Quyết định 7312/QD-BCT

DECISION

PROMULGATION OF REGULATION ON REWARDING REPUTABLE EXPORTER TITLE

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

In order to acknowledge exporter's contribution to Vietnam's exportation growth, introduce and advertise Vietnam's exporters to foreign partners;

For the continuation of Reputable Exporter program of previous years;

At the request of Director of Export and Import Administration,

DECIDES:

Article 1. The Regulation on rewarding Reputable Exporter title is promulgated together with this Decision.

Article 2. This Decision comes into force from the day on which it is signed.

Article 3. Chief of the Ministry Office, Director of Export and Import Administration, heads of units affiliated to the Ministry of Industry and Trade are responsible for the implementation of this Decision. Relevant agencies, organizations, and individuals shall take charge and cooperate with the Ministry of Industry and Trade in the promulgation of the Regulation promulgated with this Decision./.

REGULATION

ON REWARDING REPUTABLE EXPORTER TITLE
(promulgated together with Decision No. 7312/QD-BCT dated October 07, 2013 of the Minister of Industry and Trade)

I. GENERAL PROVISIONS

1. Target

a) Acknowledging exporters' contribution to Vietnam's exportation growth.

b) Introducing, advertising Vietnam's exporters to foreign partners.

c) Raising exporters' awareness of building and protecting their reputation for commercial activities.

2. Eligible candidates

a) Exporters that are established under Vietnam's laws and wish to participate in Reputable Exporter program of the Ministry of Industry and Trade.

b) Candidates are enterprises only, not their branches.

3. Criteria for selection

a) The enterprise directly exports and makes a profit for 02 consecutive years before the year of selection.

b) The enterprise does not violate Vietnamese law and does not complained by Vietnamese and foreign partners about its fulfillment of contractual obligations; strictly adheres to export contracts.

c) The enterprise has fulfilled its tax liability to the State.

d) The enterprise's export turnover from the following commodities/groups of commodities over the last 12 consecutive months before the selection time reaches the minimum requirement: rice; coffee; rubber; pepper; cashew nuts; tea; vegetable, fruits and products thereof; meat products; aquatic products; wooden products; textile and garments; handicraft, plastic products; glass and products thereof; telephones and parts thereof; cameras and parts thereof; computers, electronics and electronic components; electric wires and cables; building materials; mechanical products; pharmaceuticals and medical equipment; bags, wallets and purses, suitcases, hats and umbrellas; other products other than minerals.

The Ministry of Industry and Trade shall announce the annual minimum export turnover applied to each commodity/group of commodity. The annual minimum export turnover shall increases approximately by 15% each year.

Article 2. Procedures for selection

1. Application

Each candidate shall submits 02 sets of application by post to the selecting agency specified in Point 2.1.a Clause 2 of this Article. If the candidate is affiliated to more than one agencies, the applications shall only be sent to one of them.

An application consists of:

a) The application form enclosed herewith: 01 original.

If the candidate registers multiple commodities, they must be enumerated in the application form.

b) The certificate of business registration (or certificate of enterprise registration): 01 copy authenticated by the candidate.

c) Copies of certificates of awards received by the candidate in the year before the selection time.

2. Selection procedures

2.1. Selection

a) Selecting agencies include:

- Each Ministry (regulatory Ministry) shall considers applications submitted by exporters affiliated thereto.

- Commodity associations shall consider applications submitted by member exporters.

- Departments of Industry and Trade of provinces shall consider applications submitted by exporters located in their provinces.

b) Selection procedures:

The selecting agency shall:

- Instructs candidates to make their applications.

- Receive applications submitted by the candidates.

- Cooperate with the customs authority and tax authority of the province in which the candidate is located to certify that it is not suspended from export or import of goods and does not owe tax debts.

- Examine and select candidates that satisfy all selection criteria (eligible candidates) and send the results to the Ministry of Industry and Trade.

Documents sent to the Ministry of Industry and Trade include:

+ An official dispatch made by the selecting agency which contains the list of eligible candidates: 01 original bearing the signature and seal of the head of the selecting agency.

