Circular No. 63/2010/TT-BNNPTNT guiding the issuance of Free Circulation Certificates for export and import products and goods under the management responsibility of the Ministry of Agriculture and Rural Development.

CIRCULAR

Guidelines for the issuance of Free Circulation Certificates for products and goods exported and imported under the responsibility of management.

 exported and imported under the responsibility of management.

 under the jurisdiction of the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

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

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

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

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

Pursuant to Decision No. 10/2010/QĐ-TTg dated February 10, 2010 of the Prime Minister stipulating Free Circulation Certificates for products and goods exported and imported;

The Ministry of Agriculture and Rural Development hereby guides the issuance of Free Circulation Certificates for products and goods exported and imported under the responsibility of management of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the issuance of the Certificate of Free Sale (CFS) for domestically produced products intended for export and the management of CFS for imported products intended for circulation in Vietnam under the responsibility of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to state administrative agencies, traders, product manufacturers, and organizations and individuals involved in the quality of products and goods in Vietnam under the responsibility of the Ministry of Agriculture and Rural Development.

Article 3. Authority to manage CFS for imported products; issue CFS for exported products

1. The authority to manage CFS for imported products and issue CFS for exported products is specifically stipulated in Appendix I of this Circular.

2. The competent authorities mentioned in Clause 1 of this Article shall be responsible for clearly informing the addresses for registering trader files; the places issuing CFS for exported products, and the places inspecting CFS for imported products.

Chapter II

ISSUANCE OF CFS FOR EXPORTED PRODUCTS AND GOODS

Article 4. Conditions for products and goods to be issued CFS

Domestically produced products intended for export shall be issued CFS when they satisfy the following conditions:

1. There is a request from the exporting trader.

2. They have been confirmed to meet the standards or regulations as prescribed by current laws.

3. Requirements from the importing country's competent authority regarding the issuance of CFS (if the importing country has such requirements).

Article 5. Registration for Issuance of CFS

1. Procedure for registration:

a) Register the trader file with the competent authority issuing CFS in accordance with Article 9 of Decision No. 10/2010/QĐ-TTg dated February 10, 2010 of the Prime Minister.

b) The trader submits the application file for CFS to the competent authority issuing CFS.

2. Application file for CFS includes:

a) A completed and valid application form for CFS (in accordance with Form II.a of this Circular).

b) Certified copies confirming compliance with standards or regulations as prescribed by current laws.

c) Requirements from the importing country's competent authority (if applicable).

3. Submission of the application file:

The applicant sends the application file to the competent authority issuing CFS through direct submission or postal service.

Article 6. Examination of Documents and Issuance of CFS

1. In cases where the documents are incomplete or invalid:

a) For documents sent via postal service: Within no more than two working days from the date of receipt of the application for issuance of CFS, the competent authority issuing CFS shall notify in writing to the applicant specifying the contents that need to be adjusted, supplemented, and completed in the documents.

b) For documents submitted directly: The civil servant receiving the documents shall check the validity of the documents; if they are incomplete or invalid, the documents will be returned along with guidance for individuals or organizations to supplement and complete the documents.

2. In cases where the documents are complete and valid as stipulated in Article 5 of this Circular:

a) The civil servant receiving the documents shall issue a receipt for the documents (for documents submitted directly).

b) Within no more than five working days from the date of receipt of the application for issuance of CFS, the competent authority issuing CFS shall issue the Certificate of Free Sale (CFS) (in accordance with the form prescribed in Appendix III of this Circular or according to the requirements of the importing country). The CFS certificate is valid for a maximum of two years from the date of issuance.

3. In cases where products or goods do not meet the conditions for issuance of CFS as stipulated in Article 4 of this Circular, the competent authority issuing CFS shall notify in writing to the applicant specifying the reasons for not issuing CFS for the requested products.

4. In cases where it is found that the examination based on the documents is insufficient grounds for issuance of CFS or there are signs of violation of laws concerning previously issued CFSs, the competent authority issuing CFS may conduct an inspection at the place of production or designate a qualified conformity assessment organization. Inspection costs shall be borne by the applicant for issuance of CFS.

Article 7. Reissuance of CFS

1. Conditions for reissuance of CFS:

CFS can be reissued in the following cases:

a) The original CFS certificate is still valid but has been lost or misplaced;

b) The original CFS certificate is still valid but is damaged and cannot be used further;

c) When errors are discovered on the CFS due to mistakes made by the applicant for issuance of CFS or by the competent authority issuing CFS.

In cases specified in points b and c of this clause, when reissuing, the previously issued CFS must be recalled.

