Circular 40: Procedures for Inspection and Verification of the Origin of Imported Goods

Circular 40: Procedure for Inspection and Verification of Origin of Imported Goods (illustrative image)

To be specific, in Clause 1, Article 8 of Appendix IV on the procedures for issuance and inspection of origin issued together with Circular 40/2015/TT-BCT, it is stipulated that the importing member country can request the C/O issuing organization of the exporting member country to conduct a retrospective check either randomly or when there is a reason to doubt the accuracy of the documents or the authenticity of the information related to the actual origin of the suspicious product or certain parts of that product. The inspection and verification procedure for origin is as follows:

- The request for a retrospective check from the importing member country is sent along with the relevant C/O, clearly stating the reason and any additional information leading to the suspicion of the C/O's authenticity, except in the case of a random check request.- Upon receiving the request for verification of origin from the customs authority of the importing member country, the C/O issuing organization of the exporting member country shall immediately acknowledge the receipt of the request via email or fax.- Upon receiving the request for a retrospective check, the C/O issuing organization of the exporting member country shall immediately acknowledge the receipt of the request and provide the verification results within 6 months from the date of receipt. If no response is received, the importing member country can deny the preferential tariff treatment for the goods under retrospective check;- The customs authority of the importing member country can delay the granting of preferential tariff treatment while awaiting the verification results. However, the customs authority can allow the importer to clear the goods with the application of necessary administrative measures, provided that the goods are not subject to import prohibition or restriction and there is no suspicion of fraud; and- The C/O issuing organization of the exporting member country shall send the verification results to the importing member country to decide whether the suspicious shipment meets the origin criteria. The entire process of the retrospective check, including notifying the C/O issuing organization of the exporting member country of the origin decision results for the shipment, must be completed within 10 months. During the retrospective check process, the customs authority of the importing member country can delay the granting of preferential tariff treatment while awaiting the verification results.

Details can be found in Circular 40/2015/TT-BCT effective from December 20, 2015.

Ty Na

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