09:43 | 03/11/2022

What are the regulations on the application form for a Certificate of Free Sale for goods in the field of information and communication?

What are the regulations on the application form for a Certificate of Free Sale for goods in the field of information and communication in Vietnam? - Question of Mr. Thanh in Hanoi.

What are the regulations on the application form for a Certificate of Free Sale for goods in the field of information and communication?

Currently, the application form for Certificate of Free Sale (CFS) specified in Appendix I enclosed with Circular 21/2020/TT-BTTTT of Vietnam is as follows:

Download the application form for a Certificate of Free Sale for goods in the field of information and communication: Click here.

What are the regulations on the application form for a Certificate of Free Sale for goods in the field of information and communication?

What are the regulations on the application form for a Certificate of Free Sale for goods in the field of information and communication?

Which agency issues a Certificate of Free Sale in the field of information and communication?

Pursuant to Article 3 of Circular 21/2020/TT-BTTTT of Vietnam on the procedures for issuance of CFS to exported goods as follows:

- Procedures for issuance of CFS to exported goods upon request of firms/companies/manufacturers are specified in Clause 3 Article 11 of Decree No. 69/2018/ND-CP of Vietnam:

+ An application form for CFS, stating description and HS head of the good, number of certificate of conformity with standards or registration number, standard number (if any), content of compounding materials (if any), and importing country: 1 original, expressed in Vietnamese and English.

+ Investment certificate or business registration certificate, business registration certificate: 1 copy bearing the trader's stamp.

+ List of manufacturing facilities (if any), including name and address of facilities, products manufactured for export: 1 original.

+ A document of applied standards for the good enclosed with display (on label or packages or packaging manual thereto): 1 copy bearing the trader's stamp.

- The firm/company/manufacturer shall submit 01 set of application specified in clause 1 in person or by post to the Ministry of Information and Communications, at: 18 Nguyen Du, Hai Ba Trung district, Hanoi city or through national public service portal (http://dichvucong.gov.vn) or online public service system of the Ministry of Information and Communications (http://dichvucong.mic.gov.vn).

- Currently, the law stipulates that the agency handling the dossier for CFS issuance in the field of information and communication belongs to the agencies corresponding to each product group as follows:

+ Press products: Press Department.

+ Publications: Department of Publishing, Printing and Release.

+ Post and courier products: Postal Department.

+ Electronics and information technology products: Department of Information Technology.

+ Telecommunication devices; radio transmitters and receivers: Vietnam Telecommunications Authority.

- If the required documents are incomplete or invalid, the CFS issuing authority shall, within 3 working days from the date on which the application is received, notify the trader of deficiencies and allow the trader to correct the deficiencies.

- If the required documents are complete and valid, the issuing authority shall issue the CFS within 3 working days from the receipt date. If the application is rejected, the CFS issuing authority shall provide explanation in writing.

- If the trader wishes to amend the CFS or have the CFS which is lost replaced, it shall send an application for amendment or replacement and required documents to the CFS issuing authority. Within 3 working days from the date on which a complete and valid application is received, the CFS issuing authority shall consider amending the CFS or grant a duplicate to the trader.

What are the responsibilities of issuing authorities of CFS and exporters of products in the field of information technology and communications?

Pursuant to Article 4 of Circular 21/2020/TT-BTTTT of Vietnam on the responsibilities of issuing authorities of CFS and exporters of products in the field of information technology and communications as follows:

- Issuing authorities:

+ Raise awareness and provide guidance on procedures for issuance of CFS for exported products in the field of information technology and communications;

+ Receive and verify eligibility of application for CFS as prescribed by law, and report to the Ministry of Information and Communications for consideration.

- Exporters of products in the field of information technology and communications shall:

+ Abide by guidance of CFS authorities and this Circular:

+ Take legal liability for accuracy and truthfulness of declaration in the application for CFS for products in the field of information technology and communications.

What contents must be included in the CFS of products in the field of information technology and communications?

Pursuant to Clause 3, Article 10 of Decree 69/2018/ND-CP of Vietnam, the CFS of products in the field of information technology and communication must at least contain the following information:

Certificate of Free Sale for imported goods
3. A CFS must at least contain:
a) Name of CFS issuing authority.
b) CFS number and date of issue.
c) Goods eligible for CFS.
d) Type or category of goods eligible for CFS.
dd) Manufacturer’s name and address.
e) The CFS clearly indicates that the goods are produced and freely sold in the market or the country of production or the country by which the CFS is issued.
g) Full name and signature of the CFS signatory and seal of the CFS issuing authority.

Thus, the CFS of products in the field of information technology and communication must ensure the above information when issued to firms/companies/manufacturers by the competent authorities.

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