Title: Circular 04/2010/TT-BCT on implementation of the rules of origin provided in the agreement between the MOIT of Vietnam and MOIT of Laos on rules of origin applicable to goods eligible for Vietnam-Laos preferential import tariff treatment

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 25-01-2010

 

Registration of trade dossiers

1. C/O applicants may be considered for C/O issuance at places where they have registered trader dossiers only after they have completed trader dossier registration procedures. A trader dossier comprises:

a/ Registration of the specimen signature of the person authorized to sign the C/O application and the specimen seal of the trader (Annex 9, not printed herein);

b/ Business registration certificate of the trader (a certified true copy);

c/ Tax identification number registration certificate (a certified true copy);

d/ A list of production establishments (if any) of the trader (Annex 8, not printed herein).

2. Before C/O application, any change in the trader dossier shall be notified to the C/O issuer with which this dossier has been registered. A trader dossier shall be updated once every two (2) years.

3. In case of a force majeure circumstance or for a plausible reason, if wishing to get a C/O issued by another C/O issuer in a locality other than that where it has registered its trader dossier, a C/O applicant shall provide plausible reasons in writing for the non-application for a C/O in the locality where it has registered its trader dossier, and register its trader dossier with the new C/O issuer.

C/O application dossiers

1. A C/O application dossier comprises:

a/ A C/O application form (Annex 7, not printed herein), which has been fully and duly filled in as guided in Annex 6 (not printed herein);

b/ The C/O form (Annex 5), which has been fully filled in;

c/ A customs declaration for which customs procedures have been completed. For cases in which export goods are not subject to customs declaration under law, this declaration is not required;

d/ The commercial invoice;

e/ The bill of lading or equivalent document in case the trader has no bill of lading.

In case the customs declaration for which customs procedures have been completed and the bill of lading (or an equivalent document) are not available yet, the C/O applicant may submit these documents later but within fifteen (15) working days after the date of C/O issuance.

2. When finding it necessary, the C/O issuer may request the C/O applicant to supply additional documents related to export goods, such as customs declaration of imported materials and auxiliary materials; export permit (if any); purchase and sale contract; value-added invoices for purchase and sale of domestic materials and auxiliary materials; samples of materials and auxiliary materials or export goods; description of the manufacturing process with HS headings of input materials and products (for change in tariff classification (CTC) criterion or good manufacturing or processing operation criterion); or calculation of the local value content (LVC) (for LVC criterion); and other documents for evidencing the origin of export products.

3. For documents specified at Point c, d and e of Clause 1, and Clause 2, their copies bearing the signatures and true-copy stamps of heads or traders' representatives at law or authorized persons, may be provided together with their originals for comparison at the request of C/O issuers when necessary.

4. For traders joining the eCOSys, their persons authorized to sign C/O applications shall declare data via eCOSys, give their e-signatures and automatically transmit them to C/O issuers. After examining application dossiers on the eCOSys, if agreeing to issue C/O, C/O issuers shall notify such via eCOSys to applying traders for submission of complete written dossiers to C/O issuers for comparison before issuing C/O.

Receipt of C/O application dossiers

When C/O applicants file their dossiers, record officers shall receive and examine these dossiers, then notify C/O applicants in receipt or other written forms of one of the following actions:

1. Issuance of C/O under Article 8;

2. Request for supplementation of documents under Article 6;

3. Refusal to issue C/O when detecting that:

a/ C/O applicants fail to register trader dossiers under Article 5;

b/ C/O application dossiers are inaccurate or incomplete as required in Article 6;

c/ C/O applicants fail to submit documents they lack under Article 6;

d/ Dossiers contain contradictory details;

e/ C/O application dossiers are filed with offices other than those with which trader dossiers have been registered;

f/ C/O forms are filled in by handwriting, or erased or improperly modified, or unreadable, or printed in multicolor inks;

g/ There are lawful grounds to evidence that goods are non-originating under this Circular or C/O applicants have committed fraudulent or dishonest acts in demonstrating the origin of their goods.

Issuance of C/O

1. A C/O shall be issued within three (3) working days after the C/O applicant files a complete and valid dossier, except for cases specified in Clause 2 of this Article.

2. C/O issuers may conduct verification at production establishments if they see that the dossier examination provides insufficient grounds for C/O issuance or when they detect signs of illegal acts in connection to previously issued C/O. Verifiers of C/O issuers shall make minutes of verification results and request C/O applicants and/or exporters to jointly sign these minutes. In case C/O applicants and/or exporters refuse to sign these minutes, verifiers shall write the reasons for such refusal in the minutes and sign them for certification.

The time limit for issuing or refusing to issue a C/O in this case is five (5) working days after the C/O applicant files a complete dossier.

3. In the course of consideration for C/O issuance, if detecting goods that fail to satisfy requirements of origin or C/O application dossiers which are incomplete or invalid. C/O issuers shall notify such to C/O applicants under Clause 2 or Clause 3, Article 7.

4. The verification must not impede the delivery of goods or payment by exporters, except for cases in which exporters are at fault.

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