Vietnam’s regulations on verification of origin of exported goods and imported goods

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.

According to Decree No. 31/2018/ND-CP of Vietnam’s Government, depending on each case, different competent agencies will provide guidance on checking and verifying the origin of exported and imported goods.

The Ministry of Industry and Trade of Vietnam shall provide guidelines for verification of exported goods and imported goods before and after the C/O is issued and for the self-certification of origin of exported goods in one of the following cases:

- Verify certification of origin issued by the Ministry of Industry and Trade or an agency authorized by the Ministry of Industry and Trade or self-issued certificate of origin as required by customs authority of the importing country;

- Cooperate in inspection visit to the manufacturing facility of the trader to verify the origin of the goods at the request of the customs authority of importing country if certification of origin is refused;

- Form a delegation in charge of inspection visit to the manufacturing facility before the C/O is issued or before a notice of acceptance is granted to the application for self-certification of origin as prescribed by the Ministry of Industry and Trade;

- Form a delegation in charge of inspection visit to the manufacturing facility after the C/O is issued or after a notice of acceptance is granted to the application for self-certification of origin as prescribed by the Ministry of Industry and Trade;

- Take charge and cooperate with domestic relevant bodies and specialized agencies of the importing country to verify the origin of goods.

The Ministry of Finance of Vietnam shall provide guidelines for verification of origin of exported goods and imported goods when following customs declaration in accordance with law on customs in the following cases:

- Verifying origin of exported goods when carrying out export procedures, ensuring that the origin declaration is correct. If it has reasonable doubts as to origin fraud or detects signs of origin fraud associated with exported goods, the Ministry of Industry and Trade shall cooperate with the Ministry of Industry and Trade in actions against origin fraud and illegal transshipment;

- In case of imported goods:

+ Verify the origin of imported goods when following customs declaration;

+ Send a request for verifying certification of origin to the customs authority or competent authority of the importing country at random or when it has reasonable doubts as to whether the certification is accurate and relevant information of the goods is authentic;

+ Send a delegation in charge of inspection visit to the manufacturing facility of the trader in the exporting country in accordance with international treaty to which Vietnam is a signatory if the verification of certification provided by the customs authority or competent authority of exporting country is unsatisfactory, and send a notice to the Ministry of Industry and Trade for cooperation.

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

-Thao Uyen-

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