Procedures for inspection of documents self-certifying the released origin of goods in Vietnam

 Procedures for inspection of documents self-certifying the released origin of goods in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for inspection of documents self-certifying the released origin of goods in Vietnam 

Procedures for inspection of documents self-certifying the released origin of goods in Vietnam according to Article 9 of Circular 39/2018/TT-BCT are as follows:

- Upon the request of the importing country's authorized body, the inspection of documents self-certifying the released origin of goods shall be carried out according to the following procedures:

+ The body or organization granting the written approval of self-certification of the origin of goods sends the tradesperson participating in the system for self-certification of the origin of goods a written request for inspection, enclosing the request for inspection of the origin of goods made by the importing country’s authorized body.

+ The tradesperson participating in the system for self-certification of the origin of goods inspects and informs the body or organization granting the written approval of self-certification of the origin of goods in writing of the origin inspection result:

++ Within duration of 20 working days of receipt of the written request for inspection referred to in point a of clause 1 of rticle 9 of Circular 39/2018/TT-BCT;

++ Within duration of 10 working days of receipt of the written request for inspection as aforestated in point a clause 1 of rticle 9 of Circular 39/2018/TT-BCT if the importing country’s authorized body sends the written reminder of the request for inspection of the origin of goods.

+ In case of needing an extension of the duration for sending the notification of the origin inspection result as prescribed in point b of clause 1 of rticle 9 of Circular 39/2018/TT-BCT, the tradesperson participating in the system for origin self-certification sends the body or organization granting the written approval of origin self-certification a written explanation no later than 5 working days ahead of the prescribed deadline.

In the course of inspection of documents self-certifying the released origin of goods, the body or organization granting the written approval of self-certification of the origin of goods must request the tradesperson to provide additional evidences and materials where necessary.

+ Within the duration of 5 working days of receipt of the origin inspection result as stated in point b of clause 1 of rticle 9 of Circular 39/2018/TT-BCT, the body or organization granting the written approval of self-certification of the origin of goods sends the written notification to the importing country’s authorized body.

+ In case where the preferential rules of origin referred to in international treaties of which Vietnam is a member otherwise prescribe the duration for sending the notification and the duration of extension of the deadline for sending the notification of the origin inspection result to the importing country's authorized body, the body or organization granting the written approval of self-certification of the origin of goods shall comply with these regulations of international treaties.

+ Within the duration of 5 working days of receipt of the notification (if any) from the importing country's authorized body regarding the origin inspection result as stated in point d of clause 1 of this Article, the body granting the written approval of self-certification of the origin of goods sends the written notification to the tradesperson involved in the system for self-certification of the origin of goods.

- With respect to the inspection and management of risks and prevention of fraud in the origin of goods by the body or organization granting the written approval of self-certification of the origin of goods, the probability-based, periodic inspection of documents self-certifying the released origin of goods or such inspection carried out in case of any suspicion of origin fraud shall be subject to the following procedures:

+ The body or organization granting the written approval of self-certification of the origin of goods sends the tradesperson participating in the system for self-certification of the origin of goods a written request for inspection.

+ Within the duration of 20 working days of receipt of the written request for inspection as stated in point a of clause 2 of rticle 9 of Circular 39/2018/TT-BCT, the tradesperson participating in the system for self-certification of the origin of goods sends the body granting the written approval of self-certification of the origin of goods sends the written notification of the origin inspection result.

+ In case of needing an extension of the duration for responding to the written request for inspection of the origin of goods, the tradesperson participating in the system for origin self-certification sends the body or organization granting the written approval of origin self-certification a written explanation no later than 5 working days ahead of the prescribed deadline.

In the course of inspection of documents self-certifying the released origin of goods, the body or organization granting the written approval of self-certification of the origin of goods may request the tradesperson to provide additional evidences and materials where necessary.

+ The body or organization granting the written approval of origin self-certification reports to the Ministry of Industry and Trade on the origin inspection result after completion of the inspection.

- In case of receiving the request of the importing country’s authorized body or other domestic competent authority for inspection of documents self-certifying the released origin of goods, the tradesperson participating in the system for self-certification of the origin of goods reports to the Ministry of Industry and Trade for its cooperation in taking necessary actions.

2. Procedures for inspection of documents certifying the origin of goods released by the tradesperson in accordance with the importing country’s regulations in Vietnam

Procedures for inspection of documents certifying the origin of goods released by the tradesperson in accordance with the importing country’s regulations in Vietnam according to Article 10 of Circular 39/2018/TT-BCT are as follows:

- Upon the request of the importing country's authorized body, the inspection of documents certifying the origin of goods released by the tradesperson in accordance with the importing country’s regulations shall be carried out according to the following procedures:

+ The body or organization receiving the registration of origin certification code complies with clause 1 of Article 9 of Circular 39/2018/TT-BCT

+ In case where the preferential rules of origin referred to in the generalized system of preferences, or other unilateral trade preferences that the importing country grants to Vietnam, otherwise prescribe the duration for issuance of the notification and the duration for extension of the deadline for issuing the notification of the origin inspection result to the importing country’s authorized body, the body or organization receiving the registration of origin certification code must comply with the regulations of the importing country.

- With respect to the inspection and management of risks and prevention of fraud in the origin of goods by the body or organization receiving the registration of origin certification code, the probability-based, periodic inspection of documents certifying the origin of goods released by the tradesperson or such inspection carried out in case of any suspicion of origin fraud shall be subject to clause 2 of Article 9 of Circular 39/2018/TT-BCT.

- In case of receiving the request of the importing country’s authorized body or other domestic competent authority for inspection of documents certifying the origin of goods released by the tradesperson in accordance with regulations of the importing country, the tradesperson must report to the Ministry of Industry and Trade for its cooperation in taking necessary actions.

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