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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: 44/2008/QD-BCT
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Ha Noi , December
08, 2008
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DECISION
PROMULGATING
THE REGULATION ON ISSUANCE OF CERTIFICATES OF ORIGIN, FORM AJ, FOR PREFERENTIAL
TARIFF TREATMENT UNDER THE ASEAN-JAPAN COMPREHENSIVE ECONOMIC PARTNERSHIP
AGREEMENT
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to the ASEAN-Japan Comprehensive
Economic Partnership Agreement concluded on a rotation basis between ASEAN
countries and Japan and signed by Vietnam on April 1, 2008, in Hanoi;
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 Government's Decree No. 19/2006/ND-CP of February 20, 2006,
detailing the Commercial Law regarding origin of goods;
At
the proposal of the director of the Import and Export Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on issuance of
certificates of origin, form AJ, for preferential tariff treatment under the
ASEAN-Japan Comprehensive Economic Partnership Agreement concluded on a
rotation basis between the ASEAN countries and Japan and signed by Vietnam on
April 1, 2008, in Hanoi (see the Regulation and the attached Annexes, which are
below collectively referred to as the Regulation on issuance of certificates of
origin, form AJ).
Article 2.- This
Decision takes effect 15 days after its publication in "CONG BAO."
Article 3.- The
Office of the Industry and Trade Ministry, the Import and Export Department and
concerned agencies shall implement this Decision.
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FOR THE MINISTER OF
INDUSTRY AND TRADE
VICE MINISTER
Nguyen Thanh Bien
REGULATION
ON
ISSUANCE OF CERTIFICATES OF ORIGIN, FORM AJ
(Promulgated together with the Industry and Trade Minister's Decision No.
44/2008/QD-BTC of December 8, 2008, promulgating the Regulation on issuance of
certificates of origin, form AJ, for preferential tariff treatment under the
ASEAN-Japan Comprehensive Economic Partnership Agreement)
Chapter I
GENERAL
PROVISIONS
Article 1.- Interpretation of terms
1. The ASEAN-Japan Comprehensive Economic
Partnership Agreement (below referred to as the AJCEP Agreement) is an
agreement concluded on a rotation basis between the ASEAN countries and Japan
and signed by Vietnam on April 1, 2008, in Hanoi.
2. Certificate of origin of goods, form AJ,
(below referred to as C/O) means a C/O issued by a C/O issuer to export goods
satisfying requirements of this Regulation for preferential tariff treatment
under the AJCEP Agreement.
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4. Applicant for C/O, form AJ (below referred
to as C/O applicant), means an exporter, producer or representative with a lawful
power of attorney of an exporter or producer.
5. eCOSys means Vietnam's electronic system
for management and issuance of certificates of origin, the website address of
which is http://www.ecosys.gov.vn.
Article 2.- Goods eligible for C/O issuance
Goods eligible for C/O issuance means goods
fully satisfying the conditions of origin specified in this Regulation.
Article 3.- Responsibilities of C/O applicants
C/O applicants shall:
1. Register trader dossiers with C/O issuers
under Article 5 of this Regulation;
2. Submit C/O application dossiers to C/O
issuers;
3. Demonstrate that their export goods
satisfy requirements of origin and create favorable conditions for C/O issuers
to verify the origin of these goods;
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5. Promptly report to C/O issuers in
localities where they are located on the C/O issued by Vietnamese C/O issuers
which are rejected by importing countries (if any);
6. Facilitate the verification by C/O issuers
at production establishments or places where export goods are grown, cultured,
harvested and processed;
7. Prove the truthfulness of the origin of
export goods at the request of the Industry and Trade Ministry, C/O issuers or
domestic customs offices or 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 products when
necessary;
4. Issue C/O when goods satisfy the
requirements of origin in this Regulation and
C/O applicants comply with Article 3 of this Regulation;
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6. Settle complaints about the C/O issuance
according to their competence;
7. Re-verify the origin of export goods at
the request of the Industry and Trade Ministry and customs offices of importing
countries;
8. Exchange information relating to the C/O
issuance with other C/O issuers;
9. Send reports to and respond to other
requests under regulations of the Industry and Trade Ministry.
