Decision No. 865/2004/QĐ-BTM On the issuance of the Rules for issuing Certificate of Origin Model S of Vietnam for goods to enjoy preferential customs duties under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

Pursuant to …;

Regarding the issuance of the Rules on issuing the Vietnam Form S Certificate of Origin for goods to enjoy preferential tariffs under the Agreement on Economic, Cultural, Scientific and Technological Cooperation

to be applied

 between the Government of the Socialist Republic of Vietnam and

the Government of the Lao People's Democratic Republic

____________________

MINISTER OF TRADE

Pursuant to the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on January 16, 2004, in Vientiane;

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

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

Pursuant to …;:

Article 1: The Minister hereby promulgates the Rules on issuing the Vietnam Form S Certificate of Origin for goods to enjoy preferential tariffs under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic which took effect from January 16, 2004.

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3: The Heads of the Office, the Department Heads of the Organization and Cadres Department, the Department Heads of the Import-Export Department, and the Heads of relevant agencies under the Ministry of Trade are responsible for implementing and guiding the implementation of this Decision./.

REGULATIONS

Issuing the Vietnam Form S Certificate of Origin for goods to enjoy preferential

tariffs under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between

the Government of the Socialist Republic of Vietnam and

the Government of the Lao People's Democratic Republic

_____________________

(Issued pursuant to Decision No. 0865/2004/QĐ-BTM,

 dated June 29, 2004, by the Minister of Trade)

I/ GENERAL PROVISIONS:

Article 1: Definitions

The Vietnam Form S Certificate of Origin (hereinafter referred to as the Form S Certificate) is a Certificate of Origin (C/O) issued by the authorized agency delegated by the Ministry of Trade to issue for Vietnamese goods to enjoy preferential treatment under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed in Vientiane on January 16, 2004 (hereinafter referred to as the Vietnam-Laos Agreement).

Article 2: Goods eligible for the Form S Certificate

Goods eligible for the Form S Certificate are those that fully meet the origin criteria stipulated in Appendix 1 of these Rules.

II/ PROCEDURES FOR ISSUING THE FORM S CERTIFICATE:

Article 3: Quantity of a set of Form S Certificates

A set of Form S Certificates includes one (01) original and three (03) copies.

 Article 4: Documents required for applying for the Form S Certificate

The documents required for applying for the Form S Certificate include:

1. The Form S Certificate (according to the common model issued by the Ministry of Trade) completed in accordance with Article 1 of Appendix 3;

2. The Origin Verification Certificate for goods (if required for verification) must comply with the origin regulations stipulated in Appendix 1 of these Rules and issued by the organization conducting the inspection (as specified in Appendix 4);

3. The completed Customs Declaration form;

4. Commercial invoice;

5. Transport document.

In cases where there is no completed Customs Declaration form (but must have a Customs Declaration form signed by the Customs officer receiving the application) and transport document or receipt, the applicant may be allowed to defer submission of these documents but must provide a written commitment to submit them later. The maximum deferral period for these documents is twenty (20) working days from the date of issuance of the Form S Certificate.

The three types of papers (numbers 3, 4, and 5) are certified true copies bearing the signature and stamp 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), while the originals should be available for comparison.

Article 5: Responsibilities of the Applicant for the Issue of Certificate Model S

The applicant for the issue of Certificate Model S shall be fully responsible under the law for the truthfulness of all details declared in the Certificate Model S.

Article 6: Origin Verification for Goods Issued with Certificate Model S

In cases where necessary, the issuing authority may:

a. Request the applicant for the issue of Certificate Model S to provide additional documents required to accurately determine the origin of goods according to the standards of the Vietnam-Laos Agreement;

b. Conduct inspections at the place of production;

c. Re-inspect cases that have already been issued with Certificate Model S.

Article 7: Time Limit for Issuing Certificate Model S

The issuing authority shall be responsible for issuing Certificate Model S within the following time limits from the date of receipt of complete and valid application files:

Two working hours for ordinary cases;

Four working hours for cases specified in Clause a of Article 6;

In cases specified in Clause b of Article 6, the time limit may be extended but not exceeding seven (7) working days.

