Circular No. 21/2020/TT-BTTTT the grant of certificate of free sale for goods in information technology field

CIRCULAR

Providing the grant of certificates of free sale for goods in the field of information and communications^[1]

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Department of Information Technology,

The Minister of Information and Communications promulgates the Circular providing the grant of certificates of free sale for goods in the field of information and communications.

Article 1. Scope of regulation

1. This Circular prescribes in detail the grant of certificates of free sale (CFS) for goods on the list of goods subject to CFS management by the Ministry of Information and Communications, covering agencies processing dossiers of application for CFS; CFS application form; forms of requests for modification, supplementation and re-grant of CFS; and CFS forms.

2. The Ministry of Information and Communications shall grant CFS for exported goods on the list of goods subject to CFS management by the Ministry of Information and Communications specified in Appendix V to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management (below referred to as Decree No. 69/2018/ND-CP).

3. Traders are not required to submit CFS with HS codes of imported goods on the list of goods subject to CFS management by the Ministry of Information and Communications specified in Appendix V to Decree No. 69/2018/ND-CP.

Article 2. Subjects of application

This Circular applies to state management agencies; traders engaged in goods export and import in the field of information and communications, and related organizations and individuals.

Article 3. Process of granting CFS for exported goods

1. The process and procedures for granting CFS for exported goods at the request of traders must comply with Article 11 of Decree No. 69/2018/ND-CP.

A trader shall submit 1 dossier specified in Clause 1 of this Article directly or by post to the Ministry of Information and Communications at No. 18 Nguyen Du street, Hai Ba Trung district, Hanoi, or via the network to the National Public Service Portal (http://dichvucong.gov.vn) or Public Service Portal of the Ministry of Information and Communications (http://dichvucong.mic.gov.vn).

2. The application form for CFS is provided in Appendix I to this Circular.

3. The form of CFS to be granted to exporters is provided in Appendix III to this Circular. In case an importing country requests a trader to submit a CFS made according to the CFS form specified by that country, the Ministry of Information and Communications shall base itself on the form requested to grant a CFS.

4. Agencies processing dossiers of application for CFS:

- For press products: Authority of Press.

- For publication products: Authority of Publication, Printing and Distribution.

- For postal and mail delivery products: Department of Posts.

- For electronic and information technology products: Department of Information Technology.

- For telecommunications equipment and radio transmitters and transceivers: Authority of Telecommunications.

5. If wishing to have its CFS modified, supplemented, or re-granted because it is lost or misplaced, a trader shall comply with Point e, Clause 3, Article 11 of Decree No. 69/2018/ND-CP of May 15, 2018.

Written requests for modification and supplementation or re-grant of CFS shall be made according to the form provided in Appendix II to this Circular. Dossier recipient: the Ministry of Information and Communications.

Article 4. Responsibilities of agencies processing dossiers of application for CFS and exporters of goods in the field of information and communications

1. Agencies processing dossiers of application for CFS shall:

a/ Organize the dissemination of and provide guidance on procedures for grant of CFS for exported goods in the field of information and communications;

b/ Receive and examine validity of dossiers of application for CFS in accordance with law, and report them to the Ministry of Information and Communications for consideration and decision.

2. Exporters of goods in the field of information and communications shall:

a/ Comply with guidance of CFS management agencies and this Circular;

b/ Take responsibility before the current laws for accuracy and authenticity of declarations related to applications for CFS for exported goods in the field of information and communication.

Article 5. Effect

This Circular takes effect on October 26, 2020.

Article 6. Organization of implementation

1. Heads of agencies and units of the Ministry of Information and Communications and organizations and individuals engaged in export and import of goods in the field of information and communications shall implement this Circular.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Information and Communications (the Department of Information Technology) for timely guidance and settlement.-

Minister of Information and Communications
NGUYEN MANH HUNG

* The Appendices to this Circular are not translated.