CIRCULAR NO. 21/2020/TT-BTTTT REGULATING THE ISSUANCE OF FREE CIRCULATION CERTIFICATES FOR GOODS IN THE FIELD OF INFORMATION AND COMMUNICATIONS

CIRCULAR
Regulations on issuing Free Circulation Certificates for goods in the field of information and communications
The Minister of Information and Communications issues this Circular to regulate the issuance of Free Circulation Certificates (CFS) for goods in the field of information and communications.

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Article 1. Amending and supplementing Circular No. 09/2013/TT-BTTTT dated April 8, 2013 of the Minister of Information and Communications on the List of software and hardware, electronic products as follows:

1. This Circular details the procedures for issuing Free Circulation Certificates (CFS) within the scope of goods and the management authority of the Ministry of Information and Communications, including: the agency handling CFS applications; the application form for issuing CFS; the application form for amending, supplementing/reissuing CFS; the format of CFS.

Article 1. Scope of Regulation

2. The Ministry of Information and Communications shall issue CFS for exported goods within the scope of goods and the management authority of CFS of the Ministry of Information and Communications as specified in Appendix V of Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade.

3. Merchants are not required to submit CFS along with the HS code for imported goods within the scope of goods and the management authority of CFS of the Ministry of Information and Communications as specified in Appendix V of Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade.

This Circular applies to state administrative agencies; merchants participating in export and import activities of goods in the field of information and communications, and other organizations and individuals related thereto.

Article 2. Applicability

Article 3. Procedure for Issuing CFS for Exported Goods

1. The procedure and formalities for issuing CFS for exported goods upon request of merchants are detailed in Article 11 of Decree No. 69/2018/NĐ-CP. Merchants submit one set of application documents as stipulated in Clause 1 of this Article directly or through postal service to the Ministry of Information and Communications at address: No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City or via online submission at the National Public Service Portal (http://dichvucong.gov.vn) or the Ministry of Information and Communications' Online Public Service Portal (http://dichvucong.mic.gov.vn).

2. The application form for issuing CFS is specified in Appendix I attached herewith.

3. The CFS issued to merchants exporting goods is specified in Appendix III attached herewith. In cases where the importing country requires merchants to submit CFS according to its own format, the Ministry of Information and Communications will issue CFS based on the requested format.

4. Agencies handling CFS applications: - Press products: Press Bureau. - Publishing products: Publishing, Printing and Distribution Bureau. - Postal and courier products: Postal Services Department. - Electronic and information technology products: Information Technology Department. - Telecommunication equipment; Radio frequency transmission and reception equipment: Telecommunications Bureau.

5. In cases of amending, supplementing CFS; reissuing CFS due to loss or misplacement, merchants shall follow the provisions at Point e, Clause 3, Article 11 of Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade. Applications for amending, supplementing CFS; reissuing CFS shall be made according to the form in Appendix II of this Circular. Place of receiving applications: Ministry of Information and Communications.

5. In cases of amending, supplementing the CFS; reissuing the CFS due to loss or misplacement, the trader shall implement in accordance with the provisions at Point e, Clause 3, Article 11 of Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing certain articles of the Law on Foreign Trade Management. The application for amending, supplementing the CFS; reissuing the CFS shall be carried out according to the form in Appendix II of this Circular. The location for receiving applications: Ministry of Information and Communications.

Article 4. Responsibilities of the agency handling CFS applications and exporters of goods in the field of information and communications

1. The agency handling CFS applications:

a) Organizes the dissemination and guidance on procedures for issuing CFS for exported goods in the field of information and communications;

b) Receives and reviews the validity of CFS application files in accordance with the provisions of the law, reports to the Ministry of Information and Communications for consideration and decision.

2. Exporters of goods in the field of information and communications:

a) Comply with the guidance of the CFS management agency and the provisions of this Circular;

b) Shall be responsible under current laws for the accuracy and authenticity of declarations related to the application for issuance of CFS for exported goods in the field of information and communications.

Article 5. Effective Date

This Circular takes effect from October 26, 2020.

