Circular No. 01/2010/TT-BCT on Implementing Rules of Origin under the Agreement on Trade Liberalization Measures in the Framework of the ASEAN Free Trade Area (AFTA) pursuant to the ASEAN Comprehensive Economic Cooperation Agreement (CEPT).

CIRCULAR

To implement the Rules of Origin under the Agreement on the Framework for Preferential Trade (CEPT) to establish the ASEAN Free Trade Area (AFTA)

to establish the ASEAN Free Trade Area (AFTA)

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on the Agreement on the Framework for Preferential Trade (CEPT) to establish the ASEAN Free Trade Area (AFTA);

Pursuant to Decree No. 19/2006/NĐ-CP dated February 20, 2006, promulgated by the Government detailing the Law on Commerce regarding the origin of goods;

The Minister of Industry and Trade stipulates the implementation of the Rules of Origin under the Agreement on the Framework for Preferential Trade (CEPT) to establish the ASEAN Free Trade Area (AFTA) as follows:

PART I

GENERAL PROVISIONS

Article 1. Goods are issued with Certificate of Origin Form D

Goods issued with Certificate of Origin Form D (hereinafter referred to as C/O) are goods that meet the origin requirements set out in Appendix 1 of this Circular and are issued C/O by the Organization issuing C/O Form D.

Article 2. Definitions

1. The Agreement on the Framework for Preferential Trade (CEPT) to establish the ASEAN Free Trade Area (AFTA) among Southeast Asian countries (hereinafter referred to as the CEPT Agreement) is the Agreement officially signed in Singapore on January 28, 1992. The Agreement on the ASEAN Free Trade Area (AFTA) among Southeast Asian countries (hereinafter referred to as the CEPT Agreement) was officially signed in Singapore on January 28, 1992.

2. The Organization issuing C/O Form D of Vietnam (hereinafter referred to as the Organization issuing C/O) includes organizations specified in Appendix 12.

3. The applicant for C/O Form D (hereinafter referred to as the applicant for C/O) includes the exporter, manufacturer, and authorized representative of the exporter or manufacturer.

4. The eCOSys System is the electronic system for managing and issuing certificates of origin in Vietnam located at: http://www.ecosys.gov.vn.

Article 3. Responsibilities of the applicant for C/O

The applicant for C/O shall be responsible for:

1. Registering business files with the Organization issuing C/O in accordance with Article 5;

2. Submitting application files for C/O to the Organization issuing C/O;

3. Proving that exported goods comply with the origin regulations and facilitating the Organization issuing C/O in verifying the origin of goods;

4. Being legally accountable for the accuracy and truthfulness of declarations related to the application for C/O, including in cases where the exporter has authorized them;

5. Promptly reporting to the Organization issuing C/O at the place where they applied for C/O about any C/Os rejected by the importing country due to refusal to recognize C/Os issued by Vietnamese issuing Organizations (if any);

6. Facilitating the Organization issuing C/O to conduct on-site inspections of production facilities or places of cultivation, harvesting, and processing of exported goods;

7. Proving the authenticity of the origin of exported goods when requested by the Ministry of Industry and Trade, the Organization issuing C/O, domestic customs authorities, and the customs authorities of the importing country.

Article 4. Responsibilities of the Organization issuing C/O

The Organization issuing C/O shall be responsible for:

1. Guiding the applicant for C/O if requested;

2. Receiving and examining business files and application files for C/O;

3. Verifying the actual origin of goods when necessary;

4. Issuing C/O when goods meet the origin requirements of this Circular and the applicant for C/O complies with the provisions of Article 3;

5. Sending samples of signatures of authorized persons signing C/O and the seal of the Organization issuing C/O to the Ministry of Industry and Trade (Department of Import-Export) in accordance with the regulations of the Ministry of Industry and Trade to register with the competent authority of the importing country;

6. Resolving complaints related to the issuance of C/O within its jurisdiction;

7. Re-verifying the origin of exported goods upon request of the competent authority of the importing country;

8. Exchanging relevant information on the issuance of C/O with other issuing Organizations;

9. Implementing reporting systems, fully participating in training courses on origin and other requirements as prescribed by the Ministry of Industry and Trade.

