Thông tư 21/2020/TT-BTTTT

CIRCULAR

ON ISSUANCE OF CERTIFICATE OF FREE SALE FOR GOODS IN INFORMATION TECHNOLOGY AND COMMUNICATIONS FIELD

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 on guidelines for the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of Director of Department of Information Technology,

The Minister of Information and Communications promulgates a Circular on issuance of Certificate of Free Sale for goods in information technology and communications field.

Article 1. Scope

1. This Circular provides guidelines for issuance of Certificate of Free Sale (CFS) under List of goods and authority over CFS of the Ministry of Information and Communications including: issuing authorities of CFS; application form for CFS; application form for modifications to, reissuance of CFS; CFS form.

2. The Ministry of Information and Communications shall issue CFS for exported goods under the List of goods and authority over CFS of the Ministry of Information and Communications specified in Appendix V to Decree No. 69/2018/ND-CP dated May 15, 2018 on guidelines for the Law on Foreign Trade Management.

3. Firms/companies/manufacturers are not required to submit CFS together with the HS code of the imported good under the List of goods and authority over CFS of the Ministry of Information and Communications specified in Appendix V to Decree No. 69/2018/ND-CP dated May 15, 2018 on guidelines for the Law on Foreign Trade Management.

Article 2. Regulated entities

This Circular applies to regulatory agencies; firms/companies/manufacturers engaging in export and import of goods in the field of information technology and communications and relevant entities.

Article 3. Procedures for issuance of CFS to exported goods

1. Procedures for issuance of CFS to exported goods upon request of firms/companies/manufacturers are specified in Article 11 of Decree No. 69/2018/ND-CP .

The firm/company/manufacturer shall submit 01 set of application specified in clause 1 in person or by post to the Ministry of Information and Communications, at: 18 Nguyen Du, Hai Ba Trung district, Hanoi city or through national public service portal (http://dichvucong.gov.vn) or online public service system of the Ministry of Information and Communications (http://dichvucong.mic.gov.vn).

2. Application form for CFS is specified in Appendix I hereto.

3. CFS form issued to exporter is specified in Appendix III hereto. In a case where an exporting country requires the firm/company/manufacturer to submit a CFS with the form governed by that country, the Ministry of Information and Communications shall issue a CFS based on that form.

4. Issuing authorities:

- Press products: Press Department.

- Publications: Department of Publishing, Printing and Release.

- Post and courier products: Postal Department.

- Electronics and information technology products: Department of Information Technology.

- Telecommunication devices; radio transmitters and receivers: Vietnam Telecommunications Authority.

5. In case of application for modifications to or reissuance of CFS due to loss, the firm/company/manufacturer shall comply with point e, clause 3, Article 11 of Decree No. 69/2018/ND-CP .

An application form for modifications to or reissuance of CFS is specified in Appendix II hereto. Place of receipt: the Ministry of Information and Communications.

Article 4. Responsibilities of issuing authorities of CFS and exporters of products in the field of information technology and communications

1. Issuing authorities:

a) Raise awareness and provide guidance on procedures for issuance of CFS for exported products in the field of information technology and communications;

b) Receive and verify eligibility of application for CFS as prescribed by law, and report to the Ministry of Information and Communications for consideration.

2. Exporters of products in the field of information technology and communications shall:

a) Abide by guidance of CFS authorities and this Circular:

b) Take legal liability for accuracy and truthfulness of declaration in the application for CFS for products in the field of information technology and communications.

Article 5. Entry in force

This Circular comes into force as of October 26, 2020.

Article 6. Implementation

1. Heads of agencies and units affiliated to the Ministry of Information and Communications and entities relevant to export and import of products in the field of information technology and communications shall implement this Circular.  

2. Difficulties that arise during the implementation of this Circular should be reported to Department of Information Technology affiliated to the Ministry of Information and Communications for consideration./.

APPENDIX I

APPLIFCATION FORM FOR CERTIFICATE OF FREE SALE
(Issued together with Circular No. 21/2020/TT-BTTTT dated September 7, 2020 of the Minister of Information and Communications)

MINISTRY OF INFORMATION AND COMMUNICATIONS

Address: 18 Nguyen Du str., Hai Ba Trung dist., Hanoi
Website: http://www.mic.gov.vn

APPLICATION FOR CERTIFICATE OF FREE SALE (CFS)

Section 1 Firm/company/manufacturer’s Information

To meet the requirements of the importing country, [firm/company/manufacturer] requests to issue CFS for the following products:

Section 2 Product Information

Section 3 Firm/company/manufacturer’s declaration

I declare that the kinds of products in this application comply with the standards and quality of Vietnam.

I further declare that all information contained in this application form is true and correct as at the date of signing.

APPENDIX II

REQUEST FORM TO REISSUE CERTIFICATE OF FREE SALE
(Issued together with Circular No. 21/2020/TT-BTTTT dated September 7, 2020 of the Minister of Information and Communications)

MINISTRY OF INFORMATION AND COMMUNICATIONS

Address: 18 Nguyen Du str., Hai Ba Trung dist., Hanoi
Website: http://www.mic.gov.vn

REQUEST TO REISSUE CERTIFICATE OF FREE SALE (CFS)

Section 1 Firm/company/manufacturer’s Information

To meet the requirements of the importing country, [firm/company/manufacturer] requests to reissue CFS for the following products:

Section 2 Product Information

Reason: (Mark × in the corresponding box)

Section 3 Firm/company/manufacturer’s declaration

I declare that the kinds of products in this application comply with the standards and quality of Vietnam.

I further declare that all information contained in this application form is true and correct as at the date of signing.

APPENDIX III

CERTIFICATE OF FREE SALE FORM

(Issued together with Circular No. 21/2020/TT-BTTTT dated September 7, 2020 of the Minister of Information and Communications)

CERTIFICATE OF FREE SALE

The Ministry of Information and Communications certifies that the following products exported by [Firm/company/manufacturer], [Address] in accordance with the Vietnamese regulations on standards, quality and  are allowed to be freely sold in Vietnam.

Firm/company/manufacturer:

Address:

Products listing: