Circular No. 08/VBHN-BNNPTNT dated June 13, 2018 of the Ministry of Agriculture and Rural Development on guiding for regulations on certificate of free sale for imports and exports under management of the Ministry of Agriculture and Rural Development

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

CircularNo. 08/VBHN-BNNPTNT dated June 13, 2018 of the Ministry of Agriculture and Rural Developmenton guidelines for regulations on certificate of free sale for imports and exports under management of the Ministry of Agriculture and Rural Development

To amend the Circular No. 63/2010/TT-BNNPTNT dated November 01, 2010 of the Minister of Agriculture and Rural Development providing certificates of free sale for exports and imports under the ministry of agriculture and rural development s management of the Ministry of Agriculture and Rural Development, which comes into force from December 16, 2010 by the followings:

1. Circular No. 19/2011/TT-BNNPTNT dated April 06, 2011 of the Minister of Agriculture and Rural Development amending and annulling a number of regulations on administrative procedures in animal husbandry according to Resolution No. 57/NQ-CP dated December 15, 2010, which comes into force from May 21, 2011;

2. Circular No. 11/2017/TT-BNNPTNT dated May 29, 2017 of the Minister of Agriculture and Rural Development on amendments to a number Articles of legislative documents on functions and duties of entities affiliated to the Ministry of Agriculture and Rural Development, which comes into force from July 18, 2017.

Pursuant to Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government on functions, tasks, power and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of the Decree No. 01/2008/ND-CP; 

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government on detailing the implementation of a number of Articles of the Law on Product and Goods Quality; 

Pursuant to the Law on Technical Regulations and Standards dated June 29, 2006;

Pursuant to Decree No. 127/2007/ND-CP dated August 01, 2007 of the Government on enforcement of a number of Articles of the Law on Technical Regulations and Standards;

Pursuant to Decision No. 10/2010/QD-TTg dated February 10, 2010 of the Prime Minister on regulations on Certificate of Free Sale for imports and exports; 

The Ministry of Agriculture and Rural Development provides guidelines for regulations on Certificate of Free Sale for imports and exports under management of the Ministry of Agriculture and Rural Development with the following contents:

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof regulation

This Circular provides guidelines for issuance of Certificate of Free Sale (CFS) for domestic products for export and management of CFS for imports for sale in Vietnam under management of the Ministry of Agriculture and Rural Development.

Article 2.Subjects of application

This Circular applies to state management agencies, traders, goods producers and organizations and individuals doing business related to product and goods quality in Vietnam under management of the Ministry of Agriculture and Rural Development.

Article 3. Authority to manage CFS for imports; issue CFS for exports

1. The authority to manage CFS for imports and issue CFS for exports is specified in Appendix I issued thereto.

2. Competent authorities specified in Clause 1 this Article shall place a notice of places for trader registration; issuance of CFS for exports and inspection of CFS for imports.

Chapter II

ISSUANCE OF CFS FOR EXPORTS

Article 4. Requirements for issuance CFS for exports

A domestic product for export shall be granted a CFS if all of the following conditions are satisfied:

1. The CFS is applied for by the exporter.

2. The product is granted a certificate of conformity as per provisions of applicable law.

3. The CFS is required by a competent authority of the importing country (if regulated by the importing country).

Article 5. Registration of CFE issuance

1. Procedures:

a) A trader dossier shall be registered with the authority having power to issue CFS (hereinafter referred to as "issuing authority”) as specified in Article 9 of Decision No. 10/2010/QD-TTg dated February 10, 2010 of the Prime Minister. 

b) The trader shall send an application for a CFS to the issuing authority.

2. The application for a CFS shall include:

a) A completed and valid application form for a CFS (according to the form provided in Appendix II.a hereof);

b) A certified true copy of the certificate of standard conformity consistent with provisions of applicable law;

c) Request from the competent authority of the importing country (if any).

3. Application submission

The applicant shall send the application to the issuing authority directly or by post.

