Công văn 0812/XNK-XXHH năm 2020 về hướng dẫn về chứng từ chứng nhận xuất xứ trong EVFTA do Cục Xuất nhập khẩu ban hành

To: Business and industry associations

On June 15, 2020, the Minister of Industry and Trade promulgated Circular No. 11/2020/TT-BCT on Rules of origin under European Union–Vietnam Free Trade Agreement (EVFTA). In implementation of Circular No. 11/2020/TT-BCT, the Agency of Foreign Trade - Ministry of Industry and Trade guides certificate of origin (C/O) under EVFTA as follows:

1. Declare on www.ecosys.gov.vn for C/O issued by agencies, organizations authorized by Ministry of Public Security:

a. Pursuant to Point a Clause 2 Article 19 of Circular No. 11/2020/TT-BCT, for shipments whose value exceeds 6.000 Euro, C/O issued by agencies and organizations authorized by Ministry of Industry and Trade shall apply. Procedures for declaring and certifying C/O form EUR.1 shall be similar to those of currently available C/O forms.

b. The declaration of C/O form EUR.1 shall be implemented following specific guidelines under Appendix attached hereto.

2. Declare on www.ecosys.gov.vn for cases where enterprises issue self-certification of origin:

a. Pursuant to Point b Clause 2 Article 19 of Circular No. 11/2020/TT-BCT, regarding shipments whose value does not exceed 6.000 Euro, any importer is eligible for self-certifying goods origin.

b. The report and upload of self-certification of origin and documents related to export shipments shall be implemented by enterprises that self-certify goods origin in accordance with Clause 7 Article 25 of Circular No. 11/2020/TT-BCT.

3. In case traders export to the United Kingdom, they shall declare using only C/O form EUR.1 or issue self-certification of origin in accordance with Section I and Section II hereof until December 31, 2020 inclusive.

For more information, please contact: Goods Origin Department - Agency of Foreign Trade; Tel: 024.2220.5444/2468; email: [email protected])./.

APPENDIX I

GUIDING DECLARATION OF VIETNAM'S C/O FORM EUR.1(attached to Official Dispatch No. 812/XNK-XXHH dated July 30, 2020)

Vietnam’s C/O form EUR.1 must be filled in and typed in English. C/O is filled in as follows:

1. The topmost field to the right: reference number (filled in by agency, organization that issues the C/O). Reference number contains 16 characters which can be separated into 5 groups, to be specific:

a) Group 1: an abbreviation of name of the exporting country, which is Vietnam, containing 2 characters “VN”.

a) Group 2:

- An abbreviation of name of the importing state member of the EU and containing any of the following 2 characters:

- If the final importing country has not been identified at the time of export, type “EU” which is short for the European Union.

- Abbreviations of countries, groups of countries, and territories under Chapter IV of Circular No. 11/2020/TT-BCT dated June 13, 2020 of the Minister of Industry and Trade and containing any of the following 2 characters:

c) Group 3: year of issue of C/O and containing 2 characters. For example: a C/O issued in 2020 will be declared as “20”.

d) Group 4: code of agency, organization that issues the C/O and containing 2 characters. List of agencies and organizations issuing C/O are specified under Appendix VIII attached to Circular No. 11/2020/TT-BCT. This list is updated on www.ecosys.gov.vn in case of any change.

dd) Group 5: order of issue of the C/O, including 5 characters.

e) A dash “-” separates group 1 and group 2; a slash “/” separates group 3 and group 4, group 4 and group 5.

For example: If the Import - Export Management Office of Ho Chi Minh City issues a C/O which is the 6th C/O that has been issued for a shipment exported to the Federal Republic of Germany in 2020, the reference number of this C/O will be: “VN-DE 20/02/00006”.

2. Field No. 1: trade name and full address of exporter and name of exporting country (Vietnam).

3. Field No. 3: consignee (name, full address, and country). If information of consignee is unavailable at the time of export, use information of the foreign trader who signs the sale contract or toll manufacturing contract with the Vietnamese exporter.

4. Field No. 4: name of country, or group of country, or territory of origin.

5. Field No. 5: name of importing country, or group of country, or territory.

If the final importing country remains unidentified at the time of export, use “EU”.

6. Field No. 6: date of departure, name of transport (type “By air” when sending goods via airway or type name of the vessel when sending goods via seaway) and name of container terminal.

If container terminal remains unidentified at the time of export, use information of transit port.

7. Field No. 7: ISSUED RETROSPECTIVELY, DUPLICATE or other notes (if any).

In case Article 22 of Circular No. 11/2020/TT-BCT is applied, trader shall type date and place of export and include reason. This information is shown only on Application for C/O and is not shown on the C/O form EUR.1.

8. Field No. 8: order number of commodities (each commodity has a separate number), code, number of packages, type of packages, commodity description, and HS code (6 digits).

9. Field No. 9: gross weight of goods (or in other units of measurement).

10. Field No. 10: number, date of issue of commercial invoice, and value of shipment.

11. Field No. 11: for agency, organization issuing C/O.

- The first and second lines: leave blank.

- The third line: abbreviation of agency, organization issuing C/O as specified under Appendix attached hereto.

- The fourth line: Viet Nam.

- The fifth line: location and date of C/O issue.

- The sixth line: full name and signature of individual entitled to sign the C/O.

12. Field No. 12:

- The first line: location and date of C/O application.

- The second line: full name and signature of individual signing C/O application.

13. Field No. 13: for use by competent authority of importing state member.

14. Field No. 14: for use by agency, organization issuing C/O to specify origin verification results.

15. Regarding “optional” fields (Field No. 3, No. 6, and No. 10) and HS field (Field No. 8), the trader has the right to disclose or withhold these pieces of information on C/O form EUR.1. However, these pieces of information shall be available on C/O Application in order to verify goods origin.

16. Regarding origin rules: Origin rules must be shown under Export declaration using form under Appendices attached to Circular No. 05/2018/TT-BCT dated April 3, 2018 of Minister of Industry and Trade on goods origin. To be specific:

- Under the “Applied rules” Section on the top right corner of the Export declaration: Type “PSR”.

- Under the “Conclusion” Section: specify origin rules in accordance with Appendix II attached to Circular No. 11/2020/TT-BCT.

APPENDIX II

LIST OF VIETNAMESE AGENCIES AND ORGANIZATIONS ISSUING C/O FORM EUR.1(attached to Official Dispatch No. 812/XNK-XXHH dated July 30, 2020)

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