Decision No. 10/2010/QD-TTg on the Free Circulation Certificate for export and import products and goods

Pursuant to …;

Regulations on the Certificate of Free Sale for

products and goods for export and import

______________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Drug Law dated June 14, 2005;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Food Safety Ordinance dated August 7, 2003;

Considering the proposal of the Minister of Industry and Trade,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the issuance of the Certificate of Free Sale (CFS) for domestically produced products and goods for export and the requirement for the CFS for imported products and goods to be circulated in Vietnam.

Article 2. Applicability

This Decision applies to state management agencies, traders, product and goods manufacturers, and organizations and individuals involved in the quality of products and goods in Vietnam.

Article 3. Competence to manage CFS for imported products and goods; issuance of CFS for exported products and goods

1. The competence to manage CFS for imported products and goods and issue CFS for exported products and goods is specifically defined in Appendix I attached to this Decision.

2. The agencies mentioned in Clause 1 of this Article shall have the responsibility to clearly notify the addresses for registering trader's files; the places issuing CFS for exported products and goods, and the places inspecting CFS for imported products and goods.

Article 4. Definitions

In this Decision, the following terms shall be understood as follows:

1. Certificate of Free Sale (Certificate of Free Sale – CFS) is a certificate issued by the competent state agency of the exporting country to the exporter of products and goods listed in the CFS to certify that such products and goods are manufactured and permitted to circulate freely in the exporting country.

CFS includes specific certificates or those containing all the contents of CFS and similar certificates with equivalent content.

2. Issuing authority of CFS is the state agency with competence as specified in Article 3 of this Decision.

3. Applicants for CFS include exporters, manufacturers, representatives authorized by a valid power of attorney from the exporter or manufacturer.

Chapter II

ISSUANCE OF CFS FOR EXPORTED PRODUCTS AND GOODS

Article 5. Conditions for issuance of CFS

Domestically produced products and goods for export shall be issued CFS when they meet the following conditions:

1. There is a request from the exporter.

2. There are applicable standards published in accordance with current laws.

Article 6. Information on CFS

1. CFS is valid for two (02) years from the date of issuance.

2. CFS must be printed on white A4 paper, in English, and include the minimum information as follows:

a) Name of the issuing authority;

b) Reference number of the CFS;

c) Date of issuance of the CFS;

d) Name of the product or goods covered by the CFS;

đ) Type or group of products or goods covered by the CFS;

e) Name and address of the manufacturer;

g) On the CFS, it must clearly state that the product or goods are manufactured and sold freely in the market of the producing country;

h) Full name, signature, position of the person issuing the CFS and the stamp of the issuing authority.

3. Additional specific information of each issuing authority may be included in the CFS according to management requirements.

4. The issuing authority prints its own CFS template with all the information prescribed from Clause 1 to Clause 3 of this Article.

5. In case the importing country requires the exporter to submit CFS based on a template specified by that country, the issuing authority may issue CFS based on the requested template.

Article 7. Responsibilities of applicants for CFS

Applicants for CFS shall be responsible for:

1. Registering the trader's file with the issuing authority in accordance with Article 9 of this Decision.

2. Submitting the application file for CFS to the issuing authority in accordance with Article 10 of this Decision.

3. Complying with the requirements of the issuing authority regarding proving that the exported goods meet the regulations for issuing CFS.

4. Bearing legal responsibility for the accuracy and truthfulness of declarations related to the application for CFS.

5. When discovering errors on the CFS due to the trader's mistake, the applicant for CFS shall immediately notify the issuing authority to issue a new CFS to replace the erroneous CFS; return the erroneous CFS to the issuing authority for cancellation.

6. Paying fees and charges for issuing CFS in accordance with current laws.

Article 8. Responsibilities of the Issuing Authority for CFS

The issuing authority for CFS shall be responsible for:

1. Guiding the applicant for CFS if requested.

2. Receiving and examining the trader's file and the application file for CFS.

3. Verifying the actual quality requirements of goods when necessary.

4. Issuing CFS when goods meet the provisions on CFS set forth in this Decision.

5. When discovering errors on issued CFS due to its own fault, it must immediately notify and issue new CFS to the trader; recover and cancel the erroneous CFS.