Article 6. Document verification and CFS issuance

1. For the case in which the application is found unsatisfactory or invalid:

a) For the application sent by post: The issuing authority shall notify the applicant, in writing, of the necessary addition or revision to the application within 2 working days from the day on which the application is received;

b) For the application submitted in person: The receiving official shall examine the validity thereof. If the application is found invalid, return it and instruct the applicant to complete it.

2. For the case in which the application is found satisfactory and valid as specified in Article hereof:

a) The receiving official shall issue a receipt note (for application submitted in person);

b) The issuing authority shall issue the CFS (made according to the form provided in Appendix III issued thereto or made upon request of the importing country) within 05 working days from the day on which the application is received.  The CFS shall be valid for up to 2 years from the issuance date.

3. In case the product is not eligible for a CFS as prescribed in Article 4 hereof, the issuing authority shall send a written notice with explanation to the applicant.

4. If it is found that application inspection is not adequate for CFS issuance or there is any sign of violations against law related to the CFS previously issued, the issuing authority shall carry out an inspection visit to the production facility or designate an eligible conformity assessment agency to conduct the inspection.   The inspection cost shall be paid by the applicant.

Article 7. Re-issuance of CFS

1. Requirements for CFS re-issuance:

A CFS shall be re-issued if:

a) The original CFS is lost or damage although it is still in effect;

b) The original CFS is damaged to the extent that it cannot be use anymore although it is still valid;

c) Any information provided therein is found incorrect due to faults of the applicant or the issuing authority.

In the cases specified in Point b and c this Clause, it is required to revoke the original CFS when a new one is re-issued.

2. Re-issuance procedures:

a) The applicant for CFS re-issuance shall send an application form provided in Appendix II hereof to the issuing authority;

b) The issuing authority shall inform the applicant of CFS re-issuance if finding any false information in the issued CFS due to fault of the issuing authority.

3. Document verification and CFS re-issuance:

a) The issuing authority shall consider and compare information provided in the application to that in the original document kept by the issuing authority within 04 working days from the day on which the application for re-issuance is received and

- Issue a copy of the CFS for cases specified in Point a and b Clause 1 this Article. This copy shall bear the phrase “CERTIFIED TRUE COPY" and specify the same issuance date and expiration date as those provided in the original CFS.

- Re-issue a new CFS for the case specified in Point c Clause 1 this Article.

b) If no CFS is re-issued, the issuing authority shall send a written notice with clear explanation to the applicant.

Article 8. Revocation of issued CFS

1. The issuing authority shall revoke CFSs in the following cases:

a) The cases specified in Clause 1 Article 14 of Decision No. 10/2010/QD-TTg dated February 10, 2010 of the Prime Minister;

b) The CFS is granted to a product that fails to conform to declared technical regulations.

2. The CFS shall be revoked in accordance with regulations in Clause 2 Article 14 of Decision No. 10/2010/QD-TTg dated February 10, 2010 of Prime Minister. 

Chapter III

MANAGEMENT OF CFS FOR IMPORTS

Article 9. Requirements for CFSs for imports

1. The CFS issued by the competent authority of the exporting country or territory shall provide information prescribed in Clause 2 Article 6 of Decision No. 10/2010/QD-TTg dated February 10, 2010 of the Prime Minister on regulations on Certificate of Free Sale for imports and exports. 

2. If required by the competent regulatory agency specified in Clause 1 Article 3 hereof, the CFS issued by the exporting country or territory shall undergo consular legalization as per law provisions, unless consular legalization is exempted under an international agreement to which Vietnam is a signatory.

Article 10. Imports requiring CFS

1. The list of imports requiring CFS as a basis for issuance of import license or other certificates by competent regulatory agencies as per provisions of applicable law is provided in Appendix IV issued thereto.

2. The CFS may be applied to one or more than on shipment of the same imports as regulated by competent regulatory agencies in Clause 1 Article 3 hereof.