2. Procedures for reissuance:

a) The applicant for reissuance of CFS submits an application (in accordance with the form in Appendix II.b of this Circular) to the competent authority issuing CFS requesting reissuance of CFS.

b) The competent authority issuing CFS shall notify traders about the reissuance of the CFS certificate when errors are discovered on the CFS due to mistakes made by the competent authority issuing CFS.

3. Examination of documents and reissuance of CFS:

a) Within four working days from the date of receipt of the application for reissuance of CFS, the competent authority issuing CFS shall examine and compare with the original documents kept by the issuing authority:

- Issue a certified true copy of the CFS certificate for cases specified in point a and b of Clause 1 of this Article. This copy must bear the phrase "CERTIFIED TRUE COPY", the date of issuance, and the period of validity according to the original CFS.

- Reissue a new CFS for the case specified in point c of Clause 1 of this Article.

b) In cases where reissuance is not granted, the competent authority issuing CFS shall notify in writing to the applicant the reasons for non-reissuance.

Article 8. Recall of Issued CFS

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

a) Cases already specified in Clause 1 of Article 14 of Decision No. 10/2010/QĐ-TTg dated February 10, 2010, of the Government Prime Minister.

b) CFS issued for products or goods that do not comply with published technical standards.

2. The recall of issued CFS shall be carried out in accordance with Clause 2 of Article 14 of Decision No. 10/2010/QĐ-TTg dated February 10, 2010, of the Government Prime Minister.

Chapter III

MANAGEMENT OF CFS FOR IMPORTED PRODUCTS AND GOODS

Article 9. Requirements for Certificates of Free Sale (CFS) for Imported Products and Goods

1. The CFS issued by the competent authority of the exporting country or territory must contain all the minimum information as prescribed in Clause 2, Article 6 of Decision No. 10/2010/QD-TTg dated February 10, 2010 of the Government's Prime Minister on regulations regarding certificates of free sale for exported and imported products and goods.

2. In cases where there is a requirement from the competent state agency as stipulated in Clause 1, Article 3 of this Circular, the CFS issued by the exporting country or territory must be legalized according to the provisions of the law, except in cases where diplomatic legalization is exempted under international treaties to which Vietnam is a party.

Article 10. Imported Products and Goods Requiring CFS

1. The list of imported products and goods requiring CFS as the basis for the competent state agency to issue import permits or other certificates in accordance with current laws is specified in Appendix IV of this Circular.

2. The use of CFS may be applied to one or more consignments of the same type of imported product in accordance with the provisions of the competent state agency as stipulated in Clause 1, Article 3 of this Circular.

Article 11. Verification of CFS

1. CFS is a component of the application dossier for obtaining import permits or other certificates in accordance with current laws for imported products and goods; it serves as the basis for the competent authority to establish related procedures and management regulations.

2. The competent authorities as stipulated in Clause 1, Article 3 of this Circular shall verify the CFS of imported products and goods as specified in Clause 1, Article 11 of this Circular.

3. In case of doubt about the authenticity of the CFS for imported products and goods or goods not conforming to the CFS, the relevant state agency shall request the issuing authority to provide necessary information to clarify the situation.

4. The state agency has the right to reject the CFS of imported products and goods if the issuing authority of the exporting country confirms that the CFS is not authentic.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of Manufacturers and Importers/Exporters of Products and Goods

1. To comply with the requirements of the competent authority responsible for issuing, verifying, and managing CFS to prove that exported and imported goods meet the CFS regulations.

2. To bear legal responsibility for the accuracy and truthfulness of declarations related to the application for CFS.

3. To bear legal responsibility for the accuracy and truthfulness of the CFS for imported products and goods.

4. To be subject to inspection and verification of declarations and use of CFS in accordance with this Circular and other relevant laws.

Article 13. Responsibilities of Competent Authorities for Verifying and Managing CFS for Imported Products and Goods; Issuing CFS for Exported Products and Goods

1. To take the lead in implementing, promoting, and guiding procedures for issuing CFS for exported products and goods, and managing CFS for imported products and goods within their management authority as stipulated in Article 3 of this Circular.

2. To accept, review, and issue CFS when exported products and goods meet the CFS requirements as stipulated in Article 6 of this Circular.

3. To verify and manage the CFS of imported products and goods as specified in Appendix IV of this Circular.

4. To direct and guide subordinate units assigned to handle the issuance, verification, and management of CFS.

5. To submit annual reports or ad hoc reports (when required) on the status of issuing and verifying CFS for exported and imported products and goods within their management authority to the Directorate of Quality Assurance of Agriculture, Forestry, and Fisheries for consolidation and reporting to the Ministry.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Effective date of implementation

This Circular shall take effect forty-five days from the date of signature.

Article 15. Amendment and supplementation

During the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly reflect them in writing to the Ministry of Agriculture and Rural Development for consideration and amendment./.