Certificate of free sale (CFS): What are the conditions and procedures for granting of CFS?

Certificate of free sale (CFS): What are the conditions and procedures for granting of CFS? (Internet image)

The conditions and procedures for granting of Certificate of free sale (CFS) in Vietnam are stipulated in Circular 22/2010/TT-BKHCN, specifically as follows:

1. Conditions for granting of CFS in Vietnam

Domestic produced goods, products for export under managerial responsibility of Ministry of Science and Technology provided in Annex I issuing together with this Circular shall be issued CFS when meeting the following conditions:

- Having request of person requesting for issuance of CFS.

- Having standard applicable declaration and evidence for such goods, products in compliance with declared standards.

2. Orders, procedures for granting of CFS in Vietnam

- Registration of trader’s dossier

+ Person requesting for granting of CFS must conduct registration of trader dossier at the Directorate for Standards, Metrology and Quality when requesting for so at the first time and shall be considered for issuance of CFS only when conducted registration of trader dossier.

+ The registration of trader dossier is implemented according to provisions in Article 9 Decision No.10/2010/QD-TTg dated February 10, 2010 of the Prime Minister providing for CFS over import, export goods, products (hereinafter called as Decision No.10/2010/QD-TTg).

- Application for CFS granting

Person requesting for CFS granting with demand to be granted CFS for exporting goods, products shall compiles 01 set of requesting dossier and sends to the Directorate for Standards, Metrology and Quality. Dossier of registration comprises:

+ Written request for CFS granting according to form provided in Annex II issuing together with this Circular;

+ Standards of applicable declaration (origin) enclosed with evidence of such goods, products in compliance with declared standards.

- Dossier appraisal and CFS granting

+ In case of full and regular dossier

Within time-limit not exceed 05 working days since the date of receipt of full and regular dossier, the Directorate for Standards, Metrology and Quality organizes for dossier appraisal and issues CFS to goods, products according to form provided in Annex III issuing together with this Circular. CFS is valid for 02 years since the date of issuance.

+ In case of insufficient dossier

The Directorate for Standards, Metrology and Quality returns dossier and instructs person requesting for issuance of CFS for supplementation, dossier completion.

+ When appraising dossier, realizing that it is not basis enough for issuance of CFS or finding out signals of law violation toward CFSs issued before, the Directorate for Standards, Metrology and Quality may conduct the real examination at production place or appoints organization of valuing sufficient capable suitableness to implement the valuation of quality of goods, products according to the standards of applicable declaration. Cost for examination, valuation shall be born by applicant. After having result of valuation, real examination, the Directorate for Standards, Metrology and Quality conducts:

++ To issues CFS according to provision in point a of this clause if dossier requesting for issuance of CFS supplemented fully and regularly;

++ To issue written notification to applicant for refusing to issue CFS if goods, products fail to satisfy conditions of issuance of CFS as provided in Article 3 of this Circular or dossier with controversies on contents or dossier with faked documents.

More details can be found in Circular 22/2010/TT-BKHCN, which comes into force from February 12, 2011.

Nguyen Phu

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