Chapter II
PROCEDURES
FOR C/O ISSUANCE
Article 5.- Registration
of trade dossiers
1. C/O applicants may be considered for C/O issuance
at places where they have registered trader dossiers only after they have
completed trader dossier registration procedures. A trader dossier comprises:
a/ Registration of the specimen signature of
the person authorized to sign the C/O application and the specimen seal of the
trader (Annex 12);
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c/ Tax identification number registration
certificate (a copy with a true-copy stamp);
d/ A list of production establishments (if
any) of the trader (Annex 11).
2. Before the C/O application, any change in
the trader dossier shall be notified to the C/O issuer where this dossier has
been registered. A trader dossier shall be updated once every two (2) years.
3. In case of a force majeure circumstance or
for a plausible reason, if wishing to get a C/O issued by another C/O issuer in
a locality other than that where it has registered its trader dossier, a C/O
applicant shall provide the appropriate reason in writing for the non-application
for a C/O in the locality where it has registered its trader dossier, and
register its trader dossier with the new C/O issuer.
Article 6.- C/O
application dossiers
1. A C/O application dossier comprises:
a/ A C/O application form (Annex 10), which
has been fully and duly filled in;
b/ The C/O form (Annex 7), which has been
fully filled in;
c/ A customs declaration of export goods for
which customs procedures have been completed (for cases in which export goods
are not subject to customs declaration of export goods under law, this
declaration is not required);
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e/ The bill of lading;
In case the customs declaration of export
goods for which customs procedures have been completed and the bill of lading
(or equivalent document) are not yet available, the C/O applicant may submit
these documents within fifteen (15) working days from the date of issuance of
the C/O.
2. When finding it necessary, the C/O issuer
may request the C/O applicant to supply additional documents related to export
products, such as customs declaration of imported materials and auxiliary
materials; export permit (if any); purchase and sale contract; value-added
invoices for purchase and sale of domestic materials and auxiliary materials;
samples of materials and auxiliary materials or export products; description of
the product manufacturing operation with HS headings of input materials and
those of products (for change in tariff classification (CTC) criteria or good
manufacturing or processing operation criteria); or calculation of the regional
value content (RVC) (for RVC criteria); and other documents for evidencing the
origin of export products.
3. For documents specified at Point c, d and
e of Clause 1, and Clause 2, their copies bearing the signatures and true-copy
stamps of heads or authorized persons of concerned units or organizations, or
signatures and stamps of notaries public, may be provided along with their
originals for comparison.
4. For traders joining eCOSys, their 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 C/O, C/O issuers shall
notify such via eCOSys to applying traders for submission of complete written
dossiers for comparison by C/O issuers before issuing C/O.
Article 7.- Receipt
of C/O application dossiers
When C/O applicants file their dossiers,
record officers shall receive these dossiers. When the
C/O issuer requests supply of additional documents specified in Clause 2,
Article 6 of this Regulation, a record officer shall notify in writing such
request to the C/O applicant and make and hand a copy of the dossier receipt to
the C/O applicant when the latter so requests. For cases in which an additional
verification is required, the time limit for it must be clearly stated under
Clause 2, Article 8 of this Regulation.
Article 8.- Issuance
of C/O
1. A C/O shall be issued as soon as possible
within three (3) working days after the C/O applicant files a complete and
valid dossier, except for cases specified in Clause 2 of this Article.
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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. The verification must not impede the
delivery of goods or payment by exporters, except for cases in which exporters
are at fault.
Article 9.- Refusal
to issue C/O
1. C/O issuers may refuse to issue a C/O in
the following cases:
a/ C/O applicants have not yet registered
trader dossiers under Article 5 of this Regulation;
b/ C/O application dossiers are inaccurate or
incomplete as required in Article 6 of this Regulation;
c/ C/O applicants fail to submit documents
they lack under Article 6;
d/ Dossiers contain contradictory details;
e/ C/O application dossiers are filed with
offices other than those where trader dossiers have been registered;
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g/ There are lawful grounds to believe that
products are non-originating under this Regulation or C/O applicants have
committed fraudulent or dishonest acts in demonstrating the origin of their
products.
