This Memorandum of Understanding (hereinafter referred to as
"MOU") is entered into by and between the Taipei Economic and
Cultural Office, Hanoi, Vietnam and the Viet Nam Economic and
Cultural Office in Taipei (hereinafter referred to singularly as
a “ Side ” or jointly as the “ Sides ” ), on behalf of the
Authorities of territories represented by the Sides
respectively.
The Sides, recognizing that their collaboration on the project
for the cross-border exchange of certificate of origin is of
great significance and importance in simplifying customs
clearance and trade-related processes and in facilitating trade
between territories represented by the Sides, hereby have
reached the following understanding:
Definitions and Interpretations
For the purposes of this MOU, the terms set out below have the
assigned meanings unless the context requires otherwise:
1. Side/Sides: the Taipei Economic and Cultural Office, Hanoi,
Vietnam (TECO), and the Viet Nam Economic and Cultural Office
in Taipei (VECO).
2. Certificate of Origin (abbreviation form as CO): A specific
form identifying goods, in which the authority or body
empowered to issue the CO certifies that the goods to which
the certificate relates, originated in Taiwan or Viet Nam.
3. Electronic data of the CO: The CO in digital format.
4. Authorities: Ministry of Economic Affairs (MOEA) and Ministry
of Finance (MOF) for the Taiwan Side; and Ministry of
Industry and Trade for the Viet Nam Side.
5. Issuing Bodies: means, for the Taiwan Side, any bodies
designated by the Ministry of Economic Affairs to issue the
CO, and for the Viet Nam Side, any bodies designated by the
Ministry of Industry and Trade to issue the CO.
6. Customs Authority: means the authority that, according to the
legislation of each Side, is responsible for the
administration and enforcement of its customs laws and
regulations.
Article 1
The purposes of this MOU are:
1. to simplify customs clearance and trade-related processes
between the territories represented by the Sides; and
2. to strengthen the cooperation between the Sides, respective
public and private sectors and to induce public support for
collaborative activities.
Article 2
In pursuing the purposes stated in Article 1, with the
consultation of the respective authorities, the Sides:
1. agree that fees, charges, formalities and requirements on
consular legalization imposed on the CO under this MOU shall
not be applied;
2. confirm that the issuing body/bodies that issue(s) the CO are
authorized by their respective authorities;
3. agree that relevant technical details of electronic data of
CO will be mutually determined by both Sides in a follow-up
technical meeting;
4. reserve the right to verify the authenticity of the CO
contents and the territory of origin in accordance with their
respective domestic laws and regulations, and if the
importing Side wishes to undertake a verification visit, it
shall send the exporting Side a written notification at least
3 working days in advance of the proposed verification visit.
The exporting Side may join the verification visits. The
importing Side shall inform the exporting Side the
preliminary results of verification visits in 7 working days
after the completion of the visits; and
5. agree to endeavor to offer a website for the other Side to
make online enquiries regarding the CO.
Article 3
1. Scope of Application
This MOU does not affect any arrangements under any other MOU
that either Side has entered into or may enter into with any
other Side.
2. Treatment of Confidential Material
The Sides will maintain the confidentiality and secrecy of
documents, information, data or knowledge acquired in the
course of implementing this MOU.
Article 4
1. Settlement of Dispute
Any difference or dispute between the Sides concerning the
interpretation and/or implementation and/or application of
any of the provisions of this MOU will be settled amicably
through mutual consultations and/or negotiations between the
Sides.
2. Contact Points
Each Side will designate a contact point to facilitate
communications between the Sides on any matter covered by
this MOU. Any changes in names and addresses, including email
address, fax number or telephone number, will be promptly
notified to the other Side. The offices of the contact points
are Bureau of Foreign Trade, Ministry of Economic Affairs for
the Taiwan Side and Agency of Foreign Trade, Ministry of
Industry and Trade for the Viet Nam Side.
3. Meetings
The Sides will meet within one year after the signing of this
MOU and annually thereafter, or as mutually determined by the
Sides, to facilitate the effective implementation of this
MOU.
Article 5
1. This MOU will come into effect 30 days after the date of its
signature.
2. This MOU will remain in force unless notification in writing
is advised by a Side to the other Side six months in advance
of the intention to terminate this MOU.
3. This MOU may be revised with the consent of both authorities
after one Side receives a written request from the other
Side.
Signed in duplicate at Hanoi, on this 6th day of July 2016, in
the English language.
Representative of the Representative of the
Taipei Economic Viet Nam Economic
and Cultural Office, and Cultural Office in
Hanoi, Vietnam Taipei
_________________ _________________
Richard R.C. Shih Tran Duy Hai