Decision 4082/QD-BCT 2015 on pilot process for issuance of Certificate of Origin via Internet issued by the Ministry of Industry and Trade

DECISION

ON THE PROMULGATION OF PILOT PROCEDURES FOR ONLINE ISSUANCE OF CERTIFICATE OF ORIGIN

THE MINISTER OF INDUSTRY AND TRADE

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

Pursuant to Decree No. 19/2006/NĐ-CP dated February 20, 2006 by the Government detailing the Law on Commerce with regard to the origin of goods;

Pursuant to Decree No. 43/2011/NĐ-CP dated June 13, 2011 by the Government providing for the provision of online information and public services on websites or web portals of state agencies;

Pursuant to the Circular No. 06/2011/TT-BCT dated March 21, 2011 by the Ministry of Industry and Trade providing for procedures for issuance of Certificate of preferential goods origin;

At the request of the Director of the Department of Export and Import and the Director of the Department of Electronic commerce and Information technology,

DECIDES

Article 1. Enclosed with this Decision the “Pilot procedures for online issuance of Certificate of Origin”.

Article 2. Trader participating in the pilot project must:

1. Directly perform the production and export of goods and is carrying out the declaration of application for Certificate of Origin (C/O) on Vietnamese electronic Certificate of Origin issuance System (eCOSys) on the electronic information pages www.ecosys.gov.vn;

2. Not commit violations again the legislations on the issuance of certificate of origin;

3. Be chosen by the Ministry of Industry and Trade for participation in the pilot procedures.

The Ministry of Industry and Trade shall announce the List of traders eligible for the pilot procedures according to the conformity with those criteria.

Article 3.This Decision comes into effect from the day it is signed.

Article 4. The Director of the Department of Export and Import, the Director of the Department of Electronic commerce and Information technology, the Chief of the Ministry Office, local Export and Import Management Offices, the C/O issuers authorized by the Ministry of Industry and Trade and relevant organizations/individuals are responsible for implementing the Decision./.

PILOT PROCEDURES FOR ISSUANCE OF ONLINE CERTIFICATE OF ORIGIN
(Enclosed with the Decision No. 4082/QĐ-BCT dated April 24, 2015 by the Minister of Industry and Trade)

Article 1. Scope of regulation and regulated entities

1. The pilot procedures for the online issuance of the Certificate of Origin (hereinafter referred to as Pilot procedures) are applicable to applications for the Certificate of Origin (C/O) Form D.

2. The pilot procedures are applicable to the traders enumerated on the List of traders eligible for the pilot procedures promulgated by the Ministry of Industry and Trade in periods of time.

3. The duration of the pilot procedures is 3 (three) months from the day on which this Decision is promulgated. Such duration may be reduced depending on the circumstances.

Article 2. Online C/O application

1. The trader shall make and submit the C/O application via the Internet, including an application form for C/O (downloaded from/available on www.ecosys.gov.vn) and electronic files of the documents specified in Points (c) to (e) Clause 1 Article 9 of the Circular No. 06/2011/TT-BCT regulating the procedures for the issuance of Certificate of Preferential goods origin by the Ministry of Industry and Trade.

2. The documents specified in Clause 1 of this Article shall be certified by the trader with the digital signature issued by a competent agency.

The trader does not have to submit such documents to the C/O issuer unless they are requested to do.

Article 3. Processing of the online C/O application

1. When the online C/O application is received, the C/O issuer shall send the applicant an electronic notification of the result of the examination of the application.

If the application is not conformable with the applicable regulation, the C/O issuer shall provide the applicant with explanation and request modification.

2. When the notification of the C/O issuer is received, the applicant shall submit to the C/O issuer  a completed C/O form that is conformable with provisions of Point (b), Clause 1, Article 9 of the Circular No. 06/2011/TT-BCT by the Ministry of Industry and Trade and a printout of the notification.

3. The C/O issuer shall grant a certification on the completed form within 2 (two) working hours from the time the application prescribed in Clause 2 of this Article is received.

4. Traders may decide whether to submit the C/O applications online according to such Pilot procedures or submit paper C/O applications as prescribed in the Circular No. 06/2011/TT-BCT by the Ministry of Industry and Trade.

Article 4. Responsibilities of online applicant for C/O

1. The applicant shall be legally responsible for the accuracy and the authenticity of the documents and electronic data that are affixed digital signatures in the online C/O application.

2. The applicant shall retain the C/O application for at least 03 years from its issuance date so as to present it to the C/O issuer and the competent agency on request. 3. The applicant shall comply with the regulations in the Circular No. 06/2011/TT-BCT by the Ministry of Industry and Trade and other legislative documents relating to the origin of goods.

Article 5. Organization of implementation

1. The Department of Export and Import is responsible for providing training for the staff of the C/O issuer in the pilot structure; choosing and providing training for the trader participating in the structure; supervising the implementation of the pilot structure of both the C/O issuer and applicant.

2. The Department of Electronic commerce and Information technology is responsible for developing and ensuring the stability of the Electronic Certificate of Origin issuance System, receiving the feedback from relevant organizations/individuals and rectifying the error (if any) to complete the program.

3. The C/O issuers are responsible for receiving and processing the online C/O application; discovering the irrational matters during the implementation to promptly propose the remedial measures. C/O issuers shall monthly make the report on the implementation and the result of the pilot structure and the difficulties during the implementation to the Department of Export and Import and the Department of Electronic commerce and Information technology for consideration.

4. The trader may report the difficulties (if any) during the implementation of this Procedures to the C/O issuer or the Ministry of Industry and Trade (to the mail: [email protected]) for handling.

5. After the duration of the pilot procedures, the Department of Export and Import and the Department of Electronic commerce and Information technology shall conduct a preliminary review and report to the Minister the implementation, the result and proposal for the adjustment of scope of regulation and regulated entities./.

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