Circular No. 15/2018/TT-BCT dated June 29, 2018 of the Ministry of Industry and Trade on providing the channeling in the process of issuance ofpreferential certificates of origin

CIRCULAR

Providing the channeling in the process of issuance ofpreferential certificates of origin

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

Pursuant to the Government’s Decree No. 31/2018/ND-CP of March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods;

At the proposal of the Director of the Import-Export Department;

The Minister of Industry and Trade promulgates the Circular providing the channeling in the process of issuance of preferential certificates of origin.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the channeling in the process of issuance of preferential certificates of origin (C/O).

Article 2. Subjects of application

This Circular applies to:

1. Traders applying for issuance of preferential C/O;

2. Agencies and organizations issuing preferential C/O under treaties;

3. Related agencies, organizations and individuals.

Article 3. Interpretation of terms

1. Green channel means the priority regime applied in the process of issuance of preferential C/O under which traders are entitled to exemption from submission of documents or reduction of the number of to-be-submitted documents, may submit documents after the prescribed deadline, have  C/O issued within a reduced time limit, and are exempt from physical inspection of goods in the process of applying for issuance of C/O;

2. Red channel means the control regime applied in the process of issuance of preferential C/O under which traders must submit documents proving the origin of goods for all goods lots and may be requested to provide goods for physical inspection in the process of applying for issuance of C/O;

3. Ordinary channel means the current regime applied in the process of in issuance of preferential C/O under the Government’s Decree No. 31/2018/ND-CP of March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods (below referred to as Decree No. 31/2018/ND-CP) and relevant guiding documents.

Chapter II

THE GREEN CHANNEL REGIME

Article 4. Criteria for identification of traders eligible for application of the green channel regime

To be eligible for application of the green channel regime in the process of issuance of preferential C/O, a trader must meet the following criteria:

1. The trader is recognized by the Ministry of Industry and Trade as prestigious exporter; or

2. The trader is recognized by the Ministry of Finance as enterprise entitled to priority in state management of customs; or

3. The trader meets the following conditions:

a/ Law observance: having committed no violations of regulations on origin of goods in 2 years preceding the time of applying for application of the green channel regime;

b/ Dossier retention: having a dossier retention system (paper dossiers and electronic dossiers) so as to be able to prove the authentication of C/O and origin of goodsthroughout the dossier retention period as prescribed in Decree No. 31/2018/ND-CP;

c/ Experience in use of preferential C/O: conducting e-declaration of C/O via the electronic certificate of origin management and issuance system  (www.ecosys.gov.vn) and applying for issuance of at least 30 sets of preferential C/O  per year.

Article 5. Priorities under the green channel regime

1. Priority regarding dossier of application for issuance of preferential C/O

a/ A trader eligible for application of the green channel regime will be entitled to exemption from submission of documents or reduction of the number of to-be-submitted documents in the dossier of application for issuance of preferential C/O prescribed in Clause 1, Article 15 of Decree No. 31/2018/ND-CP as follows:

- The trader is not required to submit only the documents prescribed at Points a and b, Clause 1, Article 15 of Decree No. 31/2018/ND-CP in paper version.

- The trader may submit the documents prescribed at Points c thru e, Clause 1, Article 15 of Decree No. 31/2018/ND-CP in electronic version;

- The trader is not required to submit the documents prescribed at Points g thru i, Clause 1, Article 15 of Decree No. 31/2018/ND-CP.

2. Priority regarding late submission of documents

A trader eligible for application of the green channel regimemay extend the time limit for submission of documents allowed to be submitted lateunder Clause 3, Article 15 of Decree No. 31/2018/ND-CP to 45 working days from the date of issuance of a C/O.

3. Priority regarding the time limit for issuance of preferential C/O

The time limit for processing a dossier of application for issuance of preferential C/O of a trader that is eligible for application of the green channel regime and submits dossiers in paper version is 6 working hours from the receipt of a complete and valid dossier.

4. Priority regarding physical inspection of goods and production establishments