THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 33/2009/TT-BCT
Hanoi, November 11, 2009
 
CIRCULAR
ON THE IMPLEMENTATION OF RULES OF ORIGIN IN THE AGREEMENT ESTABLISHING THE ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AREA
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 Establishing the ASEAN-Australia-New Zealand Free Trade Area, which was concluded on February 27, 2009, at the 14th Summit in Thailand between member states of the Association of Southeast Asian Nations, Australia and New Zealand;
Pursuant to the Government's Decree No. 19/2006/ND-CP of February 20, 2006, detailing the implementation of the Commercial Law regarding goods origins;
The Ministry of Industry and Trade provides for the implementation of rules of origin in the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area(AANZ) as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Goods eligible for the issuance of a certificate of origin, form AANZ
Goods eligible for the issuance of a certificate of origin (below referred to as C/O), form AANZ, are goods which have the origin as prescribed in Appendix 1 to this Circular (not printed herein) and are issued C/Os by organizations authorized to issue C/Os, form AANZ.
Article 2. Interpretation of terms
1. The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area is the Agreement concluded on February 27, 2009, at the 14th Summit in Thailand between member states of the Association of Southeast Asian Nations, Australia and New Zealand (below referred to as the AANZFTA Agreement).
2. Vietnam's organizations authorized to issue C/Os, form AANZ (below referred to as C/O issuers) are organizations defined in Appendix 10 to this Circular (not printed herein).
3. Applicants for C/Os, form AANZ (below referred to as C/O applicants) include exporters, producers and lawfully authorized representatives of exporters or producers.
4. The eCOSys means Vietnam's electronic system for management and issuance of C/Os at the 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. Evidence that their exported goods satisfy the rules of origin and facilitate the verification of the origin of goods by C/O issuers;
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 on C/Os issued by Vietnamese C/O issuers which are rejected by importing countries (if any);
6. Create conditions for C/O issuers to make physical inspection visits to production establishments or places of nurturing, planting, harvesting or processing exported goods;
7. Prove the truthfulness of the origin of exported goods at the request of the Ministry of Industry and Trade, C/O issuers, Vietnamese customs offices and 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 goods when necessary;
4. Issue C/Os, if goods satisfy rules of origin provided in this Circular and C/O applicants comply with Article 3;
5. Send specimen signatures of persons authorized to sign C/Os and specimen seals of C/O issuers to the Ministry of Industry and Trade (the Import and Export Department) under the Industry and Trade Ministry's regulation, for registration with competent agencies of importing countries;
6. Settle complaints about the issuance of CI Os according to their competence;
7. Re-verify the origin of exported goods at the request of competent agencies of importing countries;
8. Exchange information related to the issuance of C/Os with other C/O issuers;
9. Observe reporting regulations, participate in training courses on goods origin and abide by other requests according to regulations of the Ministry of Industry and Trade.
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