Circular 28/2015/tt-Bct: Regulations Implementing Automatic Pilot Certificate Of Origin Of The Goods In The Asean Goods Trade Agreement

Original Language Title: Thông tư 28/2015/TT-BCT: Quy định việc thực hiện thí điểm tự chứng nhận xuất xứ hàng hóa trong Hiệp định thương mại hàng hóa ASEAN

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The CIRCULAR stipulated the implementation of automatic pilot certificate of origin of the goods in the ASEAN goods trade agreement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 19/2006/ND-CP dated 20 February 2006 from the Government detailing the commercial law regarding the origin of goods;
Implementation of the ASEAN goods trade agreement signed on February 26, 2009 at the 14th Summit, Cha-am, Thailand between the Member countries of the Association of Southeast Asian Nations and the memorandum signed on April 8 in 2012 between the Democratic People's Republic of Laos African Republic, Philippines, the Republic of Ireland-United Kingdom-a in Siem-Reap, Kingdom of Cambodia Cam on automatic pilot project certificate of origin number 2;
Implementation of resolution No. 68/NQ-CP on 10 September 2014 about joining Government memorandum implementing the pilot project the self certificate of origin number 2 in the framework of ASEAN;
At the suggestion of Director of Department of import and export, Minister for industry and Commerce issued a circular regulating the implementation of automatic pilot certificate of origin of the goods in the ASEAN goods trade agreement.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the implementation of automatic pilot certificate of origin of goods under the provisions of the memorandum of understanding signed on April 8 in 2012 between the Lao People's Democratic Republic, Republic of the Philippines, the Republic of Ireland-United Kingdom-a in Siem-Reap, Kingdom of Cambodia Cam on automatic pilot project certificate of origin number 2 (hereafter abbreviated as memo).
2. In addition to the provisions related to the self certificate of origin specified in this circular, the traders and the agencies, organizations, individuals concerned must comply with the provisions in circular No. 21/2009/TT-BCT on May 17, 2010 the Minister of industry and trade made the rule of origin in ASEAN goods trade agreement and circular No. 42/2014/TT-BCT on February 18th 11 in 2014 of the Minister of industry and trade modification, addition of some articles of the circular No. 21/2009/TT-BCT.
Article 2. Application object 1. This circular applies to traders for export and import of goods under the ASEAN goods trade agreement with traders in the Member States the memorandum and the agencies, organizations and individuals concerned.
2. Traders are Industry choice of joining the free pilot certificate of origin of goods as prescribed in this circular are still has the power to recommend certification of origin of goods form D (hereinafter referred to as the C/O form D) as specified in circular No. 21/2009/TT-BCT and circular No. 42/2014/TT-BCT.
Article 3. Explanation of terms 1. Self certification of origin of goods is the trader himself to declare the origin of the goods for export on the commercial invoice instead of the C/O form D. 2. Exporters as traders are selected to join the free pilot certificate of origin of the Member countries a memorandum.
3. the commercial invoice contains the content Declaration of origin is the trade bill expresses the content of the declarations of origin of the goods prescribed in article 7 of this circular, which was issued by selected merchants.
4. the competent authorities of the Member State of export is the Government agency of the Member State of export is authorized to: a C/O form D) levels;
b automatic approval) levels of certification of origin of goods (hereinafter referred to as the text approved).
5. Memorandum of member countries is the country of the Lao People's Democratic Republic, Republic of the Philippines, the Republic of Ireland-United Kingdom, Kingdom of Thailand and the Socialist Republic of Vietnam. Industry will announce new Member countries joined the memorandum on the electronic portal of the Ministry of industry and trade at the address www.moit.gov.vn and notified in writing to the Customs authorities.
Chapter II article 4 APPROVAL LEVEL. Selection criteria involved automatic pilot certificate of origin of commodities traders are selected to join the pilot program of self certification of origin of goods must meet the following criteria: 1. Is the manufacturer and exporter of the goods by the trader.
2. no violation of rules of origin in 2 (two) years as of the time of submission of the registration.
3. Exports go to ASEAN granted C/O form D years ago adjacent reaches a minimum of 10 (ten) million.
4. Have the trained staff, certificate or a certificate of origin of goods due to training units are Industry specified level.
Article 5. Level 1 approval. Import and export Bureau-Industry accepted level for traders to join the free pilot certificate of origin of goods in ASEAN.
2. Traders who meet the criteria prescribed in article 4 of this circular wishing to join the pilot program of self certification of origin of goods sent 01 (a) the registration documents by post to the export and import Bureau-Ministry of industry and commerce, no. 54 Hai BA Trung , hoan Kiem, Hanoi or register via the Internet at the address www.ecosys.gov.vn.
