Quyết định 1375/1999/QD-BTM

DECISION

PROMULGATING THE REGULATION ON ISSUANCE OF EXPORT CERTIFICATES AND FORM A - CERTIFICATES OF ORIGIN TO FOOTWEAR EXPORTED TO THE EU MARKET

THE MINISTER OF TRADE

Pursuant to the Government’s Decree No.95/CP of December 4, 1993 stipulating the functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the Agreement between Vietnam and the European Union (EU) on combat against frauds in the footwear export;
Pursuant to the Prime Minister’s decision assigning the Ministry of Trade to issue export certificates and Form A - certificates of origin to footwear to be exported to the EU market in Official Dispatch No.707/CP-QHQT of July 12, 1999,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on issuance of export certificates (E/C) and Form A - certificates of origin (C/O Form A) to footwear exported to the market of the member countries of the European Union (abbreviated to the EU).

Article 2.- This Decision takes effect as from January 1st, 2000.

Article 3.- The functional bodies of the Ministry of Trade, the concerned ministries and branches, and the enterprises engaged in the manufacture of and trading in footwear to be exported to the EU shall have to implement this Decision.

REGULATION

ON ISSUANCE OF EXPORT CERTIFICATES (E/C) AND FORM A CERTIFICATES OF ORIGIN (C/O FORM A) TO FOOT-WEAR EXPORTED TO THE EU MARKET
(Promulgated together with the Trade Minister’s Decision No. 1375/1999/QD/BTM of November 23, 1999)

I. GENERAL PRINCIPLES

1. The issuance of export certificate (abbreviated to E/C) and Form A certificate of origin (abbreviated to C/O Form A) to footwear exported to the market of the member countries of the European Union (abbreviated to the EU) shall be effected on the basis of provisions of the Vietnam - EU bilateral agreement and regulations of the EU’s General System of Preferences (GSP) regarding C/O Form A for such goods item.

2. Units applying for E/C and C/O Form A for footwear shall have to carefully study and fully comply with provisions of the Vietnam-EU bilateral agreement and the EU’s regulations on origin in order to enjoy the GSP’s preferences.

3. The issuance of E/C and C/O Form A to footwear exported to the EU shall be conducted by the Trade Ministry’s regional export and import management bureaus based in Hanoi, Hai Phong, Da Nang, Nha Trang, Quy Nhon, Ho Chi Minh City, Vung Tau and Can Tho cities or provinces. Enterprises may choose places to obtain E/C and C/O Form A, which are most appropriate and convenient for them.

II. DOSSIERS APPLYING FOR EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN

1. Export certificates (E/C) shall be automatically issued to all lots of footwear manufactured and/or processed in Vietnam and exported to the EU. Any unit that manufactures, processes and/or trades in footwear exported to the EU shall have to send in only a written request for the issuance of export certificate (made according to the form set by the Ministry of Trade) enclosed with the already settled customs declaration of export goods and trade invoice(s), and fill all details of the export certificate.

2. Any unit that manufactures, processes and/or trades in footwear exported to the EU and wishes to be granted C/O Form A under the EU’s General System of Preferences (GSP) shall have to produce a dossier set comprising the following documents:

(1) A written request for C/O Form A (made according to the form set by the Ministry of Trade);

(2) C/O Form A compatible with the EU’s regulations on origin with regard to footwear, already completely filled;

(3) The already liquidated customs export goods declaration;

(4) Trade invoice of the exported lot;

(5) Bill of lading (B/L) of the exported lot;

In cases where enterprises deliver goods by air or in case of irremediable objective circumstances, the export and import management bureaus may base themselves on the commitments of the enterprises’ leadership to allow such enterprises to delay producing airway bills (AWB) or B/L within 7 working days.

In cases where it is necessary to clarify the goods origin, the Ministry of Trade may request the concerned units to supply more documents related to their goods lots, such as: customs declarations on imported raw materials and auxiliary materials, goods purchase and sale contracts with foreign traders, contracts or invoices for purchase of raw materials and auxiliary materials, etc. In case of necessity, the Ministry of Trade shall conduct inspections at the manufacturing places to verify whether or not such goods are in conformity with the EU’s regulations on origin for preferences before granting form A certificates of origin.

In cases where a unit applies for both export certificate and certificate of origin form A, only one dossier set made according to Point 2, Section II on the granting of form A certificate of origin, is required.

III. TIME LIMITS FOR GRANTING EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN FORM A

The granting of export certificate shall be effected within 4 working hours from the time of receiving the unit’s written request. The granting of Form A certificate of origin shall be effected within 8 working hours from the time the unit submits the complete and valid dossier. In cases where it is necessary to clarify the goods origin, such time limit may be extended but must not exceed 3 working days.

IV. KEEPING OF DOSSIERS

To meet the reference needs, the Ministry of Trade shall, after granting export certificates and Form A certificates of origin, keep the following documents:

1. Written requests for export certificates and Form A certificates of origin;

2. Copies of export certificates;

3. Copies of Form A certificates of origin;

4. Copies of trade invoices of goods lots;

5. Copies of customs export goods declarations;

6. Copies of bills of lading of exported goods lots.

In case of necessity, the Ministry of Trade may keep other documents such as: copies of the customs declarations on imported raw materials and auxiliary materials, copies of the invoices or contracts for purchase of raw materials and auxiliary materials in the country...

V. RE-GRANTING

In cases where an already granted export certificate or Form A certificate of origin is lost or the goods lot is re-divided,... the Ministry of Trade may re-grant the export certificate or certificate of origin if the following conditions are met:

- The unit applying for re-granting must clearly state the reason(s) therefor.

- It commits itself not to abuse the re-granted export certificate and Form A certificate of origin and to bear all liabilities arising from the misuse thereof.

- In cases where changes arise after the export certificate and certificate of origin are granted and the exporter wishes to apply for re-granting of export certificate and Form A certificate of origin, it shall have to send an official dispatch clearly stating the reasons therefor and return the originals of the already granted export certificate and Form A certificate of origin.

VI. Inspection and verification when there are requests or complaints from customs office of the importing country

After receiving the Ministry of Trade’s notices of inspections to be conducted at the requests of the importing countries’ customs offices, the concerned units shall have to explain and supply necessary relevant documents as soon as possible, in order to clarify the origins of export goods.

In case of necessity, depending on the importance and complexity of the arising matters, the Ministry of Trade may request on-spot inspections of export products, including: direct inspection of products and inspection of manufacture process at production workshops.

VII. FEES

In order to supplement the export and import management bureaus’ material facilities with a view to better serving enterprises, pending an agreement with the Ministry of Finance, the Ministry of Trade temporarily prescribes the following fee levels for granting of export certificate and Form A certificate of origin:

1. Export certificate: 10,000 VND

2. Form A certificate of origin: 15,000 VND

3. Re-granting: 5,000 VND

Printed E/C and C/O Form A forms shall be sold to enterprises at the prices set on the basis of printing costs in the country or purchasing prices from foreign countries.

The collection and payment of fees and sale of printed forms shall be conducted before the delivery of export certificates and Form A certificates of origin to enterprises and must be evidenced by vouchers as prescribed by the Ministry of Finance.

This Regulation takes effect as from January 1st, 2000.-