Title: Circular 15/2010/TT-BCT on implementation of the rules of origin provided in the ASEAN-India free trade area agreement

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 14-04-2010

 

Responsibilities of C/O applicants C/O applicants shall:

1. Register trader dossiers with C/O issuers under Article 5;

2. Submit C/O application dossiers to C/O issuers;

3. Prove that their exports satisfy all origin requirements and facilitate the verification of the origin of these goods by C/O issuers;

4. Take responsibility before law for the accuracy and truthfulness of their declarations related to C/O applications, including cases of authorization by exporters;

5. Promptly report to C/O issuers at which traders have filed C/O applications on C/O issued by Vietnamese C/O issuers which are rejected by importing countries (if any);

6. Facilitate the verification by C/O issuers at production establishments or places where exports are raised, grown, harvested and processed;

7. Prove the authenticity of the origin of exported goods at the request of the Ministry of Industry and Trade. C/O issuers or customs offices of Vietnam or importing countries.

 

PROCEDURES FOR C/O ISSUANCE

Registration of trader dossiers

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

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

b/The trader's business registration certificate (a certified true copy);

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

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

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.

3. In case of a force majeure circumstance or for a plausible reason, if wishing to- get a C/O issued by a C/O issuer different from that with which it has registered the trader dossier, a C/O applicant shall provide written plausible reasons for the non-application at the C/O issuer with which it has registered the trader dossier, and register the trader dossier with the new C/O issuer.

C/O application dossier

1. A C/O application dossier comprises:

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

b/ The C/O form (Annex 5, not printed herein) which has been fully filled in;

c/ The customs declaration for which customs procedures have been completed. This declaration is not required for exports which are not subject to customs declaration under law;

d/ The commercial invoice;

e/ 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, this document may be exempted if the trader does not actually hold it.

Pending the availability of the customs declaration for which customs procedures have been completed and the bill of lading (or any document-equivalent to bill of lading), the C/O applicant submit these documents later within fifteen (1ST'working days after the date of receipt of C/O.

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

3. The papers specified at Points c, d and e of Clause 1 in Clause 2 may be copies bearing the signature and true-copy stamps of traders' representatives at law or authorized persons, together with their originals for comparison at the request of C/O issuers when necessary.

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

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