Decision No. 3624/QD-BCT dated December 9, 2019 Procedures for issuance of electronic certificate of origin form D

DECISION

PROCEDURES FOR ISSUANCE OF ELECTRONIC CERTIFICATE OF ORIGIN FORM D

MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 31/2018/ND-CP dated March 8, 2018 of Government on elaborating to a number of articles of Law on Foreign Trade Management regarding Goods Origins;

Pursuant to Decree No. 130/2018/ND-CP dated September 27, 2018 of Government on elaborating to implementation of Law on E-Transactions regarding digital signatures and digital signature authentication services;

Pursuant to Circular No. 22/2016/TT-BCT dated October 3, 2016 of Ministry of Industry and Trade on implementing rules of origin under ASEAN Trade In Goods Agreement;

At the request of Director General of Agency of Foreign Trade and Director General of Vietnam E-commerce and Information Technology Agency,

HEREBY DECIDES

Article 1. “Procedures for issuance of electronic certificate of origin form D” are attached to this Decision.

Article 2. Agencies and organizations issuing preferential certificates of origin shall:

1. Issue electronic certificates of origin form D for goods exported to Cambodia, Brunei, Indonesia, Malaysia, Singapore and Thailand.

2. Issue addition physical certificates of origin form D for goods exported to countries specified in Clause 1 of this Article at request of traders.

Article 3. This Decision comes into force from January 1, 2020.

Article 4. Director General of Agency of Foreign Trade, Director General of Vietnam E-commerce and Information Technology Agency, agencies and organizations issuing preferential certificates of origin and relevant organizations and individuals are responsible for implementation of this Decision./.

PROCEDURES

FOR ISSUANCE OF ELECTRONIC CERTIFICATES OF ORIGIN FORM D
(Attached to Decision No. 3624/QD-BCT dated December 9, 2019 of Minister of Industry and Trade)

Article 1. Scope and regulated entities

1. Procedures for issuance of electronic certificates of origin form D specify sequences of applying and handling application for certificates of origin (C/O) form D. The procedures shall be implemented on the System for managing and issuing electronic certificates of origin (hereinafter referred to as “eCoSys”) at http://ecosys.gov.vn or websites of Ministry of Industry and Trade at http://dichvucong.moit.gov.vn or other websites of the government.

2. Goods issued with electronic C/O form D are goods satisfying origin criteria specified in legislative documents providing guidance on rules of origin under the ASEAN Trade In Goods Agreement.

3. Traders following the procedures for issuance of electronic C/O form D include exporters, manufacturers and representatives legally authorized by exporters or manufacturers.

4. Agencies and organizations issuing C/O participating in the procedures for issuance of electronic C/O form D include regional foreign trade management offices and agencies, organizations issuing preferential C/O authorized by Ministry of Industry and Trade.

Article 2. Application for issuance of electronic C/O form D

1. Traders following the procedures for issuance of electronic C/O form D shall fill in electronic trader dossiers on the eCoSys or at addresses specified in Clause 1 Article 1 of these Procedures. In case physical trader dossiers have been submitted, traders shall update their electronic dossiers in the next dossier revision session.

2. Traders shall use forms available on the eCoSys or at addresses specified in Clause 1 Article 1 of these Procedures to declare information relating to goods that are to be issued with C/O form D and attach electronic form of documents specified in Clause 1 Article 15 Decree No. 31/2018/ND-CP of Government. The documents must be verified by the traders with digital signatures issued by competent agencies.

3. Traders are not required to submit physical form of documents already attached in electronic form via the eCoSys or at addresses specified in Clause 1 Article 1 of these Procedures for agencies and organizations issuing C/O, unless otherwise demanded upon suspicions about authenticity of the dossiers.

4. In case of application for issuance of physical C/O form D, traders shall submit application using form No. 4 of Annex attached to Decree No. 31/2018/ND-CP of Government and completed physical C/O form D to agencies and organizations issuing C/O.

Article 3. Handling application for issuance of electronic C/O form D

1. Within 6 working hours after receiving applications for issuance of electronic C/O form D, agencies and organizations issuing C/O are responsible for posting notice of application approval results on the eCoSys. To be specific:

a) In case applications for issuance of electronic C/O form D satisfy applicable regulations and law, agencies and organizations issuing C/O shall approve and issue electronic C/O form D on the eCoSys to transmit data on the issued C/O to members of ASEAN via National single-window system.

b) In case applications for issuance of electronic C/O form D does not satisfy applicable regulations and law, agencies and organizations issuing C/O must specify reasons for rejection and post notice to enable traders to revise.

2. In case traders request issuance of physical C/O form D, within 2 working hours after receiving the request and the completed physical C/O form D satisfactory to the issued electronic C/O form D, agencies and organizations issuing C/O shall return the physical C/O form D.

Article 4. Responsibilities of traders applying for issuance of electronic C/O form D

1. Traders shall be legally responsible for accuracy and authenticity of information declared on the eCoSys and electronic documents and data bearing digital signature included in attached files on the eCoSys.

2. Traders shall be responsible for storing application for issuance of electronic C/O form D as specified in Clause 3 Article 30 of Decree No. 31/2018/ND-CP of Government.

3. Traders shall be responsible for complying with Circular No. 22/2016/TT-BCT of Ministry of Industry and Trade and other relevant legislative documents on goods origin.

Article 5. Implementation

1. Agency of Foreign Trade shall be responsible for training officials of agencies and organizations issuing C/O and traders participating in these Procedures and monitoring implementation of the Procedures for issuance of electronic C/O form D.

2. Vietnam E-commerce and Information Technology Agency shall be responsible for developing and ensuring that the eCoSys operates continuously, exchanges data on electronic C/O form D with the national single-window system and receives feedback from relevant organizations and individuals to assure implementation of Procedures for issuance of electronic C/O form D.

3. Agencies and organizations issuing preferential C/O shall be responsible for monitoring compliance with regulations and law on goods origin of traders participating in Procedures for issuance of electronic C/O form D within their competence.

4. Agencies and organizations issuing preferential C/O shall be responsible for receiving and handling applications for issuance of C/O form D; discovering flaws during implementation to propose timely revision. On a 6 month basis, submit reports on implementation conditions and results, difficulties and complaints to Agency of Foreign Trade Vietnam E-commerce and Information Technology Agency for consolidation.

5. Traders shall report any difficulties and complaints (if any) during implementation of these Procedures to agencies and organizations issuing preferential C/O or Ministry of Industry and Trade (at email address of [email protected] or [email protected]) for guidance./.