Article 9. Registration of Trader's File

1. The applicant for CFS must register the trader's file with the issuing authority for CFS for the first time they apply for CFS and can only be considered for issuance of CFS after registering the trader's file. The trader's file includes:

a) Registration of the authorized representative's signature for the application for CFS and the trader's seal (Annex II);

b) Certificate of business registration of the trader (certified true copy);

c) Certificate of tax code registration (certified true copy);

d) List of production facilities (if any) of the trader (Annex III).

2. Any changes in the trader's file must be reported to the issuing authority for CFS where the file was registered before applying for CFS. In cases where there are no changes, the trader's file still needs to be updated every two (02) years.

3. In cases where CFS is requested from a different issuing authority than the one where the trader's file was previously registered, the applicant for CFS must send a written notice to the issuing authority where the CFS will be applied for and must register the trader's file with the new issuing authority.

Article 10. Application File for CFS

The application file for CFS includes:

1. A completed and valid application form for CFS (Annex IV).

2. Certified copy of the standard declaration applicable to the product or goods, accompanied by the representation (on the product label or packaging or accompanying documentation).

3. Other documents depending on the specific requirements of the issuing authority for CFS.

Article 11. Submission of Application File for CFS

When the applicant for CFS submits the application file, the receiving officer is responsible for checking the file and notifying the applicant for CFS in writing or by other means about the implementation of one of the following activities:

1. Accepting the application file for CFS if the file is complete and valid as stipulated in Article 10 of this Decision.

2. Returning the file and requesting additional documentation if the file is incomplete or invalid.

Article 12. Issuance of CFS

1. CFS must be issued within a period not exceeding five (05) working days from the date the applicant for CFS submits a complete and valid file as provided for in Article 10 of this Decision.

2. The issuing authority for CFS may conduct an inspection at the place of production if it finds that the examination of the file is insufficient grounds for issuing CFS or discovers signs of violation of laws related to previously issued CFS.

3. The quantity of CFS issued for products or goods according to the trader's request.

4. In cases where products or goods do not meet the conditions for issuing CFS as stipulated in Article 5 of this Decision, the issuing authority for CFS shall issue a written notification to the applicant for CFS regarding the non-issuance of CFS for the products applied for.

Article 13. Reissuing the CFS

1. In cases where the CFS is lost, misplaced, or damaged, the exporting trader may submit an application to the issuing authority requesting an authenticated copy of the original CFS. The issuing authority shall issue the copy based on the records kept at the issuing authority, and this copy must bear the phrase "CERTIFIED TRUE COPY" on the CFS. This copy shall carry the issuance date and validity period of the original CFS. This authenticated copy shall be issued during the period when the original CFS remains valid.

2. The time limit for reissuing the CFS shall not exceed five (05) working days from the date the applicant submits the application to the issuing authority requesting an authenticated copy of the original CFS.

Article 14. Revocation of Issued CFS

1. The issuing authority shall revoke the issued CFS in the following cases:

a) The exporting trader or the applicant for the CFS falsifies the document;

b) The CFS is issued for products or goods that do not meet the announced standards;

c) The CFS is issued beyond the issuing authority's jurisdiction.

2. The person who has been issued the CFS must return the issued CFS to the issuing authority within five (05) working days from the date of receipt of the revocation notice from the issuing authority. In cases where it is impossible to recover the issued CFS, the issuing authority shall issue a written notice to relevant organizations and individuals regarding the fact that the CFS mentioned in Clause 1 of this Article is no longer valid.

Article 15. Issuance of CFS via the Internet

The CFS can be issued through the Internet. The procedures for issuing the CFS via the Internet shall be specifically guided by the competent ministries.

