| THE MINISTRY OF INDUSTRY AND TRADE ------------------ No.12/2009/TT-BCT | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ------------------- Hanoi, May 22, 2009 |
CIRCULAR
ON IMPLEMENTATION OF THE RULES OF ORIGIN PROVIDED IN THE ASEAN TRADE IN GOODS AGREEMENT
Pursuant to the Governments Decree No.189/2007/ND-CP dated December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the ASEAN Trade in Goods Agreement signed on February 26, 2009, at the 14th ASEAN Summit in Cha-am, Thailand, between member states of the association of Southeast Asian Nations;
Pursuant to the Government’s Decree No. 19/2006/ND-CP dated February 20, 2006, detailing the Commercial Law regarding origin of goods;
The Ministry of industry and trade prescribes the implementation of the rules of origin provided in the Trade in Goods Agreement 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 (below referred to as C/O), means an originating good under the provisions of Annex 1 to this Circular for which AC/OIS issued by a form-D C/O issuer.
Article 2.
Interpretation of terms
1. The ASEAN Trade in Goods Agreement (ATIGA) is the one signed on February 26, 2009, at the 14th ASEAN Summit in Cha-am, Thailand, between the member states of the association of Southeast Asian Nations;
2. Vietnamese issuer of C/O, form D (below referred to as C/O issuer), means organizations specified in Annex 13.
3. Applicant for C/O, form D (below referred to as C/O applicant), means 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 application, 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 production establishments or places where exports are raised, grown, harvested and processed;
7. Prove the authenticity of the origin of ported 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 exported goods at the request of competent authorities of importing countries;
8. Exchange information relating to the 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.
Chapter II
PROCEDURES FOR C/O ISSUANCE.
Article 5.
Registration of trader dossiers
1. C/O applicants may be considered for C/O issuance only at places where they have registered their trader dossiers and after they have completed trader dossier registration procedures. A trader dossier comprises:
a/ Registration of the specimen of the signature of the person authorized to sign the C/O application and the specimen of seal of the trader (Annex 12, not translated herein);
b/ Business registration certificate of the trader (a certified true copy);
c/ Tax identification number registration certificate (a certified true copy);
d/ List of production establishments (if any) of the trader (Annex 11, not translated herein).
2. Before the C/O application, any change in the trader dossier shall be notified to the C/O issuer with which 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 a C/O issuer different from that with which it has registered the trader dossier, a C/O applicant shall provide written plausible reasons for the non-application at the C/O issuer with which it has registered the trader dossier, and register the trader dossier with the new C/O issuer.
Article 6.
C/O application dossiers
1. A C/O application dossier comprises:
a/ The C/O application form (Annex 10, not translated herein), which has been fully and duly filled in as guided in Annex 9 (not translated herein);
b/ The C/O form (Annex 8, not translated herein), which has been fully filled in;
c/ The customs declaration for which customs procedures have been completed. This declaration is not required for exports which are not subject to customs declaration under law;
d/ The commercial invoice;
e) The bill of lading or equivalent document in case the trader has no bill of lading. When a back C/O is issued for the whole goods lot of the goods lot brought from a non-tariff zone into the domestic market, this document may be exempted if the trader does not actually hold it.
Pending the availability of the customs declaration for which customs procedures have been completed and the bill of lading (or any document equivalent to bill of lading), the C/O applicant may submit these documents later within fifteen (15) working days after the date of receipt of C/O.
2. When finding it necessary, the C/O issuer may request the C/O applicant to supply additional documents related to the exports, such as customs declaration of imported materials and auxiliary materials; export permit (if any); purchase and sale contract; value-added invoices on the purchase and sale of domestic materials and auxiliary materials; samples of materials and auxiliary materials or exports; description of the manufacturing process With HS headings of input materials and goods (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 proving the origin of exports.
3. The papers specified at Points c, d and e of Clause 1, and Clause 2, may be copies bearing the signatures and true-copy stamps of traders' representatives at law or authorized persons, together with their originals for comparison at the request of C/O issuers when necessary.
4. For traders joining the eCOSys, their persons authorized to sign C/O applications shall declare data via the eCOSys, give their e-signatures and automatically transmit them to C/O issuers. After examining application dossiers on the eCOSys, if agreeing to issue C/O, C/O issuers shall notify such via the eCOSys to applying traders to submit complete dossiers on paper to C/O issuers for comparison before issuing C/O.