 Article 8: Issuance of Certificate Model S Afterward

In cases stipulated in Article 18, the issuing authority shall issue Certificate Model S for goods that have been delivered within a period not exceeding one year from the date of delivery. The Certificate Model S issued in this case must clearly state "issued retroactively" in English: "Issued retroactively" on the Certificate Model S.

 Article 9: Reissue of Certificate Model S

In cases where the Certificate Model S is stolen, lost, or damaged, the issuing authority may reissue an official copy of the Certificate Model S and a third copy within fifteen (15) days from the date of receipt of the request for reissue accompanied by a fourth copy (Quadruplicate) of the first issuance, with the phrase "certified true copy" in English written in box number 12: "Certified true copy".

Article 10: Refusal to Issue and Refusal to Reissue Certificate Model S

In cases where goods do not meet the criteria or their origin cannot be accurately determined according to the standards of the Vietnam-Laos Agreement, the issuing authority has the right to refuse to issue the Certificate Model S and must notify the applicant of the specific reasons within the time limit stipulated in Article 8. In cases where the reissue application file does not include a fourth copy of the initial issuance, the issuing authority has the right to refuse to reissue the Certificate Model S and must notify the reapplicant of the specific reasons within the time limit stipulated in Article 10.

 Article 11: Other Matters

Matters not covered in Articles 4 to 11 shall be resolved according to the provisions in Appendix No. 2.

 III/ ORGANIZATION AND MANAGEMENT OF THE ISSUE OF CERTIFICATE MODEL S:

 Article 12: Signatories of Certificate Model S

Only those persons authorized by the Minister of Commerce and registered with their signatures have the right to sign Certificate Model S.

 Article 13: Authorities Issuing Certificate Model S

The issuance of Certificate Model S is carried out by the Regional Import-Export Management Departments located in Hanoi, Haiphong, Da Nang, Ho Chi Minh City, Dong Nai, Binh Duong, Vung Tau, Lang Son, and Quang Ninh, and other authorities authorized by the Ministry of Commerce, and this list may be supplemented by corresponding documents issued by the Ministry of Commerce.

Enterprises have the right to choose among these authorities to apply for the issuance of Certificate Model S in accordance with their production and business conditions.

Article 14: Responsibilities of the Authority Issuing Certificate Model S

The authority issuing Certificate Model S shall be responsible for:

Directing procedures for applying for Certificate Model S;

Examining application files for Certificate Model S;

Approving and issuing Certificate Model S;

Storing application files for Certificate Model S;

Monitoring and inspecting the use of Certificate Model S;

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

IV/ SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS

Article 15: Complaint Resolution Authority

In cases where an applicant is refused issuance or fails to receive issuance or reissuance of Certificate Model S within the time limit specified in Articles 8 and 10, the applicant has the right to file a complaint with the Minister of Commerce within fifteen days from the date of receipt of the refusal decision or the last day of the issuance period stipulated in 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 16: Issuance of Certificate Model S Afterward

In cases where there are errors made by the staff issuing Certificate Model S or due to force majeure circumstances of the applicant, the issuing authority may issue Certificate Model S after shipment according to the provisions of Article 9.

 Article 17: Revocation of Certificate Model S

After issuing Certificate Model S, the issuing authority shall be responsible, together with relevant authorities, for continuing to monitor and supervise the use of Certificate Model S by the recipient. If there are sufficient grounds to determine that there are violations of the regulations on the issuance and use of Certificate Model S, the issuing authority has the right to revoke the issued Certificate Model S.

Article 18: Lead Agency for Complaint Resolution

The Import-Export Department is the lead agency assisting the Minister of Commerce in resolving complaints from foreign and/or domestic sources. The issuing authority involved in the complaint shall be responsible for explaining to the Import-Export Department and/or the Minister of Commerce.

Article 19: Administrative Sanctions for Violations

Any fraudulent acts during the issuance and use of Certificate Model S will be subject to administrative sanctions or prosecution depending on the severity of the violation.