What documents are included in the application pre-determination of origin of imported or exported goods in Vietnam?

What documents are included in the application pre-determination of origin of imported or exported goods in Vietnam?

Pursuant to Article 3 of the Circular 33/2023/TT-BTC stipulating the application pre-determination of origin of imported or exported goods in Vietnam as follows:

Application for pre-determination of origin

Before following customs procedures for their import or export shipment, the organization or individual that requests pre-determination of origin shall submit an application for pre-determination of origin which includes:

1. An application form made using the Form in Appendix I enclosed herewith: 01 original;

2. The statement of production costs made using the Form in Appendix II enclosed herewith and the origin declaration made using the Form in Appendix III enclosed herewith by the domestic producer/supplier of materials or supplies which are used in the production of another product: 01 copy;

3. The production process or certificate of analysis (if any): 01 copy.

4. Catalogue or photos of goods: 01 copy.

As regulations above, the application pre-determination of origin of imported or exported goods in Vietnam includes:

- An application form made using the Form in Appendix I enclosed herewith: 01 original;

- The statement of production costs made using the Form in Appendix II enclosed herewith and the origin declaration made using the Form in Appendix III enclosed herewith by the domestic producer/supplier of materials or supplies which are used in the production of another product: 01 copy;

- The production process or certificate of analysis (if any): 01 copy.

- Catalogue or photos of goods: 01 copy.

What is the time limit for submission of application for pre-determination of origin of imported or exported goods in Vietnam?

Pursuant to Article 4 of the Circular 33/2023/TT-BTC stipulating the time limit for submission of application for pre-determination of origin of imported or exported goods in Vietnam as follows:

Receipt and inspection of application for pre-determination of origin

1. The application for pre-determination of origin which includes the documents prescribed in Article 3 of this Circular shall be submitted to the General Department of Vietnam Customs by the deadline prescribed in Clause 11 Article 1 of the Government’s Decree No. 59/2018/ND-CP dated April 20, 2018.

2. The General Department of Vietnam Customs shall receive and inspect the application, and follow procedures for pre-determination of origin in accordance with the provisions of Article 28 of the Customs Law and Clause 11 Article 1 of the Decree No. 59/2018/ND-CP dated April 20, 2018.

Pursuant to Clause 2 Article 24 of the Decree 08/2015/NĐ-CP (amended by Clause 11 Article 1 of the Decree 59/2018/NĐ-CP) stipulating responsibility of organizations, individuals for requesting the pre-determination of code, origin and customs value as follows:

Procedures for pre-determination of code, origin and customs value

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2. Responsibility of organizations, individuals for requesting the pre-determination of code, origin and customs value:

a. Submit full application documents for requesting pre-determination of code, origin and customs value to the General Department of Customs within at least 60 days before exporting or importing the cargos.

b. Discuss with the customs authority as required to clarify the information regarding the request for pre-determination of code, origin and customs value.

c. Notify the General Department of Customs in writing within 10 working days since the date on which changes are made to the cargos of which the application for the pre-determination of code, origin and customs value has been filed. The notification shall state clearly the modified contents, reasons for such changes and the date on which the changes are made.

As regulations above, organizations, individuals for requesting the pre-determination of code, origin and customs value shall submit full application documents for requesting pre-determination of code, origin and customs value to the General Department of Customs within at least 60 days before exporting or importing the cargos.

If there is any change related to the cargos, organizations and individuals must notify the General Department of Customs in writing within 10 working days since the date on which changes. The notification shall state clearly the modified contents, reasons for such changes and the date on which the changes are made. 

In which cases shall the customs declarant submit the proof of origin for imports in Vietnam?

Pursuant to Clause 1 Article 10 of the Circular 33/2023/TT-BTC stipulating cases in which the customs declarant shall submit the proof of origin for imports in Vietnam as follows:

- The customs declarant wishes to claim special preferential tariff treatment for a good imported from a country, group of countries or territory that has entered into an agreement on preferential tariff treatment in trade relation with Vietnam or a good which is imported from a free trade zone into the domestic market and qualifies as originating good of a country, group of countries or territory that has entered into an agreement on preferential tariff treatment in trade relation with Vietnam;

- The proof of origin of a good is required according to the announcement of Vietnam’s competent authorities to prove that the good is imported from a country, group of countries or territory that is not included in the Consolidated List enclosed with the Resolution of the United Nations Security Council;

- The proof of origin is required for a good in the list in Appendix V enclosed herewith or according to the announcement of the relevant Ministry or regulatory authority to prove that the good is not imported from countries that pose a risk of causing harm to social safety, community health or environmental hygiene;

- The imported good is included in the Minister of Industry and Trade’s list of goods subject to anti-dumping duty, countervailing duty, safeguard measures, tariff quotas, measures against evasion of trade remedies or limits on quantity of goods.

Note: Circular 33/2023/TT-BTC takes effect from 15/7/2023.

Best regards!