Cases required certification of origin of imported goods in Vietnam

Cases required certification of origin of imported goods in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Cases required certification of origin of imported goods in Vietnam

According to Clause 1, Article 26 of Decree 31/2018/ND-CP, in the following cases, certification of origin of imported goods must be submitted to customs authority:

- Goods originating in a country, group of countries or territory granted Vietnam tariff and non-tariff preferences according to the provisions of Vietnam law and treaties to which Vietnam is a signatory, if importers wish to enjoy such preferences;

- Goods which are announced by Vietnam or international organizations to be in a moment of potentially causing harms to social safety, the community's health or environmental sanitation, and must be controlled;

- Goods which are announced by Vietnam to be currently subject to application of anti-dumping or countervailing duties, safeguard measures, tariff quotas or quantitative restrictions;

- Goods which are subject to import management regulations provided for by Vietnamese law or bilateral or multilateral agreements to which Vietnam and the said country or group of countries or territory is contracting parties.

2. Regulations on verification of origin of exported goods and imported goods in Vietnam

Verification of origin of exported goods and imported goods in Vietnam according to Article 28 of Decree 31/2018/ND-CP as follows:

- The Ministry of Industry and Trade 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 prescribed in Point a Clause 1 of this Article 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 provides 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.

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