Article 16. Fees and Charges for Issuing the CFS

The fees and charges for issuing the CFS shall be specifically stipulated by the Ministry of Finance.

Chapter III

REQUIREMENTS FOR THE CFS FOR IMPORTED PRODUCTS AND GOODS

Article 17. Imported Products and Goods Requiring a CFS as a Basis for Other Certificates Issued by Competent State Authorities According to Current Laws

1. The list of imported products and goods requiring a CFS as a basis for other certificates issued by competent state authorities according to current laws shall be specifically stipulated by the competent state authorities responsible for the attached Appendix I of this Decision.

2. Importing traders of products and goods listed in Clause 1 of this Article must submit the CFS to the competent state authorities in accordance with current laws.

Article 18. CFS for Imported Products and Goods

1. The CFS issued by the exporting country or territory must contain all the minimum information as prescribed in Clause 2 of Article 6 of this Decision.

2. The use of the CFS may apply to one or more import consignments as prescribed by the competent state authorities.

3. An authenticated copy of the CFS bearing the phrase "CERTIFIED TRUE COPY" of imported products and goods is accepted as equivalent to the original CFS.

Article 19. Legalization of the CFS

In cases where there is a requirement from the competent state authorities, the CFS issued by the exporting country or territory must be legalized according to the law, except in cases where legalization is exempted under international treaties to which Vietnam is a party or on the principle of reciprocity.

Article 20. Responsibilities of State Authorities with Competent Authority for CFS of Imported Products and Goods

1. Relevant state authorities shall be responsible for checking imported products and goods to ensure compliance with CFS.

2. In cases where there is doubt regarding the authenticity of the CFS of imported products and goods or if the goods do not comply with the CFS, relevant state authorities may request verification along with a copy of the relevant CFS from the issuing organization of the exporting country or territory. The verification request must clearly state the reasons and information needed to clarify the authenticity of the CFS of the imported products and goods.

Article 21. Refusal to Accept CFS of Imported Products and Goods

State authorities have the right to refuse acceptance of the CFS of imported products and goods if such CFS has been confirmed by the issuing authority of the exporting country as being non-authentic.

Chapter IV

VIOLATION HANDLING AND COMPLAINTS

Article 22. Handling of Violations

1. Any violation of the provisions concerning CFS set forth in this Decision shall be subject to administrative penalties or criminal prosecution, depending on the severity of the violation, in accordance with current laws.

2. Officials, civil servants, and individuals within organizations authorized to issue CFS, and state authorities with competent authority over CFS of imported products and goods who violate the provisions of this Decision or abuse their positions and powers to issue CFS contrary to the provisions of this Decision, causing difficulties and hindrances in the issuance of CFS, or engaging in other violations while performing their duties, shall be subject to disciplinary action, administrative fines, or criminal prosecution, depending on the nature and severity of the violation. In cases where the violation causes damage to the interests of the State or of agencies, organizations, or individuals, compensation for damages shall be provided in accordance with the law.

Article 23. Handling Complaints Related to CFS

In cases where CFS issuance for exported goods is refused or the CFS of imported goods is not recognized, the applicant for CFS issuance or the importer has the right to file a complaint in accordance with the law on complaints and denunciations.

Chapter V

IMPLEMENTATION

Article 24. Storage of records

1. Application files for CFS issuance must be retained by the applicant for CFS issuance and the issuing agency for a minimum of three (03) years from the date of issuance.

2. The CFS of imported products and goods must be retained by the importer for a minimum of three (03) years from the date of importation.

Article 25. Responsibilities of Ministries and Sectors

1. The Ministry of Industry and Trade is responsible for leading, managing, coordinating, issuing, and implementing the CFS mechanism in Vietnam.

2. Ministries and sectors are responsible for guiding and regulating the issuance and inspection of CFS for goods and products under their jurisdiction as stipulated in Article 3 of this Decision.

Article 26. Effective date

This Decision takes effect from May 1, 2010.

Article 27. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decision./.