Newest regulations on procedures for declaration and issuance of certificate of origin in Vietnam

Newest regulations on procedures for declaration and issuance of certificate of origin in Vietnam (Internet image)

1. Newest regulations on procedures for declaration and issuance of certificate of origin in Vietnam

The regulations on procedures for declaration and issuance of certificate of origin for goods in Vietnam according to Article 16 Decree 31/2018/ND-CP is as follows:

- Traders who request the issuance of the Certificate of Origin for goods must declare the application dossier for the Certificate of Origin via the available electronic form on the Electronic Origin Management and Certification System of the Ministry of Industry and Trade at www.ecosys.gov.vn or other websites authorized by the Ministry of Industry and Trade. The HS code of the goods declared on the Certificate of Origin is the HS code of the exporting country. In case the HS code of the exporting country is different from the HS code of the importing country for the same goods item, the trader is allowed to use the HS code of the importing country and is responsible for the accuracy of the importing country's HS code as declared by the trader.

- In case traders attach the application dossier for the Certificate of Origin to the Electronic Origin Management and Certification System of the Ministry of Industry and Trade at www.ecosys.gov.vn or other authorized websites, the issuance process of the Certificate of Origin is conducted as follows:

+ Traders attach documents of the application dossier for the Certificate of Origin in electronic form. These documents must be authenticated by the trader with a digital signature issued by the competent authority. The paper version of these documents does not need to be resubmitted to the authority issuing the Certificate of Origin;

+ Within 6 working hours from the receipt of the complete and valid electronic dossier, the authority issuing the Certificate of Origin informs the trader of the dossier review results on the system;

+ Within 2 working hours from the receipt of the application for the Certificate of Origin and the completed and valid paper version of the Certificate of Origin as stipulated in items a and b, Clause 1, Article 15 Decree 31/2018/ND-CP, the authority issuing the Certificate of Origin will return the certificate results in paper form.

- In case traders submit the application dossier for the Certificate of Origin directly at the office of the authority issuing the Certificate of Origin, the process is conducted as follows:

+ Traders submit the documents of the application dossier for the Certificate of Origin in paper form;

+ The authority issuing the Certificate of Origin returns the certification results within 8 working hours from the receipt of the complete and valid application dossier.

- When traders submit the application dossier for the Certificate of Origin via post, the result issuance time is 24 working hours from the receipt of the complete and valid application dossier, as indicated by the date on the envelope.

- In case the application dossier for the Certificate of Origin is unclear, does not prove that the goods meet the origin criteria, shows signs of fraudulent transshipment, or there are signs of legal violations regarding previously issued Certificates of Origin, the authority issuing the Certificate of Origin will conduct an inspection at the production site according to the provisions of Article 28 Decree 31/2018/ND-CP.

2. Responsibilities of Traders applying the Issuance of Certificates of Origin in Vietnam

The responsibilities of traders requesting the issuance of Certificates of Origin according to Article 24 Decree 31/2018/ND-CP are as follows:

- Register the trader dossier with the authority issuing the Certificate of Origin.

- Submit the application dossier for the Certificate of Origin to the authority issuing the Certificate of Origin.

- Prove that the goods requested for the Certificate of Origin meet the regulations on the origin of goods.

- Be responsible before the law for the accuracy and truthfulness of the declared information and the determination of the origin of goods, even when authorized by the exporter.

- Coordinate with the goods manufacturer to request the declaration of origin and provide documents proving that the goods meet the origin criteria when the trader requesting the Certificate of Origin is an exporter but not the manufacturer of the exported goods.

- Retain the application dossier for the Certificate of Origin according to the provisions of Article 30 Decree 31/2018/ND-CP.

- Promptly inform the authority issuing the Certificate of Origin if the issued Certificate of Origin has been rejected.

- Be responsible for working, providing complete dossiers, documents, information, and related materials to serve the verification of the origin of goods and arrange inspections at the production site as required by the authority issuing the Certificate of Origin or the competent authority of the importing country.

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