| THE MINISTRY OF INDUSTRY AND TRADE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 01/2010/TT-BCT | Hanoi, January 08, 2010 |
CIRCULAR
ON IMPLEMENTATION OF THE RULES OF ORIGIN PROVIDED IN THE AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ASEAN FREE TRADE AREA (AFTA)
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 on Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA);
Pursuant to the Agreement on Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA);
Pursuant to the Government's Decree No. 19/2006/ND-CP of February 20, 2006, detailing the Commercial Law regarding origin of goods;
The Minister of Industry and Trade prescribes the implementation of the rules of origin provided in the Agreement on Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Goods eligible for issuance of certificates of origin form D
A good eligible for issuance of certificates of origin form D (referred to as C/O in this Circular) means an originating good under the provisions of Annex 1 to this Circular for which a C/O is issued by a C/O form D issuer.
Article 2. Interpretation of terms
1. The Agreement on Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) among the Southeast Asian nations (below referred to as the CEPT Agreement) is the one officially concluded on January 28, 1992, in Singapore.
2. Vietnamese issuer of C/O form D (referred to as C/O issuer in this Circular) means organizations specified in Annex 12.
3. Applicant for C/O form D (referred to as C/O applicant in this Circular), means an exporter, producer or a lawfully authorized representative of an exporter or producer.
4. eCOSys means Vietnam's certificate of origin management and issuance electronic system at 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. Prove that their exports satisfy all origin requirements, and facilitate the verification of the origin of these goods by C/O issuers;
4. Take responsibility before law for the accuracy and truthfulness of their declarations related to C/O applications, including cases of authorization by exporters;
5. Promptly report to C/O issuers at which traders have filed C/O applications on 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 exports are raised, grown, harvested and processed;
7. Prove the authenticity of the origin of exported goods at the request of the Ministry of Industry and Trade, C/O issuers or customs offices of Vietnam or importing countries.
Article 4. Responsibilities of C/O issuers
C/O issuers shall:
1. Give guidance to C/O applicants upon request;
2. Receive and examine trader dossiers and C/O application dossiers;
3. Verify the actual origin of goods when necessary;
4. Issue C/O when goods satisfy the origin requirements in this Circular and C/O applicants observe all provisions of Article 3;
5. Send specimens of signatures of persons authorized to sign C/O and seals of C/O issuers to the Ministry of Industry and Trade (the Import and Export Department) under the Ministry of Industry and Trade's regulations for registration with competent authorities of importing countries;
6. Settle complaints related to C/O issuance according to their competence;
7. Re-verify the origin of exports at the request of competent authorities of importing countries;
8. Exchange information relating to the C/O issuance with other C/O issuers:
9. Make reports and participate in all professional training courses on origin and respond to other requests under regulations of the Ministry of Industry and Trade.
