Which agency or organization has the authority to inspect and verify the domestic origin of goods for export?
What are the contents for examining issued dossiers and certificates of origin for goods?
Based on the contents of Article 7 Circular 39/2018/TT-BCT, the domestic competent authorities and organizations are mandated to review the dossiers and certificates of origin for goods issued by the C/O issuing organizations or retained by the traders, and request the traders to provide relevant documents and materials to verify the following contents:
- The authority of the C/O issuing agencies and organizations, as well as the procedures, processes, and dossiers for issuing C/O.
- The authority of agencies and organizations to issue approval documents for self-certification of origin, procedures, processes, and dossiers for issuing self-certification of origin documents; the authority of agencies and organizations to receive registrations of origin certification codes, procedures, processes, and dossiers for issuing certificates of origin according to the regulations of the importing country.
- The completeness and legitimacy of the declaration and commitment to the origin of goods by exporters, manufacturers, suppliers of exported goods, or raw materials for manufacturing exported goods in compliance with the regulations on the origin of goods.
- The operational status of the traders, including whether the traders are active, temporarily halted business, transferred ownership, dissolved, or bankrupt according to the law.
- Other related information, documents, and materials serving the inspection of the origin of goods.
Which authorities and organizations have the right to inspect and verify the origin of exported goods within the country?
Which authorities and organizations have the right to inspect and verify the origin of exported goods within the country?
According to Article 3 Circular 39/2018/TT-BCT:
Definitions
1. Domestic competent authorities and organizations to inspect and verify the origin of goods (hereafter referred to as domestic competent authorities) include the Import and Export Department - Ministry of Industry and Trade; the C/O issuing authorities and organizations; the authorities and organizations issuing approval documents for self-certification of origin; the authorities and organizations receiving registration of origin certification codes.
2. Competent authorities for inspecting and verifying the origin of goods in the importing country (hereafter referred to as competent authorities of the importing country) include the customs authorities and the relevant functional authorities of the importing country.
3. Inspection of dossiers and certificates of origin is the activity of reviewing, cross-checking, and verifying the dossiers and certificates of origin that have been issued or published to ensure that the goods meet the origin requirements.
4. Inspection and verification of origin at the production site involves examining and verifying the origin at the business location, production site, farming or fishing location, or other relevant sites of the traders to ensure the goods meet the origin requirements.
5. Requests for inspection and verification of origin refer to the documents from the competent authorities of the importing country, or other domestic functional authorities requesting the provision of dossiers, certificates, and related information about goods suspected to be incorrect or requesting cooperation in the inspection and verification of the origin of goods.
The domestic competent authorities to inspect and verify the origin of goods include the Import and Export Department - Ministry of Industry and Trade; the C/O issuing authorities and organizations; the authorities issuing approval documents for self-certification of origin; and the authorities receiving registration of origin certification codes.
When is the examination of issued dossiers and certificates of origin for goods conducted?
According to the regulations in Article 6 Circular 39/2018/TT-BCT:
Cases for the examination of issued dossiers and certificates of origin
The examination of dossiers and certificates of origin for goods is conducted in the following cases:
1. At the request of the competent authorities of the importing country.
2. When domestic competent authorities conduct inspections, risk management, and combat fraud in origin.
3. At the request of other domestic functional authorities when there is a reason to suspect or discover signs of origin fraud.
Hence, the examination of issued dossiers and certificates of origin for goods is conducted in the following three cases:
- At the request of foreign competent authorities.- When domestic competent authorities conduct inspections, risk management, and combat origin fraud.- At the request of other domestic functional authorities when there is a reason to suspect or discover signs of origin fraud.
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