What are cases of revocation of issued C/O in Vietnam?

What are cases of revocation of issued C/O in Vietnam?

Pursuant to Article 22 of the Decree 31/2018/ND-CP stipulating revocation of issued C/O:

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.

2. Where it is not possible to revoke the issued C/O, the issuing authority shall send a notice to the Ministry of Industry and Trade and competent authority of the exporting country of annulment of the issued C/O with explanation.

As regulated above, issued C/O shall be revoked in followwing cases:

- 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 time limit prescribed by law;

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

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

What are cases of revocation of issued C/O in Vietnam? - image from internet

What is the time limit for storing documents related to determination of origin of goods in Vietnam?

Pursuant to Clause 2 Article 30 of the Decree 31/2018/ND-CP stipulating regulations on storing documents:

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.

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As regulated above, the time limit for storing documents related to determination of origin of goods in Vietnam is at least 5 years from the date of issue in the forms of hard copies and electronic applications.

What are procedures for declaration and issuance of C/O in Vietnam?

Pursuant to Article 16 of the Decree 31/2018/ND-CP stipulating procedures for declaration and issuance of C/O in Vietnam:

- An applicant for issuance of C/O shall fill in the electronic application form available in the electronic C/O issuance system at the address www.ecosys.gov.vn or another website of the issuing authority designated by the Ministry of Industry and Trade. The HS code of goods declared in the C/O is the HS code of exporting country. If the HS code of a good referred to in the exporting country differs from that of the importing country, the trader is entitled to use the HS code of the importing country and take responsibility for the accuracy of such HS code.

- If the applicant attaches an application for issuance of C/O to the electronic C/O issuance system at the address www.ecosys.gov.vn or another website of the issuing authority designated by the Ministry of Industry and Trade, the issuance of C/O shall follow the steps below:

+ The applicant attaches electronic documents of the application for issuance of C/O. These documents shall be certified by the digital signature issued by the competent authority. It is not necessary to submit hard copies of these documents to the issuing authority;

+ Within 6 working hours since an adequate and valid electronic application is submitted, the issuing authority shall inform the processing result in the system;

+ Within 2 working hours since an application for issuance of C/O and a hardcopy of C/O which has been filled completely and validly as prescribed in Points a and b Clause 1 Article 15 of the Decree 31/2018/ND-CP is received, the issuing authority shall give a hardcopy of processing result to the applicant.

- If the applicant submits the application for issuance of C/O in person at the head office of issuing authority, the issuance of C/O shall follow the steps below:

+ The applicant submits hardcopies of documents of the application for issuance of C/O;

+ Within 8 working hours from an adequate and valid application, the issuing authority shall inform the application processing result.

- If the applicant submits the application for issuance of C/O by post, the processing time limit is 24 working hours since the issuing authority receives the adequate and valid application according to the date stamped on the envelope.

Note: If an application for issuance of C/O is ambiguous, cannot prove that the goods satisfy the originating criteria, shows signs of fraud in terms of transshipment, or shows signs of violation associated with the former C/O, the issuing authority shall undertake a verification visit to the manufacturing facility as prescribed in Article 28 of the Decree 31/2018/ND-CP.

Best regards!