List of Vietnam Law
Decision No. 2412/QD-BCT dated June 15, 2016 of the Ministry of Industry and Trade promulgating procedures for issuance of preferential certificates of origin via the Internet
Date: 6/15/2016
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THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
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No. 2412/QD-BCT
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Hanoi, June 15, 2016
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DECISION
PROMULGATING PROCEDURES FOR ISSUANCE OF PREFERENTIAL CERTIFICATES OF ORIGIN VIA THE INTERNET
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;
Pursuant to the Government's Decree No. 19/2006/ND-CP dated February 20, 2006 on guidelines for the Law on Commerce in terms of rules of origin;
Pursuant to the Government's Decree No. 26/2007/ND-CP dated February 15th 2007, on guidelines for the Law on Electronic transactions applicable to digital signatures and the authentication of digital signatures;
Pursuant to Circular No.06/2011/TT-BCT dated March 21, 2011 of the Ministry of Finance on procedures for issuance of preferential certificate of origin and Circular No. 01/2013/TT-BCT dated January 3, 2013 of the Ministry of Finance on amendments to Circular No.06/2011/TT-BCT dated March 21, 2011;
At the request of Directors of the Department of Export and/or import and the Department of Electronic commerce and Information technology,
DECIDES:
Article 1. To issue together with this Decision “Procedures for issuance of preferential certificates of origin (C/O) via the Internet”.
Article 2. This Decision comes into force from June 15, 2016.
Article 3. Director of Export and/or import Department, Director of Department of Electronic commerce and Information technology, the Chief of the Ministry Office, issuing authorities of preferential C/O and relevant organizations and individual shall implement this Decision./.
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MINISTER
(Signed and sealed) Tran Tuan Anh |
PROCEDURES
FOR ISSUANCE OF PREFERENTIAL CERTIFICATES OF ORIGIN VIA THE INTERNET
(Issued together with Decision No. 2412/QD-BCT dated June 15, 2016 of the Minister of Industry and Trade)
(Issued together with Decision No. 2412/QD-BCT dated June 15, 2016 of the Minister of Industry and Trade)
Article 1. Scope and regulated entities
1. The procedures for issuance of preferential C/O via the Internet (hereinafter referred to as procedures for issuance of C/O via the Internet) include submission and process of applications for issuance of C/O via the Internet that are operated on the system of management and issuance of electronic C/O (hereinafter referred to as eCoSys) at the address www.ecosys.gov.vn.
2. Goods have C/Os issued via the Internet are goods that satisfy origin criteria prescribed in legislative documents on implementation of rules of origin applicable to every form of preferential C/O.
3. Traders engaging in the procedures for issuance of C/O via the Internet consist of exporters, producers, and legally authorized representatives of exporters or producers.
4. Issuing authorities of C/O engaging in the procedures for issuance of C/O via the Internet (hereinafter referred to as issuing authorities) consist of regional Export and Import Management Offices and issuing authorities of preferential C/O authorized by the Ministry of Industry and Trade.
Article 2. Application for issuance of C/O via the Internet
1. Each trader engaging in the procedures for issuance of C/O via the Internet shall declare an electronic trader dossier on the eCoSys. In case where the trader has submitted the physical trader dossier, the trader must update its dossier on the eCoSys.
2. Traders shall declare according to existing forms on the eCoSys based on accurate information about the good applied for preferential C/O and electronic documents attached prescribed in Point c through Point e Clause 1 Article 9 of Circular No. 06/2011/TT-BCT The above supporting documents must be authorized by the trader with its digital signature issued by competent authority.
3. The trader is not required to submit physical supporting documents that are attached and sent through the eCoSys to the issuing authority, except for the case of any doubt about the authentication of those documents.
4. Upon receipt of the approval for the application for issuance of C/O via the Internet granted by the issuing authority, the trader shall submit the application for issuance of C/O and a form of C/O which is declared completely and validly as prescribed in Point b Clause 1 Article 9 of Circular No. 06/2011/TT-BCT.
5. The trader shall submit or present other physical supporting documents prescribed in Article 9 of Circular No. 06/2011/BCT to the issuing authority in case of request.
Article 3. Processing applications for issuance of C/O via the Internet
1. Within 6 working hours from the time in which an application for issuance of C/O via the Internet is received, the issuing authority must notify the trader of approval or rejection of the application on the system.
2. In case where the application for issuance of C/O via the Internet does not satisfy with the requirements as prescribed in regulations in force, the issuing authority shall provide explanation for rejection and notify the trader of necessary amendments.
3. Within 2 working hours from the time in which a physical application, which is declared completely, is received as prescribed in Clause 3 Article 2 of this procedure, the issuing authority must notify the approval or rejection.
4. Regarding applications for issuance of C/O form D, issuing authorities shall receive and process the applications following the procedures for issuance of C/O via the Internet. The transitional period from the procedures for issuance of C/O based on physical application to the procedures for issuance of C/O via the Internet is 45 days, from the effective date of this Decision.
Article 4. Responsibilities of traders applying for issuance of C/O via the Internet
1. The trader shall take legal responsibility for the accuracy and authentication of declarations on eCoSys and documents electronic data attached with its digital signature in the application for issuance of C/O via the Internet.
2. The trader must maintain the application for issuance of C/O to be presented to the issuing authority and competent authorities upon their requests. The period over which the application must be maintained shall comply with legislative documents in accordance with every preferential C/O form.
3. The trader must comply with Circular No. 06/2011/TT-BCT and legislative documents on origin of goods.
4. The trader may decide whether to submit the application for issuance of C/O via the Internet following these procedures or submit the physical application as prescribed in Circular No. 06/2011/TT-BCT except for the application for issuance of C/O form D.
Article 5. Implementation
1. The Department of Export and import shall provide training courses for officials of issuing authorities and traders engaging in this procedures and supervise the implementation of the procedures for issuance of C/O via the Internet.
2. The Department of Electronic commerce and Information technology shall build and ensure the eCoSys to be operated smoothly, and receive feedbacks from relevant organizations and individuals to ensure the initiation of the procedures for issuance of C/O via the Internet.
3. Issuing authorities must recognize the observance of law on origin of goods by traders engaging in the procedures for issuance of C/O via the Internet.
4. Issuing authorities shall receive and process applications for issuance of C/O via the Internet; and raise unreasonable matters during the implementation to be handled promptly. The issuing authority shall send monthly reports on implementation and difficulties to the Department of Export and important and the Department of Electronic commerce and Information technology.
5. Difficulties that arise during the implementation of this procedures should be reported to issuing authorities or the Ministry of Industry and Trade for consideration (via email ecosys@moit.gov.vn or co@moit.gov.vn)./.
(This translation is for reference only)
