Decision on 'Certificates of Free Sale' (CFSs)

Decision 10/2010/QD-TTg of the Prime Minister dated 10 February 2010, effective as of 1st of May 2010. Article 18 (1) of the decision says that “CFSs issued by exporting countries or territories must fully contain the details specified in Clause 2, Article 6 of this Decision”, including the  “statement that the product or good is manufactured and freely sold on the market of the country of manufacture.”

Even though CFS are a common thing and Vietnam is by far not the only country requesting such a document, the required statement is not only different to other CFS but potentially troublesome: There are many companies producing in Europe which are certifying their products in another country than they manufacture. Additionally, it happens that the product – despite the fact that it is produced in Europe – is not sold there and therefore the producer is not even looking for a certification to sell the product freely on the European market. Last but not least, I do not think that the VN-Authorities are satisfied if a product has the certification to be freely sold in Europe and will refrain of asking for a certification for the Vietnamese market.

Note that before the decision can take effect, the relevant ministries need to issue specific guidelines. None of the Ministries mentioned in Annex 1 have issued yet their guidelines. Therefore the decision - despite being in force – has no consequences for the moment.

Click to download the Decision on "Certificates of Free Sale" for exports and imports.