From July 16, 2022, which cases will not accept ASEAN's self-certification of origin?
What are the types of certificates of origin of goods according to the latest regulations?
Pursuant to Clause 12, Article 1, Appendix I promulgated together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 1. Definitions
…
12. “Documents certifying origin of goods” means a document certifying that exported goods meet the rules of origin specified in Circular No. 22/2016/TT-BCT. Proof of origin of goods includes:
a) Certificate of origin (C/O) form D; or
b) Certificate of origin (C/O) electronic form D; or
c) Documents certifying the origin of goods.”
Thus, proof of origin documents include such things as certificates of origin (C/O) form D, electronic certificates of origin (C/O) form D or natural documents. certificates of origin of goods.
From July 16, 2022, which cases will not accept self-certification of origin of goods?
Contents of self-certification of origin of goods according to the latest regulations?
Pursuant to Article 12, Appendix I promulgated together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 12. Self-certification of origin of goods
1. Eligible exporters when exporting originating goods may self-declare the origin of goods on commercial invoices.
2. In case it is not possible to declare on the commercial invoice at the time of export, the qualified exporter may declare the origin of goods on one of the following documents:
a) Payment statement/Billing statement.
b) Delivery order (delivery order).
c) Packing list (packing list).
Documents with the content declaring the origin of these goods are accepted when submitted with the commercial invoice at the time of importation of the goods.
3. A self-certification of origin of goods must fully include the following information:
a) Detailed information about the eligible exporter, including the self-certification code of origin.
b) Full detailed description of the goods to help determine the origin of the goods, including:
(i) Name of goods.
(ii) HS code at 6-digit level or AHTN code.
(iii) Corresponding Criteria of Origin.
(iv) Country of origin.
(v) FOB price in case the Regional Value Content criterion applies.
(vi) Quantity of goods.
(vii) Trademark (if any).
(viii) In case of back-to-back self-certification of origin, add the reference number and issue date of the original Document of Origin, country of origin and self-certification number. origin of the goods of the first exporting country (if any).
c) The certificate of the person competent to sign the declaration of origin of the goods of the eligible exporter, including:
(ii) A undertaking that the good stated in this self-certification document of origin meets the provisions of origin in Chapter 3 of the ATIGA Agreement;
(ii) Signature and name of the signer.
4. The declaration of origin of goods must be made in English, signed by hand and printed or stamped with the name of the person competent to sign the declaration of origin.
5. The reference number and date of the document declaring the origin of goods are considered the reference number and the date of issue of the self-certification document of origin.
6. In case the self-certification of origin of goods is not enough space to declare all items, an additional declaration may be attached. The additional declaration must contain all the information specified in Clause 3 of this Article.
7. Paragraphs 2 to 6 of this Article do not apply to the pilot mechanism for self-certification of origin of goods according to the provisions of the Memorandum of Understanding signed on August 29, 2012 between the Lao People's Democratic Republic, the Republic of China and the Socialist Republic of Vietnam. Republic of the Philippines, Republic of Indonesia in Siem Reap, Kingdom of Cambodia on the implementation of the pilot project of self-certification of origin No. 2 (hereinafter referred to as the agency). pilot mechanism for self-certification of origin).
Accordingly, exporters eligible to export originating goods are entitled to self-declare the origin of goods on commercial invoices. The content of a self-certification of origin of goods includes information such as self-certification code of goods origin, detailed description of goods, certification of the person competent to sign the declaration of origin of goods. chemical.
In which cases do not accept self-certification of origin of goods?
According to Clause 4, Article 2, Appendix I issued together with Circular 10/2022/TT-BCT stipulates as follows:
“Article 2. Sample of signature and seal of C/O issuing organization and information of qualified exporter … 4. A self-certification of origin of a good is not accepted by the importing Member State in the following cases: a) The exporter is not listed in the ASEAN self-certification of origin database. b) The person who signed the declaration of origin of goods is not named in the ASEAN Self-Certification of Origin database. c) Goods that are self-declared origin are not on the updated list of goods in ASEAN's self-certification of origin database."
Thus, in cases where there is no information in ASEAN's self-certification of origin database according to the above provisions, the self-certification of origin documents will not be accepted Circular 10/2022/TT-BCT takes effect from July 16, 2022.
LawNet