+ Certification letters of the customs authority and tax authority of the province in which the candidates are located regarding the matters mentioned in Point 2.1.b Clause 2 of this Article.

+ The application of an eligible candidate (01 set is retained by the selecting agency; 01 set is sent to the Ministry of Industry and Trade) consists of:

(i) An application form certified by the selecting agency (bearing the signature and seal of the head of the selecting agency): 01 original.

(ii) Certificate of business registration (or certificate of enterprise registration): 01 copy bearing the candidate's seal.

(iii) Copies of certificates of awards given to the candidate in the year before the selection time.

2.2. Announcement

The Ministry of Industry and Trade shall examine the results submitted by selecting agencies and publish a preliminary list of Reputable Exporters on the websites of the Ministry of Industry and Trade, Vietnam Chamber of Commerce and Industry, the Vietnam Trade Promotion Agency, Industry and Commerce Information Center (Trung tâm Thông tin Công nghiệp và Thương mại), Industry and Trade News (Báo Công Thương), and Industry and Trade Magazines (Tạp chí Công Thương) for 30 days.

While the list is being published, agencise and organizations in Vietnam and overseas shall propose removal of enterprises that are dissolved, suffering losses, violating the law, or complained by their customers in Vietnam or overseas (if any); propose addition of other eligible candidates according to the criteria specified in Clause 3 Article 1 hereof.

After the 30-day period, the Ministry of Industry and Trade shall officially publish the list of Reputable Exporter on the website of the Ministry of Industry and Trade, Vietnam Chamber of Commerce and Industry, the Vietnam Trade Promotion Agency, Industry and Commerce Information Center (Trung tâm Thông tin Công nghiệp và Thương mại), Industry and Trade News (Báo Công Thương), and Industry and Trade Magazines (Tạp chí Công Thương).

Article 3. Implementation

1. Every year, the Ministry of Industry and Trade shall take charge and cooperate with other Ministries, regulatory bodies, Departments of Industry and Trade, and commodity associations to award the Reputable Exporter title in accordance with this Regulation.

2. Before the selection time, the Ministry of Industry and Trade shall send a notification to relevant agencies, organizations, and enterprises to provide guidance on the selection of Reputable Exporters.

3. The Ministry of Industry and Trade will assist in trade promotion, provision of market information, and electronic commerce for Reputable Exporters selected by the Ministry of Industry and Trade./.

APPLICATION FOR REPUTABLE EXPORTER TITLE

I. Exporter's information:

- Exporter's Vietnamese name (CAPITAL LETTERS):.................................................

- Exporter's English name (CAPITAL LETTERS):.................................................

- Exporter's business name (abbreviated name (CAPITAL LETTER):.........................

- Headquarters address:..............................................................................................

- Tel: …………… Fax: ………………. Email: ………………… Website:.......

- Full name of General Director/Director: ……………………. Tel:...................

- Full name of person in charge of the application: …

Tel:...................................................................................................................

- Business license/investment license: …………… Date of issue: ………………….

- Issuer: ............................................................................................................

- TIN:................................................................................................................

- Business line(s):..........................................................................................

- Products label (if any):.................................................................................

II. Exportation achievements:

1. Export turnover by commodity: (USD)

2. Revenue and profit: (VND)

(*) According to the exporter's financial statement

3. Certificates of awards received by the exporter in the year prior to selection time:

III. Fulfillment of customs and tax obligations to the State:

- … (the year before the selection year)

- … (the selection year from the beginning of the year to the selection time):

(The amount of tax paid and total tax payable must be specified)

IV. Exporter's proposals (if any): ……………

V. Exporter' commitment:

[Name of exporter] believes it has fulfilled all criteria for the Reputable Exporter title of [year].

We hereby declare that:

(1) Our export turnover, revenue, profit, and other information related to us are declared fully and truthfully.

(2) All amounts payables to state budget are fully paid, and we are not suspended from export and/or import and do not owe tax debt at the time of selection.

(3) We are not complained or filed lawsuits against by Vietnamese and foreign clients, or have successfully settled all complaints and lawsuits filed  by our clients in the year of selection.

(4) We are legally responsible for the legitimacy and accuracy of documents and other information related to the application for Reputable Exporter title of [year]