Thông tư 28/2009/TT-BCT

CIRCULAR

ON THE CERTIFICATION OF TARIFF RATE QUOTAS FOR NATURAL HONEY IMPORTED INTO JAPAN UNDER THE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND JAPAN FOR AN ECONOMIC PARTNERSHIP

THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership, which was signed on December 25, 2008, in Tokyo, Japan;
The Ministry of Industry and Trade provides for the certification of tariff rate quotas for natural honey exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership as follows:

Article 1. Scope of regulation

This Circular governs the certification of tariff rate quota certificates of natural honey (HS classification number 0409.00.00) exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership.

Article 2. Subject of application

This Circular applies to exporters of natural honey to Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership, competent state agencies and concerned organizations and individuals.

Article 3. Agency certifying tariff rate quota certificates

The agency which certifies tariff rate quota certificates at the request of exporters is the Import and Export Department of the Ministry of Industry and Trade.

Article 4. Contents of tariff rate quota certificates

Tariff rate quota certificates shall be printed in English on white A4 paper and contain at least the following details:

- Reference number:

- Name and address of exporter;

- Name and address of importer;

- Description of goods;

- HS classification number;

- Quantity of goods (stating the unit of measurement);

- Validity of the certificate (effective date/ expiry date); and.

- Certification by the Import and Export Department of the Ministry of Industry and Trade.

The form of tariff rate quota certificate is provided in Appendix 1 to this Circular (not printed herein).

Article 5. Validity of tariff rate quota certificates

A tariff rate quota certificate will be valid from the date of certification through March 31 next year.

Article 6. Principles on certification of tariff rate quota certificates

1. Traders who wish to enjoy Japan’s VJEPA preferential tax for Vietnam under the tariff rate quotas for natural honey exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership shall submit dossiers to the Ministry of Industry and Trade for certification.

2. Based on the annual tariff rate quotas accorded by Japan for Vietnam prescribed in Appendix 2 to this Circular and the date of receipt of the registration for certification, tariff rate quota certificates of exporters shall be certified on the first come-first served principle. For the quantity of natural honey registered for export under tariff rate quotas in excess of the remaining quotas of the year, the Ministry of Industry and Trade shall make certification according to the remaining quota volume.

Article 7. Dossiers of application for certification

1. A dossier of application for tariff rate quota certification comprises:

a/ A registration, made according to the form provided in Appendix 3 to this Circular (not printed herein);

b/ A copy of the customs declaration already cleared from customs procedures;

c/ A copy of the C/O, form VJ, appended with a certification stamp by a C/O certifying organization.

2. If the applicant for tariff rate quota certification has not yet obtained the exported goods customs declaration already cleared from customs procedures and a copy of C/O, form VJ, he/she may submit these papers later within 15 working days after the date of certification of the tariff rate quota certificate.

3. In case enterprises fail to submit papers specified in Clause 2 of this Article, the Ministry of Industry and Trade shall notify and request Japan not to grant tariff rate quota certificates to importers in Japan.

Article 8. Receipt of dossiers of application for certification

When an applicant for certification of a tariff rate quota certificate submits the dossier, the receiving official shall examine the dossier and perform the following jobs:

1. Issuing a receipt notifying the applicant that his/her tariff rate quota certificate will be considered and certified in case of availability of quota as prescribed in Appendix 2 to this Circular. The time limit for certification complies with Article 9 and shall be indicated in the receipt;

2. Requesting the applicant to supplement vouchers, in case the dossier is incomplete as prescribed in Article 7. After the applicant supplies adequate valid vouchers, the receiving official shall perform the job defined in Clause 1 of this Article;

3. Refusing to certify the tariff rate quota certificate, in case of unavailability of quota prescribed in Appendix 2.

Article 9. Certification of tariff rate quota certificates

1. The Ministry of Industry and Trade shall certify the tariff rate quota certificate within three (3) working days after the receipt of a valid dossier.

2. In case of refusal to make certification, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason.

Article 10. Re-certification of tariff rate quota certificates which are torn, lost or damaged

In case a tariff rate quota certificate is torn, lost or damaged, traders may send to the certifying agency a written request for certification of a certified copy of that original certificate. The certifying organization shall certify the copy of the tariff rate quota certificate on the basis of export vouchers kept at its office. The copy of the tariff rate quota certificate must be written with the phrase "CERTIFIED TRUE COPY" in the "REMARK" column. It will bear the certification date of the original. This certified copy may be certified before the expiry date of the original certificate.

Article 11. Return of tariff rate quota certificates due to failure to conduct exportation

In case traders do not use the certified tariff rate quota certificate because they fail to export the goods lot for which a tariff rate quota certificate has been applied or the exported goods lot is returned to Vietnam, traders shall return the certified tariff rate quota certificate to the certifying organization.

Article 12. Publicization of the allocation of tariff rate quotas on the Industry and Trade Ministry's website

Information on the allocation of tariff rate quotas for natural honey exported to Japan undei the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership shall be published on the Industry and Trade Ministry's website www.moit.gov.vn

Article 13. Implementation provision

This Circular takes effect 45 days from the date of its signing.

APPENDIX 2

TARIFF RATE QUOTAS FOR THE EXPORT OF NATURAL HONEY TO JAPAN UNDER THE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND JAPAN FOR AN ECONOMIC PARTNERSHIP
(To Circular No. 28/2009/TT-BTC of September 28, 2009, on the certification of tariff rate quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership)