Chương II: Thông tư 06/2011/TT-BCT Hồ sơ thương nhân và hồ sơ đề nghị cấp c/o

Chapter II

TRADER DOSSIER AND DOSSIER REQUESTING FOR C/O

Article 7. Registration of trader dossier 

1. Applicants for C/O must register trader dossier with the Organization of issuing C/O when requesting for so for the first time and shall be considered only when trader dossier registered.

2. Trader dossier shall be handed in directly or by post to head office of the Organization of issuing C/O.

3. Trader dossier comprises:

a) Registration of specimen signatures of authorized persons to sign in the application form for C/O, sign C/O and seal sample of trader (Annex 1);

b) Certified true copy of business registration certificate of trader;

c) Certified true copy of certificate of tax code registration (if any);

d) List of units of manufacturing goods (if any) request for C/O (Annex 2).

4. Any change to trader dossier must be notified to the Organization of issuing C/O in which registered before requesting for C/O. In case there is not any change, trader dossier must also updated twice (02) per year.

Article 8. Changing place of issuing C/O

1. If trader would like to be issued C/O at the place where is different from the one previously registered trader dossier due to force majeurs or legitimate reason, applicants for C/O must register trader dossier and hand in the following dossier to the Organization of issuing new C/O:

a) Letter dispatch requesting for C/O at the Organization of issuing new C/O;

b) Written confirmation or the printing of notification on the eCOsys of the Organization of issuing previous C/O for the matter that trader is no longer owning such Organization any documents from the times of being issued previous C/O, without committing violation of provisions of this Circular within 06 months forward since the date of having written request for changing place of issuing C/O.

2. Legitimate reasons for being requested to issue C/O at the place where is different from the one registered previous trader dossier, include:

a) Convenience for traders to export goods;

b) Other appropriate reasons supplied by traders.

Article 9. Dossier requesting for C/O issuance 

1. For the enterprises manufacturing and exporting fixed products and handed in set of previous detail dossier referred in clause 2 of This Article, dossier requesting for C/O comprises:

a) Written request for C/O which is declared completely and regularly (Annex 3);

b) Correlative C/O form declared completely;

c) A copy of customs declarations completed customs formalities (with seal of certified true copy of enterprise). The cases that exporting goods must not make customs declarations under regulations of law shall not hand in the copy of customs declarations;

d) A copy of trading invoice (with seal of certified true copy of trader);

đ) A copy of bill of lading or a copy of correlative lading document (with seal of certified true copy of traders) if traders have not got bill of lading (B/L). In case of issuing back-to-back C/O to the whole or part of goods lot from free duty zone into domestic market, such documents may not be compelled to hand in if traders have not got in reality;

e) Detailed calculation of regional value content (for the criterion of regional value content) or detailed statements of the HS of the input and the HS of the output (for criteria of conversion of goods code or the criteria for specific processing)

In case there is not a copy of customs declarations completed customs formalities and B/L (document corresponding to B/L), applicants for C/O may be owned such documents but not exceed 15 working days since the date of being issued C/O.

2. For traders who request for C/O for the first time or new products are exported for the first time, besides the above mentioned documents, in the necessary case, Organization of issuing C/O may examine in reality at the manufacture of trader and require the applicants to hand in more following papers, documents under forms of copy with seal of certified true copy of traders:

a) Process of producing goods;

b) Customs declarations of exporting raw material, auxiliary materials used to produce goods for export (in cases where the use of raw materials, auxiliary materials imported during the production process);

c) Purchase contract or value added invoice purchasing and selling raw materials, auxiliary materials in domestic (in cases where the use of raw materials, auxiliary materials purchased in domestic during the production process);

d) Seller's certification or certification by the local government where is producing raw materials and goods (in cases where the use of raw materials, auxiliary materials purchased in domestic during the production process) in case there is not documents referred point  c clause 2 of This Article;

đ) Permission of export (if any);

e) Other necessary papers, documents.

3. HS code of goods declared on C/O is the HS code of import country. In case HS code of import country is different from HS code of the export country, trader should make the commitment to take responsibility for the accuracy of HS code of import country declared by trader.

4. Papers, documents referred in clause 2 of this Article are valid within 02 years since the date of handing in dosser to Organization of issuing C/O. After this period, traders must submit their detailed referred in clause 2 of This Article to update new information on production processes, raw materials used for producing goods and other information.

5. Traders must archive papers, documents of each exporting goods lot referred in clause 1, 2 of This Article within 03 years since the date of issuing C/O in order to show to Organization of issuing C/O for later examination on the origin of goods lots issued C/O.

6. In case traders export more new goods without filing detail dossier, traders must submit additional detailed records as provided in clause 2 of this Article for such goods.

7. The Organization of issuing C/O may require traders to provide originals of the copies referred to in clauses 1, 2 of this Article for comparison in case there are clear grounds to doubt the authenticity of the documents and must state such basis in writing, with signature of  competent person to sign C/O in such written requests.

8. The Organization of issuing C/O may require traders to provide originals of the copies referred to in clauses 1, 2 of this Article for comparison randomly.