Article 6. Implementation Organization

1. Heads of agencies and units under the Ministry of Information and Communications and organizations and individuals related to export and import activities of goods in the field of information and communications shall be responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, the relevant agencies, organizations, and individuals are requested to report to the Ministry of Information and Communications (Department of Information Technology) for timely guidance and resolution./.

 

ANNEX I

SAMPLE APPLICATION FOR CERTIFICATE OF FREE SALE
(Annexed to Circular No. 21/2020/TT-BTTTT dated September 7, 2020 issued by the Minister of Information and Communications)

MINISTRY OF INFORMATION AND COMMUNICATION
MINISTRY OF INFORMATION AND COMMUNICATIONS

Address: 18 Nguyen Du, Hai Ba Trung District, Hanoi
Address: 18 Nguyen Du str., Hai Ba Trung dist., Hanoi
Website: http://www.mic.gov.vn

 

APPLICATION FOR CERTIFICATE OF FREE SALE

APPLICATION FOR CERTIFICATE OF FREE SALE (CFS)

Part 1Business Information

Section 1Firm/Company/Manufacturer's Information

To meet the requirements of the importing country, [Name of the business] requests the issuance of a Certificate of Free Sale (CFS) for the following goods:

To meet the requirements of the importing country, [firm/company/manufacturer] requests to issue CFS for the following products:

Part 2Exported Goods Information Requesting CFS

Section 2Product Information

Part 3Business Declaration

Section 3Firm/Company/Manufacturer’s Declaration

I hereby declare that these products comply with Vietnamese standards and quality regulations.

I declare that the kinds of products in this application comply with the standards and quality of Vietnam.

I hereby accept full responsibility under the law for the authenticity of the above information.

I further declare that all information contained in this application form is true and correct as at the date of signing.

 

 

ANNEX II

SAMPLE APPLICATION FOR REISSUANCE OF CERTIFICATE OF FREE SALE
(Annexed to Circular No. 21/2020/TT-BTTTT dated September 7, 2020 issued by the Minister of Information and Communications)

MINISTRY OF INFORMATION AND COMMUNICATION
MINISTRY OF INFORMATION AND COMMUNICATIONS

Address: 18 Nguyen Du, Hai Ba Trung District, Hanoi
Address: 18 Nguyen Du str., Hai Ba Trung dist., Hanoi
Website: http://www.mic.gov.vn

APPLICATION FOR AMENDMENT, SUPPLEMENT / REISSUE

CERTIFICATE OF FREE SALE

REQUEST TO REISSUE CERTIFICATE OF FREE SALE (CFS)

Part 1 Business Entity Information

Section 1Firm/Company/Manufacturer's Information

To comply with the importing country's requirements, [Name of business entity] requests to amend, supplement / reissue the Free Sale Certificate (FSC) for the following goods:

To meet the requirements of the importing country, [firm/company/manufacturer] requests to reissue FSC for the following products:

Part 2 Information on Exported Goods Requesting Amendment, Supplement / Reissuance of FSC

Section 2Product Information

Reason: (Tick the appropriate box)

Reason: (Mark × in the corresponding box)

 

Part 3Business Declaration

Section 3Firm/Company/Manufacturer’s Declaration

I hereby declare that these products comply with Vietnamese standards and quality regulations.

I declare that the kinds of products in this application comply with the standards and quality of Vietnam.

I hereby accept full responsibility under the law for the authenticity of the above information.

I further declare that all information contained in this application form is true and correct as at the date of signing.

 

 

ANNEX III

SAMPLE OF THE FREE SALE CERTIFICATE
(Annexed to Circular No. 21/2020/TT-BTTTT dated September 7, 2020 issued by the Minister of Information and Communications)

CERTIFICATE OF FREE SALE

CERTIFICATE OF FREE SALE

The Ministry of Information and Communications confirms that the goods exported by[Business entity], [production facility address] comply with Vietnamese regulations on standards, quality and are permitted to circulate in Vietnam.

The Ministry of Information and Communications certifies that the following products exported by[Firm/company/manufacturer], [Address] in accordance with Vietnamese regulations on standards, quality and are allowed to be freely sold in Vietnam.

 

Business Entity:
Firm/company/manufacturer:

Fax:
Address:

 

List of Goods:
Products Listing: