| THE MINISTRY OF INDUSTRY AND TRADE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 04/2010/TT-BCT | Hanoi, January 25, 2010 |
CIRCULAR
ON IMPLEMENTATION OF THE RULES OF ORIGIN PROVIDED IN THE AGREEMENT BETWEEN THE MINISTRY OF INDUSTRY AND TRADE OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE MINISTRY OF INDUSTRY AND TRADE OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC ON RULES OF ORIGIN APPLICABLE TO GOODS ELIGIBLE FOR VIETNAM-LAOS PREFERENTIAL IMPORT TARIFF TREATMENT
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 between the Ministry of Industry and Trade of the Socialist Republic of Vietnam and the Ministry of Industry and Trade of the Lao People's Democratic Republic on rules of origin applicable to goods eligible for Vietnam-Laos preferential import tariff treatment signed on October 1, 2009, in Hanoi, Vietnam;
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 stipulates the implementation of the rules of origin provided in the Agreement between the Ministry of Industry and Trade of the Socialist Republic of Vietnam and the Ministry of Industry and Trade of the Lao People's Democratic Republic on rules of origin applicable to goods eligible for Vietnam-Laos preferential import tariff treatment as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Goods eligible for issuance of certificates of origin form S
A good eligible for issuance of certificates of origin form S (below referred to as C/O) 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 S issuer.
Article 2. Interpretation of terms
1. Vietnamese issuer of C/O form S (below referred to as C/O issuer) means organizations specified in Annex 10 to this Circular (not printed herein).
2. Applicant for C/O form S (below referred to as C/O applicant), means an exporter, producer or representative with a lawful power of attorney of an exporter or producer.
3. eCOSys means Vietnam's electronic system for management and issuance of certificates of origin, with the website 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. Demonstrate that their export goods satisfy requirements of origin and create favorable conditions for C/O issuers to verify the origin of these goods;
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;
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 Ministry of Industry and Trade, C/O issuers or customs offices of Vietnam 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 Circular and C/O applicants comply with Article 3;
5. Send specimen signatures of persons authorized to sign C/O and specimen seals of CI 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 about C/O issuance according to their competence;
7. Re-verify the origin of export goods at the request of competent authorities of importing countries;
8. Exchange information relating to C/O issuance with other C/O issuers;
9. Send reports to, participate in all professional training courses on origin organized by, and respond to other requests under regulations of the Ministry of Industry and Trade.
