Legal regulations on certificate of free sale (cfs)

The demand for Certificates of Free Sale (CFS) arises from ensuring compliance with legal regulations, enhancing the reputation and reliability of products, supporting customs clearance processes, facilitating exports, meeting the requirements of trade partners, protecting consumers, increasing competitiveness, and supporting national economic development. Possessing Certificates of Free Sale is an important factor that helps enterprises assert their position and expand into international markets.

I. The role of Certificates of Free Sale (CFS)

Certificate of Free Sale (CFS) is an important document in international trade, certifying that a product is manufactured and freely sold in the exporting country, meeting the necessary standards and regulations. Accordingly, Certificate of Free Sale plays a role:

- Supporting export

- Ensuring product quality

- Complying with legal regulations

II. Legal regulations on the Certificate of Free Sale (CFS)

1. What is a Certificate of Free Sale (CFS)?

The Certificate of Free Sale (CFS) is a certificate issued by the competent state authority of the exporting country to the exporting enterprise for products and goods listed in such a certificate, confirming that those products and goods are produced and permitted to be freely circulated in the exporting country.

2. In which cases does Certificate of Free Sale (CFS) apply?

Pursuant to Article 37 of the Law on Foreign Trade Management 2017, the application of the Certificate of Free Sale in the following cases:

- The law regulates that goods must apply for the Certificate of Free Sale.

- At the request of the export business entity and the import business entity of goods in cases not stated in Clause 1 of this Article.

3. For imported goods, what requirements must the Certificate of Free Sale (CFS) meet?

Pursuant to Article 10 of Decree 69/2018/ND-CP, for imported goods, the Certificate of Free Sale (CFS) must meet the following requirements:

1. Name of the authority or organization issuing the Certificate of Free Sale.

2. Number and issuance date of the Certificate of Free Sale.

3. Name of the products and goods issued the Certificate of Free Sale.

4. Type or group of products and goods issued the Certificate of Free Sale.

5. Name and address of the manufacturer.

6. On the Certificate of Free Sale, it must be clearly stated that the products and goods are produced and permitted to be freely sold in the market of the manufacturing country or the country issuing the Certificate of Free Sale.

7. Full name and signature of the signer of the Certificate of Free Sale, and the seal of the issuing authority or organization.

4. A dossier for requesting the issuance of the Certificate of Free Sale (CFS)

Pursuant to Article 11 of Decree 69/2018/ND-CP amended and supplemented in Article 5 of Circular 12/2018/TT-BCT regulating a dossier for requesting the issuance of the Certificate of Free Sale (CFS) including:

- An issuance proposal specifies the name and HS code of goods, the product standard certificate number or registration number, the standard number (if any), ingredients, and the importing country of goods;

- The investment certificate or business registration certificate, and the enterprise registration certificate;

- List of production facilities (if any), including the name and address of the facility, and the products manufactured for export;

- The standard declaration applicable to products and goods, along with the method of presentation (on product labels or product packaging or accompanying documents): 1 stamped copy from the business entity.

III. Some questions about the Certificate of Free Sale (CFS)

1. Classification of Certificates of Free Sale (CFS)

Pursuant to Clause 2, Article 36 of the Law on Foreign Trade Management 2017, the Certificate of Free Sale (CFS) includes:

- Certificate has specific characteristics or contains the full content of the Certificate of Free Sale;

- Documents have similar content as the Certificate of Free Sale.

2. The competent authority issuing the Certificate of Free Sale (CFS)

The authority responsible for issuing the Certificate of Free Sale is usually:

- Ministry of Industry and Trade: For industrial and consumer products;

- Ministry of Agriculture and Rural Development: For agricultural and food products;

- Ministry of Health: For pharmaceutical products and medical devices.

3. An application form for the issuance of the Certificate of Free Sale (CFS)

Currently, the application form for issuing the Certificate of Free Sale is regulated at Appendix I attached to Circular 21/2020/TT-BTTTT, as follows:

APPENDIX I

APPLICATION FORM FOR REQUESTING THE ISSUANCE OF CERTIFICATE OF FREE SALE 

(Issued together with Circular No. 21/2020/TT-BTTTT dated September 7, 2020, by the Minister of Information and Communications)

MINISTRY OF INFORMATION AND COMMUNICATIONS

Address: 18 Nguyen Du str., Hai Ba Trung dist., Hanoi

Website: http://www.mic.gov.vn 

APPLICATION FOR CERTIFICATE OF FREE SALE (CFS)

Section 1 Firm/company/manufacturer’s information

To meet the requirements of the importing country, [firm/company/manufacturer] requests to issue the Certificate of Free Sale for the following products:

Section 2 Product Information

Section 3 Firm/company/manufacturer’s commitment 

I commit that the products in this application comply with the standards and quality of Vietnam.

I commit to taking responsibility for the accuracy of the aforesaid information before the Law.

IV. Legal advising services for the Certificate of Free Sale (CFS).

NGOC PHU LAW COMPANY LIMITED is an experienced unit in consulting and implementing procedures related to the Certificate of Free Sale (CFS), including:

- Advising on the process of applying for the Certificate of Free Sale (CFS)

- Supporting in drafting legal documents

- Representing the enterprise to request the issuance of the Certificate of Free Sale CFS.

- Assisting enterprises to ensure that their products meet the necessary standards to be issued the Certificate of Free Sale CFS.

The above information addresses the concerns related to the Certificate of Free Sale (CFS) provided by NPLAW to our readers. If you have any further questions related to this issue or other legal matters, please contact NPLAW at the following contact information: