Quyết định 492/2000/QD-BTM

DECISION

AMENDING AND SUPPLEMENTING THE REGULATION ON GRANTING OF VIETNAM’S FORM-D CERTIFICATES OF ASEAN GOODS ORIGIN FOR ENJOYMENT OF PREFERENCES UNDER THE AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFFS (CEPT), PROMULGATED TOGETHER WITH THE TRADE MINISTER’S DECISION No.416/TM-DB OF MAY 13, 1996

THE MINISTER OF TRADE

Pursuant to the Government’s Decree No.95/CP of December 4, 1993 on the functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on the provision of goods assessment services;
Pursuant to the Prime Minister’s Decision No.615/TTg of October 10, 1995 on the establishment of the National Committee for Coordination of Vietnam’s Activities in the ASEAN;
Pursuant to the Government’s Official Dispatch No.356/VPUB of January 22, 1996 designating the agency to grant certificates of origin of goods under the CEPT Agreement;
At the proposal of the Director of the Export and Import Department,

DECIDES:

Article 1.-

1. To amend Clause 2, Article 5 of the Regulation on granting of Vietnam’s form-D certificates of ASEAN origin for enjoyment of the preferences under the "Agreement on Common Effective Preferential Tariffs (CEPT)", promulgated together with the Trade Minister’s Decision No.416/TM-DB of May 13, 1996.

2. To promulgate Appendix 4 (amended) on the procedures for applying for inspection and granting of form-D certificates of goods origin inspection in replacement of Appendix 4 of the above-said Regulation.

Article 2.- This Decision takes effect after its signing.

Article 3.- The Director of the Export and Import Department, the heads of the concerned bodies under the Ministry of Trade shall have to implement and guide the implementation of this Decision.

REGULATION

ON GRANTING OF VIETNAM’S FORM-D CERTIFICATES OF ASEAN GOODS ORIGIN FOR ENJOYMENT OF PREFERENCES UNDER THE AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFFS (CEPT) (AMENDED)

(Promulgated together with the Trade Minister’s Decision No.492/2000/QD-BTM of March 20, 2000)

II. THE PROCEDURES FOR GRANTING FORM-D CERTIFICATES

Article 5.- An application for form-D certificate comprises:

2. A certificate of goods origin inspection (in case of an inspection request). Such a certificate must:

- Conform with the regulations on origin prescribed in Appendix 1 to this Regulation, and;

- Be granted by the goods-assessment service providing enterprise as stipulated in Appendix 4 (amended) to this Regulation;

APPENDIX 4 (Amended)

ON THE PROCEDURES FOR APPLYING FOR INSPECTION AND GRANTING OF FORM-D CERTIFICATE OF GOODS ORIGIN INSPECTION

(Issued together with the Trade Minister’s Decision No.492/2000/QD-BTM of March 20, 2000)

In furtherance of the Regulation on origin of goods eligible for preferential tariff under the CEPT Agreement of the ASEAN countries, the procedures for applying for and granting form-D certificates of origin inspection are prescribed as follows:

I. ORGANIZATIONS DESIGNATED TO CARRY OUT THE INSPECTION AND GRANT INSPECTION CERTIFICATES

Article 1.- Organizations designated to carry out the task of inspecting and granting form-D certificates of inspection of goods origin are goods-assessment service providing enterprises as prescribed in the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on the provision of goods assessment services.

Article 2.- To serve the inspection, the inspecting organizations may request the inspection applicants to supply or produce necessary vouchers related to the goods, or carry out any inspection of goods if they deem it necessary.

II. INSPECTION OF GOODS ORIGIN

Article 3.- The inspection of goods origin shall be carried out before such goods are exported. Particularly for goods subject to the inspection of ASEAN content, such inspection may, depending on its complexity, be carried out right from the manufacturing or processing process.

The applicants for inspection of goods origin shall have to create all favorable conditions for the inspectors to carry out inspection activities in a convenient, quick and accurate manner.

Article 4.- Goods origin shall be inspected in terms of the following:

- Characteristics of goods (categories and specifications);

- Signs and marks on goods bales;

- The way the goods are packed in bales;

- Quantity or volume (ultimate quantity or volume shall be based on the bills of lading);

- ASEAN content.

Article 5.- The basis and formula for calculating the ASEAN content shall comply with Principles 3 and 4 of Appendix 1 to the ASEAN’s regulations on the granting of form-D certificates of goods origin.

III. THE PROCEDURES FOR APPLYING FOR INSPECTION AND CERTIFICATES OF GOODS ORIGIN INSPECTION

Article 6.- When filling in the procedures for applying for inspection of goods origin, the applicants shall have to ensure that:

6.1. They already get all their goods, which have a 100% ASEAN origin, ready for inspection.

6.2. They have commenced the manufacture of or are currently manufacturing goods, of which the ASEAN content must be determined.

Article 7.- A dossier applying for form-D goods origin inspection comprises:

7.1. Two application forms for form-D goods origin inspection (made according to the set form) which have been fully filled and signed (particularly for an enterprise, these application forms must be affixed with its seal).

7.2. Vouchers which accompany the above-said application forms:

7.2.1. For goods manufactured from imported raw materials and/or auxiliary materials with non-ASEAN and/or unidentified origin:

- Mixing, manufacturing and/or assembling process or written explanation of mixing percentages of input raw materials and/or auxiliary materials of goods.

- Invoices and vouchers for determining the CIF importing prices of raw materials and auxiliary materials imported from outside ASEAN.

- Invoices and vouchers evidencing the prices of raw materials and auxiliary materials with unidentified origin.

7.2.2. For goods with gross origin:

- Origin certificates that satisfy form-D origin conditions from the ASEAN members.

- Mixing, manufacturing and/or assembling processes or written explanation of mixing of input raw materials of goods.

7.3. Papers that must be submitted before receiving certificate of goods origin inspection (copies are accepted, but the originals thereof must be produced for comparison), including:

- Bills of lading;

- Commercial invoices and/or papers evidencing FOB exporting prices of goods.

Article 8.- Applicants for form-D goods origin inspection shall be held fully responsible before law for the accuracy and truthfulness of details stated in the applications for inspection as well as in accompanying vouchers.

Article 9.- Certificates of goods origin inspection shall be made according to the form imprinted with logos of goods-assessment service-providing enterprises, which have been registered at the National Office of Industrial Property under the Ministry of Science, Technology and Environment.