Chương III: Thông tư 06/2011/TT-BCT Thủ tục đề nghị cấp c/o và cấp c/o

Chapter III

PROCEDURES OF REQUEST FOR C/O

Article 10. Filing dossier requesting for C/O 

1. Traders who request for C/O for the first time can file trader dossier simultaneously with dossier of request for C/O.

2. Traders file directly dossier requesting for C/O or send by post to head office of the Organization of issuing C/O where traders registered its dossier.

3. Traders may select the request for C/O via the Internet according to provision in Chapter IV of this Circular.

Article 11. Receipt of dossier requesting for C/O

Upon receiving the written records of trader to send, receiving official shall be responsibility for receiving dossiers and examining records and notifying to trader one of the following contents:

1. To accept to issue C/O and time that trader will receive C/O;

2. To request for supplementing documents (stating specifying documents need to be supplemented);

3. To request for re-checking documents (stating specifying the information need to be checked if any authenticated, specific evidence used as a basis for the proposed checking);

4. To refuse issuing C/O if detecting one of the following cases:

a) Applicant for C/O has not conducted registration of trader dossier;

b) Applicant for C/O not in compliance with provision in 9;

c) Applicant for C/O has not filed owned documents from previous C/O issuances;

d) Applicant for C/O cheats of the origin from previous C/O issuances and the case has not resolved yet;

đ) Applicant for C/O fails to supply in full archiving dossier according to provision to evidence the origin when the Organization of issuing C/O conducts post- examination of the origin;

e) The dossier with conflict of contents;

g) C/O shall be declared in red ink, written, or erased, or faded out, or printed in different colored ink;

h) There are clear, legitimate grounds evidencing that goods have not got origin in accordance with the law.

Article 12. Methods of Notification, guidelines for traders 

The notification and guidance to traders must be done in the fastest and most convenient way.

1. For traders who filed dossier requesting for C/O directly to the head office of the Organization of issuing C/O, such organization must notify in writing, stating clearly contents need to notify to traders as defined in Article 11 and return to the applicants for C/O.

2. For traders who filed dossier requesting for C/O by post, the Organization of issuing C/O must notify by fastest method to traders by telephone or email, stating clearly contents need to notify to traders as defined in Article 11. The notification contents by telephone must be recorded and archiving in dossier, with date, time of notification and certified signature of leader of the Organization of issuing C/O.

Article 13. Time of issuing C/O

1. Except for cases as provided in clause 2 and 3 this Article, C/O is issued for a period as follows:

- Not more than four hours from the time that the C/O applicants apply complete and regular dossier in case of exporting by air traffic;

- Not more than eight hours from the time that the C/O applicants apply complete and regular dossier in case of exporting by other means;

- For the cases traders filed dossier by post, time to issue C/O is one working day since the date of receipt written on the envelope.

2. In case traders commit violations of the origin of goods in the period of 6 months since the date of handling violations, the Organization of issuing C/O lists publicly these traders at the issuance place. Time for issuing C/O for these traders is 3 working days since the date of applying complete and regular dossier. After 6 months from the date of handling violations, if the trader has no act of violations of origin, the Organization of issuing C/O will review and delete traders’ names from the list of violations. Traders who are deleted from the list of violations will be applied the time of issuing C/O specified in Clause 1 of this Article.

3. The Organization of issuing C/O can conduct to examine at the manufacture in case there are clear grounds that the examination based on dossier is not sufficient for issuing C/O or detecting signs of law violations for the C/O previously issued. When setting up the inspection team at the manufacture of trader, The Organization of issuing C/O must send a written request to trader requesting for examination and send a copy to the Ministry of Trade and Industry (Import and Export Department).

Inspectors of the Organization of issuing C/O will make a minute on the results of the examination and require the applicant and/or the exporters to co-sign in the minute.

In case the applicant and/or the exporters refuse to sign, the inspectors must state clearly such refusal reason and sign in the minute.

Time limit for the issuance of C/O in this case not exceed 5 working days since the date the applicant submits a complete and regular dossier.

4. During the review process for C/O issuance, if detecting that goods do not meet the origin or the dossier is invalid, the Organization of issuing C/O notifies to applicant according to clause 2 and 3 Article 11.

5. Verification time limit must not obstruct the delivery to or payment by the exporter, except for the fault of the exporter.

Article 14. Withdrawal of issued C/O 

The Organization of issuing C/O withdraws issued C/O in the following cases:

1. The exporters, applicants for C/O issuance forged documents.

2. Issued C/O is not appropriate with provisions on the origin.

3. Traders requesting for C/O notify in writing to request for canceling the issued C/O.