From July 16, 2022: Re-issuance of electronic C/O must be done within 01 year from the date of initial issuance of electronic C/O?
The latest electronic C/O regulations today?
Pursuant to Article 29, Appendix I promulgated together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 27. Electronic C/O
1. To ensure interchangeability, Member States exchange C/O data electronically in accordance with the document “Instructions on Implementation of Messages and Specification for Handling Electronic C/O Form D ATIGA death". This manual may be updated from time to time.
2. In the event that a Member State does not wish to implement all the electronic processes and related information criteria set forth in the document “Guidelines for the Implementation of Messages and the Model C/O Processing Specification Electronic D ATIGA”. That Member State shall notify the other Member States, through the ASEAN Secretariat, of the relevant electronic processes and information indicators that it wishes to implement.
Accordingly, in order to ensure the ability to exchange information, the member countries of the ASEAN Trade in Goods Agreement shall exchange C/O data electronically according to the guiding documents specified above. In the event that a Member State does not wish to implement all the processes and targets set forth in the above document, it shall notify the remaining Member States and the ASEAN Secretariat of the electronic processes and targets that are not available to them. this member country wants to do.
From July 16, 2022: Re-issuance of electronic C/O must be done within 01 year from the date of initial issuance of electronic C/O?
How is the issuance of electronic C/O according to the latest regulations done?
According to Article 29, Appendix I promulgated together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 29. Issuance of electronic C/O
1. In exceptional cases, the exporter may request the C/O issuer to re-issue the electronic C/O within 1 year from the date of the initial issuance of the electronic C/O.
2. In addition to the provisions of the document "Instructions on Implementation of Messages and Specifications for Processing Electronic C/O Form D ATIGA", an electronic C/O can be sent directly to NSW by the exporting Member State. The Exporter has the Exporter send directly to the Importer or NSW of the importing Member State sends the Electronic C/O directly to the Importer.
3. In exceptional cases such as data loss caused by technical failure, the Member State receiving the electronic C/O may request the Member State sending the electronic C/O to retransmit the electronic C/O.
4. The modification of the electronic C/O is done by issuing a new electronic C/O and the previous electronic C/O is canceled according to the process specified in the document "Message and Specification Implementation Guide" processing C/O form D electronic ATIGA”.”
Thus, in case of application for electronic C/O, it must be done within 01 year from the date of initial issuance of electronic C/O. In case there is a change of information leading to an amendment of the issued electronic C/O, it shall be done by issuing a new electronic C/O and canceling the previously issued electronic C/O.
Regulations on presenting the latest electronic C/O in 2022?
Pursuant to Article 30, Appendix I promulgated together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 30. Electronic C/O presentation
1. In order to enjoy tariff preferences, at the time of carrying out import procedures, the importer must declare information about the reference number of the electronic C/O on the import customs declaration, and submit it with other documents. evidence (such as commercial invoices and bills of lading issued in the territory of the exporting Member State in the case of goods being transported through the territory of one or more intermediaries other than the Member State) as provided for in Article 21 of this Annex) and other documents as may be required by the laws of the importing Member State.
2. The customs authority of the importing Member State may generate an electronic customs response showing the use of the electronic C/O in accordance with the message implementation guidelines for the electronic customs response. specified in the document "Message Implementation Guide and Electronic ATIGA Form D C/O Processing Specification.” The usage status, if generated, will be transmitted electronically via the ASW to the agency. C/O issuing authority of the exporting Member State immediately after importation or when an electronic customs response is generated, within the validity period of the electronic C/O.
3. In the event that the electronic C/O is rejected by the customs authority of the importing Member State, the customs authority of the importing Member State shall:
a) Generate an electronic customs response showing the refusal and the reasons for the refusal, including the reason for the denial of preferential tariff treatment according to the document "Message Implementation Guide and Handling Specification C /O form D electronic ATIGA.” The customs response, if generated, will be transmitted electronically through the ASW to the exporting Member State's C/O issuing authority within a period of time. reasonable but not later than 60 days from the date of receipt of the electronic C/O; or
b) In the event that the provisions of subparagraph a of this paragraph do not apply, the customs authority of the importing Member State may notify the C/O issuing authority of the exporting Party in writing. reasons for refusal of preferential tariff treatment together with the reference number of the electronic C/O within a reasonable period of time but not exceeding 60 days.
4. In the event that an electronic C/O is refused under the provisions of paragraph 3 of this Article, the customs authority of the importing Member State may accept and consider the explanations of the C/O issuing organization and evaluate re-evaluate whether the electronic C/O is accepted for preferential treatment or not. The explanations of the C/O issuer shall be detailed and explain the issues raised by the importing Member State in order to refuse to grant preferential treatment.”
Accordingly, when importing, the importer must declare information about the reference number of the electronic C/O on the import customs declaration and submit the attached supporting documents and other documents according to regulations. of the importing Member State to enjoy preferential tariff treatment.
Circular 10/2022/TT-BCT will take effect from July 16, 2022.
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