Title: Circular 10/2009/TT-BCT on Implementation of the rules of origin provided in the agreement between Vietnam and Japan for an economic partnership

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: General Department of Vietnam Customs

Issuing Date: 18-05-2009

 

Interpretation of terms

1. The Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership (below referred to as the VJEP Agreement) is an agreement concluded on December 25. 2008. in Tokyo. Japan.

2. Certificate of origin, form VJ. (below referred to as C/O) means a C/O issued by a C/O issuer to export goods satisfying the requirements specified in this Circular.

3. Vietnamese issuer of C/O, form VJ (below referred to as C/O issuer) means organizations specified in Annex 12 to this Circular.

4. Applicant for C/O. form VJ (below referred to as C/O applicant), means an exporter, producer or representative with a lawful power of attorney of an exporter or producer.

5. eCOSys means Vietnam's electronic system for management and issuance of certificates of origin, with the website address of http://www.ecosys.gov.vn.

6. Contracting parties mean Vietnam and Japan.

Goods eligible for C/O issuance

Goods eligible for C/O issuance means originating goods specified in Annex 1 to this Circular.

 

PROCEDURES FOR C/O ISSUANCE

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 11):

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 10).

2. Before the 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 even in case of no change.

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 9), which has been fully and duly filled in as guided in Annex 8;

b/ The C/O form (Annex 6). which has been fully filled in;

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

d/ The commercial invoice;

dd/ The bill of lading or equivalent document in case the trader has no bill of lading. When a back-to-back C/O is issued for the whole goods lot or part of the goods lot brought from a non-tariff zone into the domestic market, that document may be exempted if the trader does not actually hold it.

In case the customs declaration of export goods for which customs procedures have been completed and the bill of lading (or an equivalent document) are unavailable 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); trading contract; value-added invoices for trading 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 goods (for change in tariff classification (CTC) criteria or good manufacturing or processing operation criteria); or calculation of the regional value content (RVC) (for RVC criteria); and other documents for evidencing the origin of export goods.

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 traders' representatives at law or authorized persons, may be provided along 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 the 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 the eCOSys to applying traders for submission of complete written dossiers to C/O issuers for comparison before issuing C/O.

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