Joint Circular No. 22/2001/TTLT-BTM-TCHQ dated October 2, 2001 of the Ministry of Trade and the General Department of Customs additionally adjusting Joint-Circular No. 09/2000/TTLT-BTM-TCHQ dated April 17, 2000 which guides the identification and checking of goods origin

JOINT CIRCULAR

ADDITIONALLY ADJUSTING JOINT-CIRCULAR NO. 09/2000/TTLT/BTM-TCHQ OF APRIL 17, 2000 WHICH GUIDES THE IDENTIFICATION AND CHECKING OF GOODS ORIGIN

Pursuant to the Customs Ordinance of February 20, 1990;

At the proposal of the Minister of Planning and Investment in Official Dispatch No. 6275/BKH/QLDA of October 11, 2000;

In order to create favorable conditions for enterprises to conduct import according to the agreement on the Most Favored Nation status between Vietnam and foreign countries,

The Ministry of Trade and the General Department of Customs hereby agree to adjust a number of provisions on the checking of import goods origin, stipulated in Joint Circular No. 09/2000/TTLT/BTM-TCHQ of April 17, 2000, as follows:

1. To adjust Clause 1 of Section II on the Vietnamese agencies which are competent to issue certificates of origin (C/O), as follows:

a/ Certificates of goods origin (C/Os) are issued by the agencies or organizations designated by the Government.

b/ Certificates of goods origin (C/Os) for goods manufactured in industrial parks or export-processing zones are issued by industrial parks’ or export-processing zones’ Managing Boards under the authorization of the agencies designated by the Government.

2. To annul Clauses 2 and 4 of Section II; Clause 3 of Section II is amended as follows:

2. Checking of certificates of origin:

Not to check certificates of origin for exported goods. Enterprises shall bear self-responsibility to their partners for the goods origin under the sale-purchase contracts signed between the two parties.

3. To add Point f to Clause 2 of Section III on cases where import C/Os must not be produced, as follows:

f/ Enterprises that import goods (excluding machinery, equipment or transport means) having originated from the countries which Vietnam has rendered the Most Favored Nation (MFN) status to and have long-term sale-purchase contracts of 6 months or more, must produce to the customs offices the certificates of origin only for the first importation. For the subsequent goods lots of the same type under the above-said contracts, the enterprises shall not have to produce the certificates of origin, but must commit to bear their responsibility before law for the origin fraud. In cases where the customs offices detect any fraud in the certificates of origin, the whole goods lot shall be handled according to the provisions of law.

4. To amend Point a, Clause 4 of Section III on the mode and form of C/Os as follows:

a/ C/Os submitted to the customs offices must be the originals containing the following principal contents:

- The name and address of the exporter; the exporting country;

- The name and address of the importer; the importing country;

- The goods type, volume or weight;

- The goods origin;

- The C/O-issuing organization (the organization’s name, the date of issuance, and stamp).

This Joint-Circular takes effect 15 days after its signing.