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THE MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
4082/QĐ-BCT
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Hanoi, April 24,
2015
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DECISION
ON THE PROMULGATION
OF PILOT PROCEDURES FOR ONLINE ISSUANCE OF CERTIFICATE OF ORIGIN
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to Decree No.
95/2012/NĐ-CP dated November 12, 2012 by the
Government defining the functions, tasks, powers and organizational structure
of the Ministry of Industry and Trade;
Pursuant to Decree No.
19/2006/NĐ-CP dated February 20, 2006 by the Government detailing the Law on
Commerce with regard to the origin of goods;
Pursuant to Decree No.
43/2011/NĐ-CP dated June 13, 2011 by the Government providing for the
provision of online information and public services on websites or web portals
of state agencies;
Pursuant to the Circular
No. 06/2011/TT-BCT dated March 21, 2011 by the Ministry of Industry and
Trade providing for procedures for issuance of Certificate of preferential goods
origin;
At the request of the Director of the Department
of Export and Import and the Director of the Department of Electronic commerce
and Information technology,
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Article 1. Enclosed with this Decision the
“Pilot procedures for online issuance of Certificate of Origin”.
Article 2. Trader participating in the pilot
project must:
1. Directly perform the
production and export of goods and is carrying out the declaration of
application for Certificate of Origin (C/O) on Vietnamese electronic Certificate
of Origin issuance System (eCOSys) on the electronic information pages
www.ecosys.gov.vn;
2. Not commit violations again
the legislations on the issuance of certificate of origin;
3. Be chosen by the Ministry
of Industry and Trade for participation in the pilot procedures.
The Ministry of Industry and Trade shall announce
the List of traders eligible for the pilot procedures according to the
conformity with those criteria.
Article 3. This Decision comes into effect
from the day it is signed.
Article 4. The Director of the Department of
Export and Import, the Director of the Department of Electronic commerce and
Information technology, the Chief of the Ministry Office, local Export and
Import Management Offices, the C/O issuers authorized by the Ministry of
Industry and Trade and relevant organizations/individuals are responsible for
implementing the Decision./.
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PP. THE
MINISTER
THE DEPUTY MINISTER
Tran Tuan Anh
PILOT PROCEDURES
FOR ISSUANCE OF ONLINE CERTIFICATE OF ORIGIN
(Enclosed with the Decision No. 4082/QĐ-BCT dated
April 24, 2015 by the Minister of Industry and Trade)
Article 1. Scope of
regulation and regulated entities
1. The pilot procedures for
the online issuance of the Certificate of Origin (hereinafter referred to as
Pilot procedures) are applicable to applications for the Certificate of Origin
(C/O) Form D.
2. The pilot procedures are
applicable to the traders enumerated on the List of traders eligible for the
pilot procedures promulgated by the Ministry of Industry and Trade in periods
of time.
3. The duration of the pilot
procedures is 3 (three) months from the day on which this Decision is
promulgated. Such duration may be reduced depending on the circumstances.
Article 2. Online C/O
application
1. The trader shall make and
submit the C/O application via the Internet, including an application form for
C/O (downloaded from/available on www.ecosys.gov.vn) and
electronic files of the documents specified in Points (c) to (e) Clause 1
Article 9 of the Circular No. 06/2011/TT-BCT regulating
the procedures for the issuance of Certificate of Preferential goods origin by
the Ministry of Industry and Trade.
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The trader does not have to submit such documents
to the C/O issuer unless they are requested to do.
Article 3. Processing of
the online C/O application
1. When the online C/O
application is received, the C/O issuer shall send the applicant an electronic
notification of the result of the examination of the application.
If the application is not conformable with the
applicable regulation, the C/O issuer shall provide the applicant with
explanation and request modification.
2. When the notification of
the C/O issuer is received, the applicant shall submit to the C/O issuer
a completed C/O form that is conformable with provisions of Point (b), Clause
1, Article 9 of the Circular No. 06/2011/TT-BCT by the
Ministry of Industry and Trade and a printout of the notification.
3. The C/O issuer shall grant
a certification on the completed form within 2 (two) working hours from the
time the application prescribed in Clause 2 of this Article is received.
4. Traders may decide whether
to submit the C/O applications online according to such Pilot procedures or
submit paper C/O applications as prescribed in the Circular No. 06/2011/TT-BCT
by the Ministry of Industry and Trade.
Article 4. Responsibilities of online
applicant for C/O
1. The applicant shall be
legally responsible for the accuracy and the authenticity of the documents and
electronic data that are affixed digital signatures in the online C/O
application.
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Article 5. Organization of implementation
1. The Department of Export
and Import is responsible for providing training for the staff of the C/O
issuer in the pilot structure; choosing and providing training for the trader
participating in the structure; supervising the implementation of the pilot
structure of both the C/O issuer and applicant.
2. The Department of
Electronic commerce and Information technology is responsible for developing
and ensuring the stability of the Electronic Certificate of Origin issuance
System, receiving the feedback from relevant organizations/individuals and
rectifying the error (if any) to complete the program.
3. The C/O issuers are
responsible for receiving and processing the online C/O application;
discovering the irrational matters during the implementation to promptly
propose the remedial measures. C/O issuers shall monthly make the report on the
implementation and the result of the pilot structure and the difficulties
during the implementation to the Department of Export and Import and the
Department of Electronic commerce and Information technology for consideration.
4. The trader may report the
difficulties (if any) during the implementation of this Procedures to the C/O
issuer or the Ministry of Industry and Trade (to the mail: ecosys@moit.gov.vn) for handling.
5. After the duration of the
pilot procedures, the Department of Export and Import and the Department of
Electronic commerce and Information technology shall conduct a preliminary
review and report to the Minister the implementation, the result and proposal
for the adjustment of scope of regulation and regulated entities./.