Is the suspension of issuance of C/O for 6 months considered an action against origin fraud in Vietnam?
Is the suspension of issuance of C/O for 6 months considered an action against origin fraud in Vietnam?
Based on the provisions of Article 29 Decree 31/2018/ND-CP on action against origin frauds regarding origin as follows:
Action against origin frauds for Origin
1. Agencies and organizations issuance of C/O apply action against origin frauds regarding origin in the following cases:
a) Temporarily suspend the issuance of C/O for 3 months from the first time the trader posts unrelated information and data to the request for issuance of C/O on the Ministry of Industry and Trade's electronic origin management and certification system at www.ecosys.gov.vn or other electronic websites of the agencies and organizations authorized by the Ministry of Industry and Trade to issue C/O;
b) Temporarily suspend the issuance of C/O for 6 months from the date of detecting the trader using forged documents or fraudulent declarations when requesting the issuance of C/O;
c) Revoke the issued C/O and temporarily suspend issuance for 6 months from the date the trader fails to cooperate, fails to provide complete records, documents, or provides incorrect information proving the origin of goods when the agency, organization issuance of C/O conducts post-inspection.
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Therefore, the temporary suspension of issuance of C/O for 6 months is one of the action against origin frauds regarding origin.
This measure is applied from the date the trader is found to be using forged documents or making fraudulent declarations when requesting the issuance of C/O.
Is the suspension of issuance of C/O for 6 months considered an action against origin fraud in Vietnam?
What documents are included in the initial application for a Certificate of Origin in Vietnam?
Based on Article 15 of Decree 31/2018/ND-CP as follows:
Application for a Certificate of Origin
1. For traders requesting the issuance of C/O for the first time or for newly exported products for the first time or for non-fixed products (changes in quantitative norms, weight norms, HS codes, value, and sources of input materials and output products each time requesting the issuance of C/O), the application for a Certificate of Origin includes:
a) A completed and valid request form for issuing a Certificate of Origin according to Form No. 04 specified in the Appendix issued with this Decree;
b) A corresponding Certificate of Origin sample that has been fully completed;
c) A printed customs export declaration. In cases where exported goods do not require customs declaration as per legal regulations, a copy of the customs declaration is not needed;
d) A copy of the commercial invoice (certified true copy by the trader);
dd) A copy of the bill of lading or equivalent transport documents (certified true copy by the trader) in cases where the trader does not have a bill of lading. The trader may be exempted from submitting this document in cases of export shipments under terms that do not use bills of lading or other shipping documents as per legal regulations or international practices;
e) A detailed list of exported goods meeting preferential or non-preferential origin criteria as specified by the Ministry of Industry and Trade;
g) An origin declaration from the manufacturer or supplier of materials with origin or goods produced domestically as specified by the Ministry of Industry and Trade in cases where these materials are used for subsequent stages to produce another product;
h) A copy of the production process for goods (certified true copy by the trader);
i) In necessary cases, the agency or organization issuing the Certificate of Origin checks the actual production facility of the trader as specified in Clause 1, Article 28 of this Decree; or requests the trader to submit additional documents in copy format (certified true copy by the trader) such as: import customs declarations for materials and accessories used to produce export goods (in cases of using imported materials and accessories in the production process); sales contracts or value-added tax invoices for the purchase of domestic materials and accessories (in cases of using domestically purchased materials and accessories in the production process); export licenses (if any); other necessary documents and materials.
2. For traders producing and exporting fixed products (no changes in quantitative norms, weight norms, HS codes, value, and sources of input materials and output products), the initial application for a Certificate of Origin includes the documents specified in Clause 1 of this Article. From the subsequent requests for a Certificate of Origin, the trader only needs to submit documents specified in points a to đ, Clause 1 of this Article. The documents in the application for a Certificate of Origin specified in points e, g, and h, Clause 1 of this Article are valid for 2 years from the date the trader submits them to the agency or organization issuance of C/O. In cases where there's a change within this 2-year period, the trader updates the relevant information for the documents in the application for a Certificate of Origin specified in points e, g, and h, Clause 1 of this Article to the agency or organization issuance of C/O.
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Thus, the initial application for a Certificate of Origin includes the types of documents as specified in Clause 1 above.
What is the application form for a Certificate of Origin in Vietnam?
The application form for a Certificate of Origin is defined in Form No. 04 Appendix issued with Decree 31/2018/ND-CP as follows:
Download the application form for a Certificate of Origin here
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