Circular No. 10/2009/TT-BCT dated May 18, 2009 of the Ministry of Industry and Trade on implementation of the rules of origin provided in the Agreement between the Socialist Republic of Vietnam and Japan for an economic partnership

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Issuing body:	Ministry of Industry and Trade	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	10/2009/TT-BCT	Signer:	Nguyen Thanh Bien
Type:	Circular	Expiry date:	Updating
Issuing date:	18/05/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Foreign affairs

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THE MINISTRY OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 10/2009/TT-BCT	Hanoi, May 18, 2009

CIRCULAR

ON IMPLEMENTATION OF THE RULES OF ORIGIN PROVIDED IN THE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND JAPAN FOR AN ECONOMIC PARTNERSHIP

THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership concluded on December 25, 2008, in Tokyo, Japan;
Pursuant to the Government's Decree No. 19/ 2006/ND-CP of February 20, 2006, detailing the Commercial Law regarding origin of goods;
The Ministry of Industry and Trade prescribes the implementation of the rules of origin provided in the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Interpretation of terms

1. The Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership (below referred to as the VJEP Agreement) is an agreement concluded on December 25. 2008. in Tokyo. Japan.

2. Certificate of origin, form VJ. (below referred to as C/O) means a C/O issued by a C/O issuer to export goods satisfying the requirements specified in this Circular.

3. Vietnamese issuer of C/O, form VJ (below referred to as C/O issuer) means organizations specified in Annex 12 to this Circular.

4. Applicant for C/O. form VJ (below referred to as C/O applicant), means an exporter, producer or representative with a lawful power of attorney of an exporter or producer.

5. eCOSys means Vietnam's electronic system for management and issuance of certificates of origin, with the website address of http://www.ecosys.gov.vn.

6. Contracting parties mean Vietnam and Japan.

Article 2. Goods eligible for C/O issuance

Goods eligible for C/O issuance means originating goods specified in Annex 1 to this Circular.

Article 3. Responsibilities of C/O applicants C/O applicants shall:

1. Register trader dossiers with C/O issuers under Article 5;

2. Submit C/O application dossiers to C/O issuers;

3. Demonstrate that their export goods satisfy requirements of origin, and create favorable conditions for C/O issuers to verify the origin of these goods;

4. Take responsibility before law for the accuracy and truthfulness of their declarations related to C/O application, even in case they are authorized by exporters;

5. Promptly report to C/O issuers in localities where they are located on C/O issued by Vietnamese C/O issuers which are rejected by importing countries (if any);

6. Facilitate the verification by C/O issuers at production establishments or places where export goods are grown, cultured, harvested and processed;

7. Prove the truthfulness of the origin of export goods at the request of the Ministry of Industry and Trade. C/O issuers or domestic customs offices or customs offices of importing countries.

Article 4. Responsibilities of C/O issuers C/O issuers shall:

1. Guide C/O applicants when requested;

2. Receive and examine trader dossiers and C/O application dossiers;

3. Verify the real origin of goods when necessary;

4. Issue C/O when goods satisfy the requirements of origin in this Circular and C/O applicants comply with Article 3;

5. Send specimen signatures of persons authorized to sign C/O and specimen seals of C/ O issuers to the Ministry of Industry and Trade (the Import and Export Department) under the Ministry of Industry and Trade's regulations for registration with competent Japanese authorities;

6. Settle complaints about the C/O issuance according to their competence;

7. Re-verify the origin of export goods at the request of competent authorities of importing countries;

8. Exchange information relating to the C/O issuance with other C/O issuers;

9. Send reports to and respond to other requests under regulations of the Ministry of Industry and Trade.

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Circular No. 10/2009/TT-BCT dated May 18, 2009 of the Ministry of Industry and Trade on implementation of the rules of origin provided in the Agreement between the Socialist Republic of Vietnam and Japan for an economic partnership

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