Article 11. CFS inspection

1. CFS is a component of the application for the import license or other certificates as regulated by applicable law for imports and is considered a basis for establishment of relevant management procedures by the competent authority.

2. Competent authorities specified in Clause 1 Article 3 hereof shall carry out inspection of CFSs for imports prescribed in Clause 1 Article 11 hereof.

3. In case of suspicion about the authenticity of CFS for the imports or conformity of the goods with the CFS, the relevant regulatory agency shall request the issuing authority, in writing, to provide information for clarification.

4. The competent regulatory agency may reject CFS of the imports if such CFS is unauthenticated by the issuing authority.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of producers, importers and exporters

1. Prove that the imports/exports satisfy requirements for CFS as requested by competent authorities for issuance, inspection and management of CFS.

2. Take legal responsibility for the authenticity of information provided in the application for a CFS.

3. Take legal responsibility for the authenticity of CFS for imports.

4. Facilitate inspection of CFS application and use in accordance with regulations herein and other relevant law soft provisions. 

Article 13. Responsibilities of authorities having power to check, manage CFS for imports; issue CFS for exports

1. Take charge of disseminating and providing guidelines for issuance of CFS for exports and management of CFS for imports under their authority as specified in Article 3 hereof.

2. Receive and verify applications for a CFS and issue CFS if the exports satisfy requirements for CFS prescribed in Article 6 hereof.

3. Inspect and manage CFS for imports specified in Appendix IV issued thereto.

4. Instruct affiliated units to issue, inspect and manage CFS.

5. Send annual or irregular reports (when requested) on issuance and inspection of CFSs for imports and exports under management to the National Agro Fisheries Quality Assurance Department for consolidation purpose to be submitted to the Ministry.

Chapter V

IMPLEMENTATIONPROVISIONS

Article 14.Effect

This Circular takes effect after 45 days of the signing date.

Article 15. Amendments

Any problem arising on the implementation course should be promptly report to the Ministry of Agriculture and Rural Development in writing for review, amend and supplement.-

United Document Authentication

For Minister

The Deputy Minister

Ha Cong Tuan

APPENDIX I

AUTHORITY TO MANAGE CFS FOR IMPORTS
(Issued together withCircular No. 63/TT-BNNPTNT dated November 01, 2010 of the Ministry of Agriculture and Rural Development)

APPENDIX II.a

APPLICATION FORM FOR A CFS
(Issued together withCircular No. 63/TT-BNNPTNT dated November 01, 2010 of the Ministry of Agriculture and Rural Development)

To: [Name of the issuing authority]

For the purpose of meeting requirements of the importing country, [Name of the organization/trader] requests [Name of the issuing authority] to issue a Certificate of Free Sale (CFS) for goods produced/traded by [Name of the organization] listed below:  

Enclosure (tick √ if any):

I hereby take full legal responsibility for the authenticity of information declared and documents included in the application.  

(Signature and seal of legal representative or authorized person)

APPENDIX II.b

APPLICATION FORM FOR CFS RE-ISSUANCE
(Issued together with Circular No. 63/TT-BNNPTNT dated November 01, 2010 of the Ministry of Agriculture and Rural Development)

To: [Name of the issuing authority]

For the purpose of meeting requirements of the importing country, [Name of the organization/trader] requests [Name of the issuing authority] to re-issue the Certificate of Free Sale (CFS) for goods produced/traded by [Name of the organization] listed below:   

[Name of the organization/I-for individual] hereby request [Name of the issuing authority] to re-issue the CFS for products listed above.

Reason:(Check the appropriate boxes)

            □ * Lost * Missing * Damaged *False information  

I hereby take full legal responsibility for the authenticity of the information declared.

(Signature and seal of legal representative or authorized person)

APPENDIX IV

LIST OF IMPORTS REQUIRING CFS UNDER MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURALDEVELOPMENT
(Issued together withCircular No. 63/TT-BNNPTNT dated November 01, 2010 of the Ministry of Agriculture and Rural Development)