Chapter II

PROCEDURES FOR ISSUING C/O

Article 5. Registration of Business Files

1. The applicant for C/O can only be considered for C/O issuance at the place where they have registered business files after completing the registration procedures for business files. The business file includes:

a) Registration of the signature sample of the authorized person signing the Application for C/O and the seal of the business (Appendix 11);

b) Business registration certificate of the business (certified true copy);

c) Tax registration certificate (certified true copy);

d) List of production facilities (if any) of the business (Appendix 10).

2. Any changes in the business file must be notified to the Organization issuing C/O at the place where it was registered before applying for C/O. The business file must still be updated every two (02) years.

3. In cases where the applicant for C/O wishes to obtain C/O from a different issuing place due to force majeure or valid reasons, they must submit a written statement explaining why they did not apply for C/O at the previously registered issuing place and must register their business file with the new issuing Organization.

Article 6. Application File for C/O

1. The application file for C/O includes:

a) Application form for C/O (Appendix 9) completed and valid as instructed in Appendix 8;

b) Completed C/O form (Appendix 7);

c) Customs declaration completed with customs formalities. In cases where exported goods do not need to declare a customs declaration according to the law, there is no need to submit a customs declaration;

d) Commercial invoice;

đ) Bill of lading or equivalent transport document in cases where the business does not have a bill of lading. In cases of issuing back-to-back C/O for the entire consignment or part of the consignment from a duty-free zone into the domestic market, this document may not be required if the business does not actually have it;

In cases where there is no completed customs declaration and bill of lading (or equivalent transport document), the applicant for C/O may be allowed to provide these documents later but not more than fifteen (15) working days from the date of issuance of C/O.

2. If deemed necessary, the Organization issuing the Certificate of Origin (C/O) may request the applicant for issuance of the C/O to provide additional documents related to the exported goods such as: import declaration for raw materials and auxiliary materials; export permit (if any); sales contract; value-added tax invoice for the purchase and sale of raw materials and auxiliary materials within the country; samples of raw materials and auxiliary materials or samples of exported goods; description of the production process leading to the goods with detailed Harmonized System (HS) codes of input materials and detailed HS codes of the goods (for the criteria of HS code conversion or specific processing criteria); calculation of regional value content (for the regional value content criterion); and other documents to prove the origin of the exported goods.

3. In cases where the documents specified in points c, d, đ of Clause 1 and stipulated in Clause 2 are copies bearing signatures and stamps confirming they are true copies by the legal representative or authorized person of the trader, the original documents may be requested by the Organization issuing the C/O for verification if deemed necessary.

4. For traders participating in the eCOSys system, the authorized person signing the Application for Issuance of the C/O will declare the data through the eCOSys system, sign electronically, and transmit automatically to the Organization issuing the C/O. After reviewing the application on the eCOSys system, if the issuance of the C/O is approved, the Organization issuing the C/O will notify the trader via the eCOSys system to submit the complete paper application for verification before issuing the C/O.

Article 7. Receipt of Application for Issuance of the C/O

When the applicant submits the application for issuance of the C/O, the receiving officer is responsible for accepting the application, checking it, and informing the applicant in writing or by another form about one of the following actions:

1. Issuing the C/O in accordance with Article 8;

2. Requesting supplementary documents in accordance with Article 6;

3. Refusing to issue the C/O if any of the following situations are discovered:

a) The applicant has not registered the trader's file in accordance with Article 5;

b) The application for issuance of the C/O is inaccurate or incomplete as prescribed in Article 6;

c) The applicant has not submitted outstanding documents as required by Article 6;

d) There are contradictions in the content of the application;

đ) Submitting the application for issuance of the C/O at a place other than that registered for the trader's file;

e) The C/O is filled out in handwriting, erased, blurred, or printed in multiple ink colors;

g) There is legal evidence proving that the goods do not have the origin as prescribed in this Circular or the applicant has engaged in fraudulent or untruthful behavior in proving the origin of the goods.

