Decision No. 18/2007/QD-BTM On Issuing the Regulation on Issuing Electronic Origin Certificates

DECISION OF THE MINISTER OF TRADE

On Issuing the Regulation on Issuance of Electronic Origin Certificates

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 57/2006/NĐ-CP dated June 9, 2006 of the Government on electronic commerce;

Pursuant to Decree No. 26/2006/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services;

Pursuant to Decision No. 222/2005/QĐ-TTg dated September 15, 2005 of the Prime Minister approving the overall plan for developing electronic commerce from 2006 to 2010;

Pursuant to Circular No. 07/2006/TT-BTM dated April 17, 2006 of the Ministry of Trade guiding procedures for issuing and managing the issuance of Origin Certificates under Decree No. 19/2006/NĐ-CP dated February 20, 2006 of the Government detailing the Law on Commerce regarding the origin of goods;

Upon the proposal of the Director of the Department of Electronic Commerce,

DECISION:

Article 1. The accompanying Decision issues the Regulation on Issuance of Electronic Origin Certificates.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Head of the Ministry's Office, Directors of relevant Departments: Import-Export, Electronic Commerce, and Heads of related units under the Ministry shall be responsible for implementing this Decision./.

REGULATIONS

Electronic Origin Certificate

(issued together with Decision No. 18/2007/QĐ-BTM dated July 30, 2007

of the Minister of Trade on issuing

the Regulation on Issuance of Electronic Origin Certificates)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation sets forth the conditions and procedures for issuing electronic origin certificates (E-Os) for E-Os issued by the Ministry of Trade for Vietnamese export goods.

Article 2. Applicability

This Regulation applies to:

- Business operators engaged in export activities in Vietnam.

- Organizations issuing E-Os under the Ministry of Trade.

Article 3. Definitions

1. eCoSys is the system for managing and issuing electronic origin certificates implemented by the Ministry of Trade according to the Project on Management and Issuance of Electronic Origin Certificates approved by Decision No. 0519/QĐ-BTM dated March 21, 2006 of the Ministry of Trade. eCoSys has the address http://ecosys.mot.gov.vn.

2. The MOT-CA system includes all information technology equipment, MOT-CA cards and card readers, software, digital signature verification processes, and other related elements of the Ministry of Trade ensuring the reliable and secure use of digital signatures.

3. ECVN is the National Electronic Commerce Portal managed by the Ministry of Trade, located at http://www.ecvn.com.

Chapter II

CONDITIONS FOR BUSINESS OPERATORS
TO BE ISSUED ELECTRONIC ORIGIN CERTIFICATES

Article 4. Legal Conditions

The business operator has not violated regulations on the issuance of Origin Certificates as stipulated in Decree No. 19/2006/NĐ-CP dated February 20, 2006 of the Government detailing the Law on Commerce regarding the origin of goods.

Article 5. Capability Conditions

The business operator must meet one of the following conditions:

1. Be a reputable export enterprise selected by the Ministry of Trade;

2. Be an export textile, footwear enterprise with an average annual export turnover of over 30 million USD in the last three years;

3. Be a gold or silver member of ECVN;

4. Be introduced and guaranteed by industry associations.

Article 6. Technical Conditions

The trader must ensure:

1. Having staff to operate information technology equipment;

2. Having a computer connected to the Internet;

3. Having a laser printer or inkjet printer;

4. Having a security system that can be integrated with the MOT-CA System of the Ministry of Commerce.

The details of the technical conditions of this Article are specified in Appendix I of this Regulation.

Article 7. Registration for Participation in eCoSys

Traders who meet all the conditions stipulated in Articles 4, 5, and 6 of this Regulation must register with the Ministry of Commerce to obtain an electronic Certificate of Origin. The registration dossier includes:

1. An application form for participation in eCoSys signed by an authorized person (Appendix II).

2. A list of units and staff authorized to sign the application for issuance of the Certificate of Origin.

3. A CA card according to the standard specified in Appendix I of this Provision. Each card is issued only to one unit or staff member of the trader.

Traders submit the registration dossier for participation in eCoSys to the Issuing Organization.

Article 8. Issuance of Digital Certificates

Within no more than 7 (seven) working days from the date of receipt of the registration dossier for participation in eCoSys from the trader, the Ministry of Commerce is responsible for issuing digital certificates to the trader so that the trader can use digital signatures. The use of digital signatures shall comply with current laws and Decision No. 25/2006/QĐ-BTM dated July 25, 2007 of the Minister of Commerce on the issuance of the Regulation on the use of digital signatures of the Ministry of Commerce.

Chapter III

PROCEDURE FOR ISSUANCE OF ELECTRONIC ORIGIN CERTIFICATES

Article 9. Submission of Electronic Dossier

1. Traders may declare and submit applications for issuance of the Certificate of Origin on ECVN or eCoSys.

2. After declaration, traders send the application for issuance of the Certificate of Origin with the authorized person's digital signature to the Ministry of Commerce.

3. Applications for issuance of the Certificate of Origin with digital signatures have the same legal effect as paper dossiers.

Article 10. Issuance of Electronic Certificate of Origin

1. Applications for issuance of the Certificate of Origin from traders who meet the capacity and technical conditions, have registered with the Ministry of Commerce, and have been digitally signed will be considered for issuance of the Certificate of Origin.

2. The Issuing Organization is responsible for reviewing applications for issuance of the Certificate of Origin received through the network as if they were paper dossiers.

3. The Issuing Organization is responsible for issuing an electronic Certificate of Origin to the trader when the application for issuance of the Certificate of Origin is valid.

Article 11. Notification of Results

1. The results of the issuance of the electronic Certificate of Origin are publicly announced on eCoSys and ECVN by the Issuing Organization.

2. For applications that do not meet the conditions for issuance of the electronic Certificate of Origin, traders may amend and supplement their applications, then resubmit them after signing again.

Article 12. Receipt of Certificate of Origin

Traders receive the Certificate of Origin on paper at the Issuing Organization, simultaneously submitting one set of the paper application for issuance of the Certificate of Origin to the Issuing Organization in accordance with Circular No. 07/2006/TT-BTM dated April 17, 2006 of the Ministry of Commerce.

Article 13. Issuance of Certificate of Origin by Traditional Method

1. Traders who do not meet the conditions for issuance of the electronic Certificate of Origin have the right to request issuance of the Certificate of Origin by traditional method.

2. Traders who meet the conditions for issuance of the electronic Certificate of Origin also have the right to request issuance of the Certificate of Origin by traditional method.

Chapter IV

HANDLING VIOLATIONS

Article 14. Handling of violations

Traders who violate during the submission of applications for issuance of the electronic Certificate of Origin, such as forging signatures, falsifying documents, making false declarations, and other violations, may be subject to the following measures:

1. Not being issued an electronic Certificate of Origin for a period of six months to one year from the date the Issuing Organization discovers the violation by the trader;

2. Publicly announcing the name of the trader and the violation on eCoSys, ECVN, and other mass media;

3. Being subject to legal proceedings under the provisions of commercial law, electronic transactions law, information technology law, and related laws./.