Under the legal regulations, what are the cases of revocation of the issued Certificate of Origin in Vietnam?

Main Content

• Under the legal regulations, what are the cases of revocation of the issued Certificate of Origin in Vietnam?
• Are authorities issuing Certificates of Origin in Vietnam required to deal with queries raised by applicants?
• Are applicants required to archive their applications for issuance of Certificates of Origin?

Under the legal regulations, what are the cases of revocation of the issued Certificate of Origin in Vietnam?

Under the provisions of Clause 1, Article 22 of Decree 31/2018/ND-CP on the revocation of the issued Certificate of Origin:

Revocation of issued C/O

1. The issuing authority shall consider revoking C/O in any of the following cases:

a) The C/O has been issued not in accordance with regulations on origin;

b) The C/O bears the same reference number with another C/O;

c) The applicant fails to provide additional documents upon expiration of time limit prescribed in Clause 3 Article 15 of this Decree;

d) The applicant forges documents in the application for issuance of C/O;

dd) The applicant sends a notice of annulment of the issued C/O.

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Thus, according to the above regulations, cases of revocation of the issued Certificate of Origin include:

- The C/O has been issued not in accordance with regulations on origin;

- The C/O bears the same reference number with another C/O;

- The applicant fails to provide additional documents upon expiration of the time limit prescribed in Clause 3 Article 15 of this Decree;

- The applicant forges documents in the application for issuance of C/O;

-The applicant sends a notice of annulment of the issued C/O.

Are authorities issuing Certificates of Origin in Vietnam required to deal with queries raised by applicants?

According to the provisions of Article 23 of Decree 31/2018/ND-CP stipulating the responsibilities of authorities issuing Certificates of Origin:

Responsibilities of issuing authority

1. Provide guidelines for the applicant seeking assistance.

2. Receive and verify the trader profile and application for issuance of C/O.

3. Follow the procedures for issuance of C/O.

4. Keep applications for issuance of C/O as stipulated in Clause 30 of this Decree.

5. Cooperate with the Ministry of Industry and Trade in verifying the origin of exported goods.

6. Register and update specimen signatures of competent persons and specimen seals of the issuing authority in accordance with guidelines of the Ministry of Industry and Trade, which are advised to competent authority or customs authority of importing country and relevant agencies.

7. Send reports on issuance of C/O and data of printed or electronic C/O being issued at the request of the Ministry of Industry and Trade.

8. Deal with queries raised by applicants.

According to this regulation, authorities issuing Certificates of Origin in Vietnam shall perform the responsibilities mentioned above.

In particular, authorities issuing Certificates of Origin in Vietnam must deal with queries raised by applicants.

Are applicants required to archive their applications for issuance of Certificates of Origin?

Under the provisions of Clause 6, Article 24 of Decree 31/2018/ND-CP stipulating the responsibilities of applicants:

Responsibilities of applicants

1. Register trader profile with the issuing authority.

2. Submit an application for issuance of C/O to the issuing authority.

3. Justify that the goods satisfy rules of origin.

4. Take legal responsibility for accuracy and truthfulness of declaration and identification of origin as authorized by the exporter.

5. Request the producer to declare origin of goods and provide documents justifying that the goods satisfy criteria for origin if the applicant is the exporter but not the producer.

6. Archive applications for issuance of C/O as stipulated in Clause 30 of this Decree.

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Thus, according to the regulations on responsibilities of applicants for Certificates of Origin, applicants are responsible for archiving their applications for issuance of Certificates of Origin according to the following provisions:

- The issuing authority shall archive hard copies and electronic applications for issuance of C/O and relevant documents for at least 5 years from the date of issue.

- The customs authority shall archive hard copies and electronic documents relevant to the identification of origin of imported goods for at least 5 years from the date on which the customs declaration is registered.

- The applicant for issuance of C/O shall archive hard copies of the application and relevant documents for at least 5 years from the date of issue.

- The trader making self-certification of origin shall archive hard copies of documents and reports to justify that the goods obtaining a self-issued certificate of origin qualify as originating as prescribed for at least 5 years, from the date on which the self-issued certificate of origin is issued and to provide them for competent authorities upon requests.

- Documents and materials related to the identification of origin of goods shall be kept confidential. If a domestic or international competent authority requires the documents or materials mentioned above, the trader or issuing authority must report it to the Ministry of Industry and Trade before providing them.

- If an international treaty to which Vietnam is a signatory otherwise governs the manner of archiving documents, the issuing authorities, customs authorities and applicants and self-certified applicants shall comply with guidelines for such treaty promulgated by the Ministry of Industry and Trade.