Decision No. 416/TM-DB Issuing the Regulation on Issuing ASEAN Origin Certificates of Vietnam - Model D to Enjoy Preferential Treatment under the "ASEAN Framework Agreement on Mutual Recognition of Origin Certificates (CEPT)"

Pursuant to …;

OF THE MINISTER OF TRADE

NUMBER 416/TM-DB
DATE 13 MAY 1996

THE MINISTER OF TRADE

WHEREAS Decree No. 95/CP dated December 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

WHEREAS Decision No. 651/TTg dated October 10, 1995 of the Prime Minister on the establishment of the National Committee to Coordinate Vietnam's Activities in ASEAN;

WHEREAS Circular No. 356/VPUB dated January 22, 1996 of the Government on the designation of the agency issuing certificates of origin for goods under the CEPT Agreement;

AT THE PROPOSAL OF THE HEAD OF THE ORGANIZATION AND PERSONNEL DEPARTMENT, THE HEAD OF THE MULTILATERAL TRADE POLICY DEPARTMENT;

DECIDES;

Article 1. ATTACHING HERETO THE REGULATIONS ON ISSUANCE OF ASEAN CERTIFICATE OF ORIGIN MODEL D OF VIETNAM FOR ENJOYING BENEFITS UNDER THE "AGREEMENT ON THE PROGRAMME OF PREFERENTIAL TARIFFS WITH COMMON EFFECTIVENESS (CEPT)";

Article 2. This Decision takes effect from the date of signature.

Article 3. THE DIRECTOR OF THE OFFICE, THE HEAD OF THE ORGANIZATION AND PERSONNEL DEPARTMENT, THE HEAD OF THE MULTILATERAL TRADE POLICY DEPARTMENT, THE HEADS OF THE AGENCIES CONCERNED UNDER THE MINISTRY OF TRADE SHALL BE RESPONSIBLE FOR IMPLEMENTATION AND GUIDANCE IN THE IMPLEMENTATION OF THIS DECISION.

REGULATIONS

REGULATIONS ON ISSUANCE OF ASEAN CERTIFICATE OF ORIGIN MODEL D OF VIETNAM FOR ENJOYING BENEFITS UNDER THE "AGREEMENT ON THE PROGRAMME OF PREFERENTIAL TARIFFS WITH COMMON EFFECTIVENESS (CEPT)"

(ATTACHED TO DECISION NO. 416/TM-DB
DATED MAY 13, 1996 OF THE MINISTER OF TRADE)

1. These regulations guide the screening of HIV testing for blood transfusion, blood product transfusion, and the implementation of assisted reproductive techniques and organ transplantation at state-owned, private, and public health facilities (hereinafter referred to as health facilities).

Article 1. Definitions:

The ASEAN Certificate of Origin Model D of Vietnam (hereinafter referred to as the Model D certificate) is a certificate of origin issued by the Regional Import-Export Management Office of the Ministry of Trade for Vietnamese goods to enjoy benefits under the "Agreement on the Programme of Preferential Tariffs with Common Effectiveness (CEPT) for the Establishment of the ASEAN Free Trade Area (AFTA)" (hereinafter referred to as the CEPT Agreement).

The CEPT Agreement is an international agreement between the member countries of ASEAN that Vietnam has signed and joined in Bangkok, Thailand on December 15, 1995 and implemented from January 1, 1996.

Article 2. Goods eligible for issuance of the Model D certificate:

Goods eligible for issuance of the Model D certificate are those that fully meet the conditions regarding origin specified in the CEPT Agreement (as reflected in Appendix 1 of these Regulations).

Article 3. Every organization or individual (hereinafter referred to as the applicant for the Model D certificate) shall be responsible for facilitating the Regional Import-Export Management Offices in accurately determining the origin of their goods.

II. PROCEDURE FOR ISSUANCE OF THE MODEL D CERTIFICATE:

Article 4. The Model D certificate issued includes one (01) original and three (03) copies.

Article 5. The application dossier for the Model D certificate consists of:

1. The Model D certificate (according to the common form issued by the Ministry of Trade) completed in accordance with Article 1 of Appendix 3;

2. The Certificate of Origin Verification (if required) must comply with the regulations on origin set out in Appendix 1 of these Regulations and be issued by the Import-Export Goods Inspection Company under the Ministry of Trade (as stipulated in Appendix 4);

3. The customs declaration form which has been settled;

4. Commercial invoice;

5. Transport document.

The three types of papers (numbers 3, 4, 5) are certified copies bearing the signature and stamp of confirmation of the head of the unit (if it is an organization) or the signature and stamp of the notary office (if it is an individual), and the originals must be brought along for verification.

Article 6. The applicant for the Model D certificate shall bear full responsibility under the law for the truthfulness of all details declared in the Model D certificate.

Article 7. In cases where necessary, the Regional Import-Export Management Office may:

a. Require the applicant for the Model D certificate to provide additional documents necessary to accurately determine the origin of the goods according to the standards of the CEPT Agreement;

b. Conduct inspections at the place of production;

c. Re-inspect cases that have already been issued the Model D certificate.