Article 8. II. Implementation of professional activities related to origin of goods

1. The C/O must be issued within a period not exceeding three (03) working days from the date the applicant submits a complete and valid application, except in the case provided for in Clause 2 of this Article.

2. The Organization issuing the C/O may conduct an inspection at the place of production if it finds that the review of the application is insufficient grounds for issuing the C/O or discovers signs of violation of laws regarding previously issued C/Os. The inspector of the Organization issuing the C/O will record the results of the inspection and require the applicant and/or exporter to sign the record. In the event that the applicant and/or exporter refuse to sign, the inspector must clearly record the reason for refusal and sign the record.

The processing time for issuing the C/O in this case shall not exceed five (05) working days from the date the applicant submits a complete application.

3. During the examination of the issuance of the C/O, if it is found that the goods do not meet the origin requirements or the application file is missing or invalid, the Organization issuing the C/O will notify the applicant according to Clause 2 or Clause 3 of Article 7.

4. The verification period shall not hinder the delivery or payment of the exporter, except in cases due to the fault of the exporter.

Article 9. Revocation of Issued C/O

The Organization issuing the C/O will revoke the issued C/O in the following cases:

1. The exporter or the applicant for issuance of the C/O falsifies documents.

2. The issued C/O does not comply with the origin standards.

Chapter III

ORGANIZATION MANAGING THE ISSUANCE OF C/O

Article 10. Authority to Sign C/O

Only those who have completed the registration of their signature sample with the Ministry of Industry and Trade and the Ministry of Industry and Trade has sent the signature sample of the authorized person issuing the C/O and the stamp sample of the Vietnamese Organizations issuing the C/O to the ASEAN Secretariat for registration with the competent authority of the importing country are entitled to sign and issue the C/O.

Article 11. is the competent authority representing each ministry responsible for coordinating the handling of harmful interference among radio stations serving defense, security purposes, and economic and social purposes.

The Department of Import-Export, under the Ministry of Industry and Trade, performs the following tasks:

1. Guide and inspect the issuance of the C/O;

2. Carry out procedures to register the signature sample of the authorized person issuing the C/O and the stamp sample of the Vietnamese Organizations issuing the C/O with the ASEAN Secretariat and transfer the signature sample of the authorized person issuing the C/O and the stamp sample of the Organizations issuing the C/O of member countries under the CEPT Agreement to the Ministry of Finance (General Administration of Customs);

3. Assist the Minister of Industry and Trade in resolving issues related to the implementation of the C/O.

Article 12. Reporting System

1. The Organization issuing the C/O must implement the daily update of C/O data through the eCOSys system with all information required to be declared in accordance with the Application for Issuance of the C/O.

2. The Organization issuing the C/O that has not connected to the eCOSys system must implement the connection of the eCOSys system with the Department of E-commerce and Information Technology under the Ministry of Industry and Trade. During the period when the connection to the eCOSys system is not completed, the Organization issuing the C/O must implement a monthly reporting system in writing and report via email (sent in Excel format). The report must be sent to the Ministry of Industry and Trade no later than the 5th day of the month following the submission date, calculated based on the postmark or the date of sending the email according to the model specified in Appendix 13.

3. The Organization issuing the C/O that violates the reporting regulations stipulated in Clauses 1 and 2 of this Article for the third time will be suspended from issuing the C/O and publicly announced on the Ministry of Industry and Trade’s electronic information website. After at least six months, the Ministry of Industry and Trade will consider re-authorizing the suspended Organization issuing the C/O based on the proposal and explanation of that Organization.

Article 13. Implementation Provisions

1. This Circular takes effect from February 21, 2010.

This Circular replaces Circular No. 12/2009/TT-BCT dated May 22, 2009, of the Ministry of Industry and Trade implementing the Rules of Origin in the ASEAN Trade in Goods Agreement. /\.