What is the origin of goods? Under what circumstances are goods considered originating in Vietnam?

What is the origin of goods? Under what circumstances are goods considered originating in Vietnam? (Source: Internet)

1. What is the origin of goods?

According to Clause 1, Article 3 of Decree 31/2018/ND-CP, "origin of good" means a country, group of countries or territory where such good has been wholly obtained or where the last substantial transformation has been carried out when more than one country, group of countries or territory is concerned in the production of the good.

2. Certification of origins of products in Vietnam

Documents certifying the origin of a product as specified in Article 32 of the Law on Foreign Trade Management 2017 include:

- A written certificate of origin or other equivalent forms issued to the trader by the competent authority;

- A self-certification of origin issued by the trader in accordance with regulations 

3. Under what circumstances are goods considered to be originating in Vietnam?

According to Article 6 of Decree 31/2018/ND-CP, a good shall be treated as an originating good if it is:

(1)  Wholly produced or obtained in a country, group of country, or territory as provided in Article 7 of Decree 31/2018/ND-CP.

For the purposes of Clause 1 Article 6 of this Decree, the following goods shall be considered as wholly produced or obtained in a country, group of country, or territory:

- Plants and plant goods, grown and harvested in a Party, the group of Parties, or the territory.

- Live animals born and raised in a country, group of country, or territory.

- Goods obtained from live animals as provided in Clause 2 of Article 7 of Decree 31/2018/ND-CP.

- Goods obtained from hunting, trapping, fishing, aquaculture, gathering, or capturing in a country, group of country, or territory.

- Minerals and naturally occurring substances, not listed from Clause 1 to Clause 4 of Article 7 of Decree 31/2018/ND-CP, extracted or taken from soil, waters, seabed or beneath the seabed in a country, group of country, or territory.

- Goods taken from waters, seabed or beneath the seabed beyond the territorial sea of a Party, a group of Parties, or territory provided that the country, group of country, or territory exercise jurisdiction under exploitation rights granted in accordance with international law.

- Goods of sea-fishing and other marine goods taken from the high seas by any vessel registered or recorded with a country, group of country, or territory and entitled to fly the flag of that Party, group of Parties, or territory.

- Goods produced on board any factory ship from goods as provided in Clause 7 of Article 7 of Decree 31/2018/ND-CP registered or recorded with a country, group of country, or territory and entitled to fly the flag of that Party, group of Parties, or territory.

- Products obtained during the production or consumption in such country or territory which are no longer capable of performing their original functions and so irreparable and unrestorable that they can only be scrapped or used as materials or raw materials or recycled.

- Goods produced or obtained from goods referred to in Clause 1 to 9 of this Article in a country, group of country, or territory.

(2) not wholly produced or obtained in a country, group of countries or territory provided that the good has satisfied the requirements of Article 8 of Decree 31/2018/ND-CP.

A good shall be treated as which are not wholly obtained or produced in a country, group of country, or territory if it satisfies the criteria prescribed in the Appendix of Product Specific Rules stipulated by the Ministry of Industry and Trade of Vietnam.

Quoc Dat

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