What does self certification of origin mean? How long shall the trader making self-certification of origin in Vietnam store hard copies of documents?
What does self certification of origin mean?
Self certification of origin is specified in Clause 7, Article 3 of Decree 31/2018/ND-CP as follows:
Interpretation of terms
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6. “C/O remaining origin" means a certificate issued to a foreign good entering into bonded warehouse of Vietnam, and being exported to another country thereafter, based on the initially issued C/O.
7. “Self certification of origin” means the producer expressly certifies that the goods to which the certificate relates are considered originating according to applicable laws and regulations.
8. “Self-issued C/O” means a specific form which the producer issues as prescribed in Clause 7 of this Article.
9. “Change in tariff classification of goods” means a change in HS code (in export duty or import duty schedule) of a good produced or obtained in a country, group of countries, or territory from materials not originating from that country, group of countries or territory of production
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Self certification of origin means the producer expressly certifies that the goods to which the certificate relates are considered originating according to applicable laws and regulations.
What does self certification of origin mean? (Image from the Internet)
How long shall the trader making self-certification of origin in Vietnam store hard copies of documents?
The trader making self-certification of origin is prescribed in Clause 4, Article 30 of Decree 31/2018/ND-CP:
Storing documents
1. The issuing authority shall store hard copies and electronic applications for issuance of C/O and relevant documents for at least 5 years from the date of issue.
2. The customs authority shall store hard copies and electronic documents relevant to identification of origin of imported goods for at least 5 years from the date on which the customs declaration is registered.
3. The applicant for issuance of C/O shall store hard copies of the application and relevant documents for at least 5 years from the date of issue.
4. The trader making self-certification of origin shall store hard copies of documents and reports to justify that the goods obtaining self-issued certificate of origin qualifies 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.
5. Documents and materials related to identification of origin of goods shall be kept confidential. If a domestic or international competent authority requires documents or materials mentioned above, the trader or issuing authority must report it to the Ministry of Industry and Trade before providing them.
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Thus, the trader making self-certification of origin shall store hard copies of documents and reports to justify that the goods obtaining self-issued certificate of origin qualifies 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.
If a domestic or international competent authority requires documents or materials mentioned above, the trader or issuing authority must report it to the Ministry of Industry and Trade before providing them.
Which entity has the right to set forth criteria for selection of traders making self-certification of origin in Vietnam?
Pursuant to Article 25 of Decree 31/2018/ND-CP on self-certification of origin:
Self-certification of origin
In implementation of international treaty to which Vietnam is a signatory and according to regulations of importing countries on self-certification of origin, the Ministry of Industry and Trade sets forth criteria for selection of traders; procedures for self-certification of origin; duties and obligations of traders engaging in self-certification of origin; inspection and verification of self-certification of origin related to exported goods of traders and sanctions against violations.
Thus, the Ministry of Industry and Trade sets forth criteria for selection of traders making self-certification of origin according to regulations of importing countries on self-certification of origin and international treaty to which Vietnam.
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