Quyết định 35/2008/QD-BCT

DECISION

ON THE GRANT OF CERTIFICATES OF ORIGIN FOR A NUMBER OF CATEGORIES OF TEXTILES AND GARMENTS TO BE EXPORTED TO THE US

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Governments Decree No. 189/2007/ND-CP dated December 27, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Governments Decree No. l9/2006/ND-CP dated February 20, 2006, detailing the Commercial Law regarding goods origin;
Pursuant to the Trade Ministrys Circular No. 07/2006/TT-BTM dated April 17, 2006, on guidance and management of the grant of certificates of origin according to the Governments Decree No. 19/2006/ND-CP dated February 20, 2006, detailing the Commercial Law regarding goods origin;
At the proposal of the director of the Import and Export Department,

DECIDES:

Article 1.

- Exporters of all textile and garment lots of categories 338, 339, 340, 341, 345, 348, 351 and 352 to the US shall carry out procedures for the grant of certificates of origin (below referred to as C/O).

Article 2.

- The registration and performance of procedures for the grant of C/O shall be carried out at C/O granting teams of the Vietnam Chamber of Commerce and industry (VCCI).

Article 3.

- C/O shall be granted within 4 working hours after C/O granting teams receive complete and valid dossiers. C/O granting procedures shall be performed according to current regulations and VCCI'S guidance.

Article 4.

- When carrying out procedures for the export of textile and garment lots of categories specified in Article 1 above, customs offices shall inspect export dossiers according to current regulations and C/O (printed copies) or C/O granting data provided on a daily basis by VCCI.

In exceptional cases, traders may produce C/O later within 20 days from the date of registration of customs declarations of exports.

For goods lots which were granted C/O but were not permitted for export, within 30 days after being granted C/O, traders shall return C/O to the C/O granting units for withdrawal.

For goods lots which were exported but different from the statements of their granted C/O, within 30 days after being granted C/O, traders shall return these granted C/O and carry out procedures for the re-grant of C/O.

Within 30 days after being granted C/O, traders shall submit customs declarations of exports (duly signed copies bearing a "true copy" stamp) to C/O granting teams.

Traders that fail to perform procedures specified in this Article will not be granted C/O for their subsequent goods lots of categories specified in Article 1.

Article 5.

- VCCI shall daily provide C/O granting data to the General Department of Customs as a basis for comparison and export customs clearance. Every Monday, the General Department of Customs shall inform VCCI of goods lots of categories specified in Article 1 for which customs declarations have been registered but are not permitted for export.

Article 6.

- The Vietnam Textile and Apparel Association (VITAS) shall supply information on production capacity of traders and average unit prices of categories in order to help customs offices and VCCI prevent in time trade frauds. When detecting traders exporting goods quantities larger than their production capacity, goods lots of too low unit prices or goods lots assembled from imported semi-products, etc., the Mobile Team for Inspection of textiles and Garments (under the Ministry of Industry and Trade) shall promptly take inspection measures and put forward handling proposals.

Article 7.

- This Decision applies to goods lots that have export declarations from November 1, 2008, and ceases to be effective on July 1, 2009.

Article 8.

- The director of the Office, the director of the Import and Export Department, heads of units of the Ministry, traders and concerned agencies and individuals shall implement this Decision.