What are regulations on declaration and issuance of Certificate of Origin (C/O) in Vietnam?

What are regulations on declaration and issuance of Certificate of Origin (C/O) in Vietnam?

Pursuant to Article 16 of the Decree 31/2018/NĐ-CP stipulating declaration and issuance of C/O in Vietnam as follows:

1. 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.

2. 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:

a) 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;

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

c) 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 this Decree is received, the issuing authority shall give a hardcopy of processing result to the applicant.

3. 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:

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

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

4. 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.

5. 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 this Decree.

What are regulations on C/O issued retroactively/retrospectively in Vietnam?

Pursuant to Article 17 of the Decree 31/2018/NĐ-CP stipulating C/O issued retroactively/retrospectively in Vietnam as follows:

1. If a C/O is not issued at the time of export, it may be issued a later date and have validity from the date of shipment but not exceeding 1 year from the date of shipment and it must bear “ISSUED RETROACTIVELY/ ISSUED RETROSPECTIVELY” stamp.

2. The application for issuance of C/O issued retrospectively as provided in Clause 1 of this Article shall be stipulated in Article 15 of this Decree.

3. If an international treaty to which Vietnam is a signatory governs that C/O issued retrospectively is allowed, applicants for C/O and issuing authorities shall comply with guidelines for such treaty promulgated by the Ministry of Industry and Trade.

What are procedures for replacement of C/O in Vietnam?

Pursuant to Article 18 of the Decree 31/2018/NĐ-CP stipulating procedures for replacement of C/O in Vietnam as follows:

1. An issuing authority shall consider replacing a C/O in any of the following cases:

a) If a C/O is lost or damaged, the applicant shall submit an application for replacement C/O using the form No. 04 in Appendix issued herewith to the issuing authority, clarifying the reasons for replacement. The replacement C/O shall bear reference number and date of issue of the lost or damaged C/O and bear "CERTIFIED TRUE COPY" stamp. The replacement C/O shall remain valid up to 1 year from the date of shipment. Within 4 working hours from an application for replacement C/O is received, the issuing authority shall inform the processing result;

b) If the applicant wishes to separate the C/O into at least 2 sets, it shall submit an application using form No. 04 in Appendix issued herewith to the issuing authority, clarifying the reason for separation; and submit additional documents as prescribed in Article 15 of this Decree (in case of difference from the application for issuance of the former C/O), and original and copies of the former C/O. A replacement C/O, in such circumstance, shall bear reference number and date of issue of the former C/O and the new date of issue, the remaining sets of C/O shall bear the new reference number and new date of issue. The replacement C/O solely remains valid up to 1 year from the date of issue of the former C/O. Within 4 working hours from an application for replacement C/O is received, the issuing authority shall inform the processing result;

b) In case of goods re-imported for reprocessing sent to another importing country, the applicant shall submit an application using form No. 04 in Appendix issued herewith to the issuing authority, clarifying the reason for replacement; and submit additional documents as prescribed in Article 15 of this Decree (in case of difference from the application for issuance of former C/O), the original and copies of the former C/O. The replacement C/O solely remains valid up to 1 year from the date of issue of the former C/O. Within 4 working hours from an application for replacement C/O is received, the issuing authority shall inform the processing result;

d) In case of unintended mistakes or errors made in the original C/O, the applicant may apply for replacement C/O using Form No. 04 in Appendix issued herewith to the issuing authority, clarifying the reason for replacement; and submit original and copies of the former C/O. A replacement C/O, in such circumstance, shall bear reference number and date of issue of the former C/O and the new date of issue. The replacement C/O solely remains valid up to 1 year from the date of issue of the former C/O. Within 4 working hours from an application for replacement C/O is received, the issuing authority shall inform the processing result.

2. If the original and copies of the former C/O has not been revoked at the time of application for replacement, the replacement C/O prescribed in Points b, c and dd Clause 1 shall bear the new reference number and date of issue and bear the phrase “THIS C/O REPLACES THE C/O No. (reference number of the former C/O) DATED (dated of issue of the former C/O)”.The replacement C/O solely remains valid up to 1 year from the date of issue of the former C/O.

3. If an international treaty to which Vietnam is a signatory governs that replacement C/O is allowed, applicants for C/O and issuing authorities shall comply with guidelines for such treaty promulgated by the Ministry of Industry and Trade.

Best regards!