2. In case of refusal to issue a C/O, C/O
issuers shall clearly notify in writing reasons for refusal to C/O applicants
within three (3) working days after deciding on refusal.
Article 10.- Withdrawal of issued C/O
C/O issuers shall withdraw C/O they have
issued in the following cases:
1. Exporters or C/O applicants have forged
any documents in filed dossiers. At the same time,
C/O issuers shall include the names of exporters and C/O applicants that have
forged documents or made false declarations in a watch list of those subject to
stricter inspection measures before
C/O issuance, and concurrently notify them to competent agencies for handling
of the act of forging documents;
2. Issued C/O are not conformable with the
origin criteria.
Chapter III
MANAGEMENT
OF C/O ISSUANCE
Article 11.- Competence to sign C/O
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Article 12.- Focal point
The Industry and Trade Ministry (the Import
and Export Department) is the focal point performing the following jobs:
1. Guiding and inspecting the C/O issuance;
2. Carrying out procedures for registering
specimen signatures of persons competent to sign and issue C/O and specimen
seals of Vietnamese C/O issuers with the ASEAN Secretariat, and forwarding
specimen signatures of persons competent to sign and issue C/O and specimen
seals of C/O issuers of the member states of the AJCEP Agreement to the Finance
Ministry (the General Department of Customs);
3. Assisting the Industry and Trade Minister
in solving problems related to the implementation of the Regulation on issuance
of C/O, form AJ.
Article 13.- Reporting regime
1. C/O issuers already connected to eCOSys
shall update information on C/O issuance on the system on a daily basis (even
on days when they issue no C/O). Information updates must conform to standards
set by the Industry and Trade Ministry.
2. C/O issuers not yet connected to eCOSys
shall make monthly reports. Reports for a month shall be sent to the Industry
and Trade Ministry no later than the 5th of the following month according to
the date shown on the postmark or the date of sending e-mails. The report
format and model reports shall be specified by the Industry and Trade Ministry.
3. If receiving no report from a C/O issuer
five (5) working days after the reporting time limit, the Industry and Trade
Ministry shall issue the first written reminder. If still receiving no report
ten (10) working days after the reporting time limit, the Industry and Trade
Ministry shall issue the second written reminder. If still receiving no report
fifteen (15) working days after the reporting time limit, the Industry and
Trade Ministry shall issue a decision to stop the C/O issuance by that C/O
issuer and post the decision on its website.
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C/O applicants shall pay a C/O issuance fee
to C/O issuers, which is set by the latter under the Finance Ministry's current
regulations on fees and charges. C/O issuance fee levels shall be publicly
posted up at places of C/O issuance.
Chapter IV
SETTLEMENT
OF COMPLAINTS AND HANDLING OF VIOLATIONS
Article 15.- Complaint-settling agencies
Exporters and C/O applicants may lodge
complaints with C/O issuers. These C/O issuers shall reply within three (3)
working days. If not satisfied with replies of C/O issuers, complainants may
further lodge their complaints with the Industry and Trade Minister or
institute lawsuits at administrative tribunals under the law on complaints and
denunciations.
Article 16.- Handling of violations
Any C/O-related fraudulent acts shall be
handled under the Government's Decree No. 06/2008/ND-CP of January 16, 2008, on
sanctioning of administrative violations in commercial activities, and relevant
amending, supplementing or guiding documents. If causing serious consequences,
violators shall, depending on the nature and severity of their violations, be
examined for penal liability. In case their violations cause damage to
interests of the State, agencies, organizations or individuals, they shall pay
compensations for damage under law.
When detecting violations in the operation of
C/O issuers, the Industry and Trade Ministry shall, depending on the severity
of these violations, handle them under law and may terminate the
C/O issuance by these C/O issuers.
Article 17.- Implementation of the Regulation
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The Import and Export Department, the
Industry and Trade Ministry
54 Hai Ba Trung street, Hoan Kiem district,
Hanoi
Telephone: 04.22205444
Fax: 04.22202525
Email: [email protected]
