Decision No. 35/2008/QD-BCT On issuing certificates of origin for textile and garment products exported to the United States

Pursuant to …;

Regarding the issuance of certificates of origin for textile and garment products exported to the United Statesfor certain categories of export goods

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THE MINISTER OF INDUSTRY AND TRADE

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;

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;

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

At the proposal of the Director of the Department of Import-Export.

DECISION:

Article 1. All textile and garment consignments exported to the United States belonging to categories (Cat.) 338, 339, 340, 341, 345, 347, 348, 351, 352 must go through the procedure for issuing Certificates of Origin (hereinafter referred to as C/O).

Article 2. The registration and procedures for issuing C/O shall be carried out at the C/O Issuing Units of the Vietnam Chamber of Commerce and Industry (VCCI).

Article 3. The issuance of C/O shall not exceed four working hours from the time the C/O Issuing Units receive complete and valid files. The procedures for issuing C/O shall be conducted in accordance with current regulations and guidance provided by VCCI.

Article 4. When exporting the categories specified in Article 1 above, customs authorities shall check the export files according to current regulations, and simultaneously verify the C/O (original copy) or the data on the issuance of C/O transmitted daily by VCCI.

In exceptional cases, traders may delay the submission of C/O but not more than twenty days from the date of registering the customs declaration for exported goods.

For consignments that have been issued C/O but not exported within thirty days from the date of issuance, traders must return the C/O to the place where it was issued for cancellation.

For consignments that have been exported but do not match the declarations made on the issued C/O, within thirty days from the date of issuance, traders must return the issued C/O and apply for reissuance of C/O.

Within thirty days from the date of issuance of C/O, traders must submit the customs declaration for exported goods (a certified true copy bearing the signature of an authorized person and the stamp of certification) to the C/O Issuing Units.

If traders fail to comply with the procedures stipulated herein, they will not be issued C/O for subsequent consignments belonging to the categories specified in Article 1.

Article 5. On a daily basis, VCCI transmits data on the issuance of C/O to the General Department of Customs for customs authorities to use as a basis for verification and clearance of exports. Every Monday, the General Department of Customs informs VCCI about consignments of the categories specified in Article 1 that have registered customs declarations but have not been exported.

Article 6. The Vietnam Textile and Apparel Association (VITAS) is responsible for providing information on the production capacity of traders, average unit prices of the categories to assist customs and VCCI in promptly preventing fraudulent trade practices. Upon discovering traders exporting quantities far exceeding their production capacity, consignments with abnormally low unit prices, or consignments assembled from imported semi-finished products, the Mobile Inspection Team for Textiles and Garments (under the Ministry of Industry and Trade) shall take prompt inspection measures and recommend appropriate actions.

Article 7. This Decision shall take effect for consignments with export declarations from November 1, 2008, and shall expire on July 1, 2009.

Article 8. The Head of the Office of the Ministry, the Director of the Department of Import-Export, Heads of units under the Ministry, traders, and related agencies and individuals are responsible for implementing this Decision./.