Vietnam’s regulations on refusal of application for C/O and revocation of issued C/O

On March 08, 2018, the Government of Vietnam issued Decree No. 31/2018/ND-CP on guidelines for the Law on Foreign Trade Management in terms of origin of goods.

One of the important contents specified in Decree No. 31/2018/ND-CP of Vietnam’s Government is the regulation on refusal of application for C/O and revocation of issued C/O. To be specific:

Refusal of application for C/O

The issuing authority shall refuse the application for issuance of C/O in writing or 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 and provide explanation in any of the following cases:

- The applicant has not registered the trader profile=.

- The application and procedures for issuance of C/O do not comply with regulations.

- There is a contradiction between documents in the application for issuance of C/O.

- The C/O has not been filled in English, has been filled in red ink, by handwriting, erased, printed in various ink colors, or has contained unreadable text or data.

- The good is deemed non-originating or does not satisfy rules of origin.

- The applicant is detected involved in fraud associated with the issuance of the former C/O which has not been completely settled.

- The applicant fails to provide adequate documents and information to justify origin of goods or fails to cooperate in verifying origin of goods upon inspection of the competent authority.

Revocation of issued C/O

The issuing authority shall consider revoking C/O in any of the following 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;

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

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

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.

Decree No. 31/2018/ND-CP of Vietnam’s Government takes effect from March 08, 2018.

-Thao Uyen-

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