
Malaysia
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TH:
LA:
ID:
MM:
SG:
Thailand
Laos
Indonesia
Myanmar
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c) Group 3:
02 characters indicating the year in which the Certificate of Origin is issued
d) Group 4: 02
characters indicating the issuing authority according to the list provided by
the Ministry of Industry and Trade below:
dd) Group 5:
05 characters indicating the ordinal number of the Certificate of Origin (Form
E).
e) Group 3,
group 4 and group 5 are separated by slashes “/”
Example: The
Export and Import Management Office of Ho Chi Minh city issues the 6th
Certificate of Origin (Form E) to a shipment to China in 2007, the reference
number of this shall be: VN-CN 07/2/00006.
4. Box 3:
Departure date, means of transport (specify the vessel’s name if the goods are
sent by sea, or type “by air” if they are sent by air) and the port of
discharge.
5. Box 4:
left blank After the importation, the customs authority at the port or the
place of importation shall tick the appropriate box before sending it back to
the issuing authority.
6. Box 5: the
list of goods (01 item, 01 shipment, 01 country of destination, 01 period of
time)
7. Box 6:
marks and number on packages
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9. Box 8:
Goods
are produced in the first country named in Box 11 of this C/O, including:
Insert
in Box 8:
a) Goods wholly
produced in the country of exportation according to Article 3 of Annex 1 of
the Decision No. 12/2007/QD-BTM
“WO”
b) Goods
not wholly produced in a country according to Article 4 of Annex 1 of the
Decision No. 12/2007/QD-BTM
Percentage of
the FOB value of the products produced or obtained in Vietnam, for instance
40%
c) Goods
not wholly produced in a country according to Article 4 and Article 5 of
Annex 1 of the Decision No. 12/2007/QD-BTM (cumulative origin)
Percentage
of ACFTA cumulative content at FOB price, for instance 40%
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“PSR”
10. Box 9:
Gross weight or other quantity and FOB value.
11. Box 10:
number and date of commercial invoices.
12. Box 11:
a) Type
“Vietnam” on the first line.
b) Type the
full name of the importing countries in the second line.
c) Type the
place and date, signature of the authorized signatory.
13. Box 12:
written by the issuing authority.
14. Box 13:
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b) Where
products are sent from the exporting party for exhibition in another party and
sold during or after the exhibition in the importing party as prescribed in
Article 22 of Annex 2, the box “Exhibition” shall be ticked, the name and
address of the exhibition must be indicated in box 2.
c) Where
products are issue with a Movement Certificate as prescribed in Article 12 of
Annex 2, the box “Movement Certificate shall be ticked, name of the original
issuing authority, the date of issuance and reference number of the original
Certificate of Origin (Form E) must be indicated in Box 13;
d) Where
invoices are issued by a third Party as prescribed in Article 23 of Annex 2,
the box “Third Party Invoicing” shall be ticked, the invoice number shall be
indicated in Box 10, name of the company that issues the invoice and the
country in which this company is located must be indicated in Box 7.