Article 8. Time limit for issuance of the Model D certificate:

The Regional Import-Export Management Office shall be responsible for issuing the Model D certificate within the following time limits, counted from the date of receipt of a complete and valid application dossier for the Model D certificate:

- Twelve working hours for ordinary cases;

- Twenty-four working hours for cases specified in Clause a, Article 7;

- In cases specified in Clause b, Article 7, the time limit may be extended but shall not exceed fifteen working days.

Article 9. In cases specified in Article 18, the Regional Import-Export Management Office shall issue the Model D certificate for goods delivered within a period not exceeding one year from the date of delivery. The Model D certificate issued in such cases must clearly state "issued retrospectively" in English: "Issued retroactively" and enter this information in Box 12 of the Model D certificate.

Article 10. In cases where the Model D certificate is lost, stolen, or damaged, the Regional Import-Export Management Office may issue an official copy of the Model D certificate and the third copy within fifteen days from the date of receipt of the application for reissue accompanied by the fourth copy (Quadruplicate) of the first issuance, with the entry in Box 12 stating "true copy" in English: "Certified true copy".

Article 11. In cases where the goods do not meet the criteria or cannot be accurately determined according to the standards of the CEPT Agreement, or if the application for reissue does not include the fourth copy of the first issuance, the Regional Import-Export Management Office has the right to refuse issuance of the Model D certificate and must notify the applicant of the reasons in the time frame specified in Articles 8 and 10.

Article 12. Matters not covered in Articles 4 to 11 shall be resolved according to the provisions of ASEAN in Appendix 2.

III. ORGANIZATION AND MANAGEMENT OF THE ISSUANCE OF PERMITS:

Article 13. Only persons authorized by the Minister of Trade and registered with their signatures have the authority to issue the Model D certificate.

Article 14. The issuance of the Model D certificate is carried out by the Regional Import-Export Management Offices located in Hanoi, Haiphong, Da Nang, Nha Trang, Ho Chi Minh City, and Can Tho.

Article 15.

1. The Regional Import-Export Management Office located in Hanoi is responsible for issuing the Model D certificate to applicants whose business headquarters are located in the areas north of Ha Tinh (excluding the four provinces listed in Point 2 below).

2. The Export-Import Management Office located in Haiphong shall be responsible for issuing Certificate Model D to applicants whose business offices are located in Thai Binh, Hai Hung, Haiphong, and Quang Ninh.

3. The Export-Import Management Office located in Da Nang shall be responsible for issuing Certificate Model D to applicants whose business offices are located in Quang Binh, Quang Tri, Thua Thien-Hue, Quang Nam-Da Nang, Quang Ngai, and Binh Dinh.

4. The Export-Import Management Office located in Nha Trang shall be responsible for issuing Certificate Model D to applicants whose business offices are located in Phu Yen, Khanh Hoa, Gia Lai, Kon Tum, Dak Lak.

5. The Export-Import Management Office located in Ho Chi Minh City shall be responsible for issuing Certificate Model D to applicants whose business offices are located in areas from Ninh Thuan, Lam Dong, Song Be, and further south (excluding the seven provinces listed in Point 6).

6. The Export-Import Management Office located in Can Tho shall be responsible for issuing Certificate Model D to applicants whose business offices are located in Tra Vinh, Soc Trang, Vinh Long, An Giang, Can Tho, Minh Hai, and Kien Giang.

Article 16. The Export-Import Management Offices issuing Certificate Model D shall be responsible for:

- Guiding procedures for applying for Certificate Model D;

- Reviewing application files for Certificate Model D;

- Approving and issuing Certificate Model D;

- Storing application files for Certificate Model D;

- Monitoring and inspecting the use of Certificate Model D;

- Reporting issues related to the issuance and use of Certificate Model D.

IV. SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS:

Article 17. In case of refusal to issue or failure to issue new or renewed Certificate Model D within the time limit specified in Article 8 and Article 10, the applicant for Certificate Model D has the right to lodge a complaint with the Minister of Commerce within fifteen days from the date of receipt of the decision refusing to issue Certificate Model D or the last day of the issuance period under Article 8. The Minister of Commerce shall be responsible for resolving the complaint within five days from the date of receipt of the complaint. The decision of the Minister of Commerce is final.

Article 18. In cases where there are errors made by the staff issuing Certificate Model D or due to force majeure situations of the applicant for Certificate Model D, the Export-Import Management Office issuing Certificate Model D shall handle the matter according to the provisions of Article 9 after delivering the goods.

Article 19. After issuing Certificate Model D, the Export-Import Management Office shall be responsible, together with relevant agencies, for continuing to monitor and supervise the use of Certificate Model D by the consignors. If there is sufficient evidence to determine that there is a violation of the regulations on the issuance and use of Certificate Model D, the Export-Import Management Office has the authority to revoke the issued Certificate Model D.

Article 20. The Multilateral Trade Policy Department shall act as the focal point to assist the Minister of Commerce in settling complaints from foreign and/or domestic sources. The Export-Import Management Office involved in such complaints shall be responsible for explaining to the Multilateral Trade Policy Department and/or the Minister of Commerce.

Article 21. Any fraudulent acts during the issuance and use of Certificate Model D shall be subject to administrative penalties or prosecution, depending on the severity of the offense.

V. FINAL PROVISIONS:

Article 22. Certificate Model D shall be issued to all organizations and individuals who have exported goods since January 1, 1996 if the exported goods comply with the origin requirements set forth in this Regulation.