Vietnam: Application form for certificate of free sale (CFS)

Vietnam: Application form for certificate of free sale (CFS) (Internet image)

1. What is a certificate of free sale (CFS)?

According to Clause 1, Article 36 of the Law on Foreign Trade Management 2017, a certificate of free sale is a certificate issued to an exporter by the competent authority of the exporting country to certify the free sale of products in the exporting country.

2. Application form for certificate of free sale (CFS)

According to Article 5 of Circular 12/2018/TT-BCT stipulating the  application form for issuance of CFS as follows:

Application form for a certificate of free sale (CFS)

3. Certificate of Free Sale (CFS) for imported goods in Vietnam

The Certificate of Free Sale (CFS) for imported goods in Vietnam under Article 10 of Decree 69/2018/ND-CP is as follows:

-  A list of goods is issued and the power to manage CFS are provided for in Appendix V of Decree 69/2018/ND-CP.

Appendix V

- According to management requirements in every period and to the extent required in the list of goods prescribed in Clause 1 hereof, Ministries and ministerial-level agencies shall publish a detailed list of imported goods requiring CFS enclosed with HS headings.

- A CFS must at least contain:

+ Name of CFS issuing authority.

+ CFS number and date of issue.

+ Goods eligible for CFS.

+ Type or category of goods eligible for CFS.

+ Manufacturer’s name and address.

+ 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.

+ Full name and signature of the CFS signatory and seal of the CFS issuing authority.

- Competent ministries and ministerial-levels shall provide guidelines for the circumstance that CFS is applicable to multiple shipments.

- In certain circumstances, subject to requirement of Ministries and ministerial-levels, the CFS must be consularly legalized as per the law, unless it is eligible for consular legalization exemption as provided for in international treaties to which Vietnam is a signatory or in reliance on principle of reciprocity.

- If there is reasonable doubts as to the authenticity of CFS or the imported goods do not match with the CFS contents, the competent authority shall send a request for verification to the CFS issuing authority.

4. Certificate of free sale (CFS) for exported goods in Vietnam

The Certificate of Free Sale (CFS) for exported goods in Vietnam under Article 11 of Decree 69/2018/ND-CP is as follows:

- Ministries and ministerial-level agencies empowered to issue CFS for exported goods shall issue a CFS when:

+ Receiving an application for CFS submitted by an exporter; and

+ Considering that goods have applied standards as per the regulations and laws in force.

- The CFS for exported goods must be expressed in English and at least contain information prescribed in Clause 3 Article 10 hereof.

If an importing country requires the trader to submit a CFS using a form regulated by its regulations and laws, the CFS issuing authority shall issue the CFS according to such required form.

- Procedures for issuance of CFS for exported goods

+ The trader shall send an application, in person, by post or online (if applicable) to the CFS issuing authority, including required documents below:

++ 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.

+ 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.

+ The CFS issuing authority may undertake a verification visit to the facility if the verification of application gives insubstantial grounds for issuing a CFS or any breach of regulations associated with the former CFS is found.

+ The trader may request number of CFS to be issued.

+ 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.

- The Ministry or ministerial-level agency shall revoke the CFS if:

+ The exporter falsifies the documentary evidence or documents; or

+ CFS is issued for goods that are not conformable to applied standards.

Quoc Dat

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