3. Records and approval procedures are as follows: a) petition to join the free pilot certificate of origin of goods in ASEAN (according to the model in annex I attached to this circular), which specified the item register self certification of origin of goods: 1 (one) original;
b) and name registration form signed by the legal representative of the traders or the authorized person has been granted the certificate or certificates of origin of goods (filed January included (a) certified copies and stamped copies of traders), signed on the trade bill has a declared content of origin (not more than 3 (three) persons) (according to the model in annex V attached to this circular): 1 (one) original;
c) A reported production capacity production facility, for each item of the self registration certificate of origin (according to the model in annex II attached to this circular): 1 (one) original;
d) business registration certificate or a certificate of registration or certificate of investment: 1 (one) copy (certified and stamped copies of traders);
DD) reported exports to ASEAN was granted C/O form D years ago adjacent: 1 (one) original (certified by the Organization c/o Registrar of records c/o Traders form D).
4. The time limit for handling a) within 7 working days from the date of receiving the full records as defined, and export Bureau-Ministry of industry and trade to conduct inspections or industry authorized for the Department of industry and trade or management of industrial zones, export processing zones, economic zones are Industry-level authorization C/O form D where traders set the production check the fact of the production capacity of traders;
b) where records are incomplete, regulation, within 5 working days from the date of receiving the merchant's profile, import and export Bureau-Industry traders notice in writing plugins, finalizing the record;
c) within 5 working days from the date of receiving the test results, production base of suitable traders as a rule, the Bureau export-Industry Review, approval levels for traders. Case of non-approval, import and export Bureau-Industry responded in writing and stating the reason.
5. For production, traders exporting new items or change the items produced, self registration export certificate of origin of goods: a) records including:-suggested text addition or change items order certificate of origin of goods: 1 (one) original;
-Written approval has been granted: 01 (a) certified copies and stamped copies of traders;
-The report manufacturing capabilities, production base for each registered item self certificate of origin of goods (according to the model in annex II attached to this circular): 1 (one) original;
b) the time limit for processing and approval levels with additional content, changes made under the provisions of paragraph 4 of this Article.
6. With regard to the content of the other changes stipulated in clause 5 of this as the person authorized to sign on the trade bill has made declarations of content, address, telephone number, Head Office, business registration certificate or certificate of registration of business or investment certificate , the trader must immediately notify in writing to the Bureau of import and export-Industry. 7. For most approval effective, traders established records as specified in paragraph 3 of this article.
The case of items, the production process and production facilities of the registered trader approval level unchanged compared with the first registration, import and export Bureau-Ministry of industry and commerce may consider long reality check trader's production facilities when the text approved again.
Article 6. The text approved 1. The text approved effective 1 year from the date of grant, unless revoked under the provisions of article 10 of this circular.
2. Each text approved has a private code (hereinafter referred to as the code itself). Write this code on the Merchant Trade Bill declared content of origin issued during the validity of the approval documents.
Chapter III TRADE BILL DECLARED CONTENT of ORIGIN article 7. The trade bill has a declared content of origin 1. Traders are options when exporting goods originating will declare the origin of the goods on the commercial invoice with the following content: "The exporter of the product (s) covered by this document (Certified Exporter Authorization Code.......) declares that, except where otherwise clearly indicated, the product (s) (HS Code/s:.........) satisfy the Rules of Origin to be considered as Originating Products under ASEAN ATIGA (ASEAN country of origin:....................) with origin criteria:................ "..............................................
 (Signature over Printed Name of the Authorized Signatory)
Of which: "Certified Exporter Authorization Code" is the code number of the certificate itself.
"HS Code/s" is HS code 6 number of exports.
"ASEAN country of origin" is the country of origin.
"origin criteria" is the criteria of origin.
"Signature over Printed Name of the Authorized Signatory" is the name and signature of the person who is the authorized traders registered with the competent authorities.

2. on the trade bill, the goods must be recorded enough information to determine the origin of the goods.
3. the commercial invoice contains the content origin declaration must be signed by hand, the text in paragraph 1 of this article must be written in English and write name (capitalized) who are authorised traders have registered with the Ministry of industry and trade. The trade Bill is considered the day of release commercial invoice with Declaration of origin.
5. In the case on the commercial invoice contains the content Declaration of origin is not enough room to declare all items, can attach additional sheets record the origin criteria, HS code and the signature of the same name written by United States persons are authorized traders.
Chapter IV RULES for IMPORTED GOODS are SELF CERTIFICATION of ORIGIN article 8. To enjoy the preferential tariffs for imported goods 1. Review of the customs tariff preference for the enjoyment by the ASEAN goods trade agreement in respect of goods imported from Member States the memo with the following conditions: a) the importer filed trade bill declared content made by traders is the Member's choice memos released;
b) The trader is chosen by the Member States in the memo list are Industry inform customs authorities;
c) items that enjoy preferential tariffs must be in the list of items has been member countries a memorandum informing Industry. 2. Customs only consider accepting the trade bill has a declared content of origin are issued by the export and items in the list are Industry notice as specified in paragraph 1 of this article.
3. procedure for imports of goods made under the guidance of the Ministry of finance.
Chapter V CHECK, VERIFY the ORIGIN of GOODS and the PROCESSING of VIOLATION of article 9. Check, verification of origin of goods inspection, verification of origin of goods is done according to the rules in Appendix III attached to this circular.
Article 10. Revocation of participant approval order pilot certificate of origin of goods 1. Written approval to join the free pilot certificate of origin of goods recovered in the following cases: a) falsify, fraud declaration when writing grant proposals approved;
b) forgery of records, vouchers for self certification of origin;
c) does not carry the responsibility of traders to the provisions in article 11 of this circular.
2. The Bureau of export-Industry consider approval levels for traders within a period of 1 year from the date that merchant approval revoked.
3. Trader approval revoked shall be published on the Portal Information Electronics Industry at the address www.moit.gov.vn.
4. In addition to the recovery of the documents involved the free pilot certificate of origin of goods, traders have the violations referred to in points a, b, c paragraph 1 of this article shall be applied the provisions on sanctioning administrative violations in the field of origin according to the current rules.
Chapter VI LIABILITY of TRADERS and INSTITUTIONS, organizations CONCERNED article 11. The responsibility of traders granted approval 1. Maintain the conditions as prescribed in this circular during self certification of origin of goods; import and export Bureau reports-Industry right when there is a change in the conditions under the provisions of this circular.
2. Provide full reports, related documents and arranged to import and export Bureau-Ministry of industry and trade or Industry bodies authorised to check the production facilities when the Industry requirements.
3. store the records, reports and documents to prove the self declared goods meet the origin criteria under the current rules and the relevant vouchers, in time for at least 3 years from the date of certificate of origin itself.
4. Just being self declared origin for goods by the producers and traders are full of the necessary documents to prove the goods meet the origin criteria at the time of the release of the trade bill with content declarations of origin.
5. Ensure the legitimate representative of the traders or the person authorized to sign on the commercial invoice contains the content origin declarations must be trained and granted certification or certificate prescribed in paragraph 4 Article 4 this circular.
6. Be responsible before the law for the accuracy, authenticity for the declarations relating to the grant proposal and approval certificate of origin free content on Trade Bill have content declarations of origin.
7. Periodically monthly, in the first week of next month, sending reports on import and export Bureau-Ministry of industry and trade, the trade bill has a declared content of origin issued for export of goods under the provisions of this circular (in the form prescribed in annex IV attached to this circular).
8. timely reports for the Bureau of import and export-Industry about the trade bill have made declarations were content importer refuses to accept (if any).
Article 12. The responsibility of agencies, related organizations 1. Import and export Bureau-Ministry of industry and commerce is responsible for: a) the level, organization level again, the modified level, additional written approval;
b) to verify the origin of the goods was exported at the request of the competent authority of the importing country;
c) test, the Organization for the implementation of selected traders after granting approval, includes the verification of the accuracy of commercial bills whose contents declared made released;
d) after granting approval, import and export Bureau-Ministry of industry and trade reported for the ASEAN secretariat the following information about the selected trader: trader-name;
-Headquarters of the trader;
-The list of authorized signing officer on the trade bill have made declarations and content samples of their signatures;
-Code self certification, including the date of issue and date of expiry of approval;
-Directory of auto trader of goods certificate of origin.
PREC) announced the list of selected traders of the Member countries a memorandum on the electronic portal of the Ministry of industry and trade at the address www.moit.gov.vn.
2. the training unit are Industry specify responsibility: a) the Organization of training and certification or certificate for the student;
b) in compliance with the General provisions on the Organization of training;
c import-export Bureau) report the information on the certificate or the certificate right after.
Chapter VII ENFORCEMENT PROVISIONS article 13. Effective enforcement of this circular effect since October 5, 2015.