According to Decree No.
31/2018/ND-CP guiding Law on Foreign Trade Management in terms of origin of
goods: “The Certificate of Origin means a written form or other form of
equivalent legal validity granted by competent authority belonged to country,
group of countries or territories exporting the goods based on regulations and
requirements of origin, specifying origin of this goods”.
We comprehend that the
Certificate of Origin (hereinafter referred to as “C/O”) is certificate of
goods origin issued by a country (export country) to confirm goods produced and
distributed by this country in the export market in accordance with the rules
of origin to create the most favourable conditions for goods importing to other
country (import country) on tariffs. C/O is an important instrument in
importing and exporting goods.
Functions
of C/O
Tariff preferences:
Determining the origin of goods help us differentiate the import goods enjoyed
tariff preferences to apply the preference regime according to trade agreements
as signed by the countries.
Anti-dumping duty and anti-subsidy duty application: In
the event that goods is dumped or subsidized in the market of other country,
determining the origin of goods shall make anti-dumping duty and anti-subsidy
duty application possible.
Statistics of trade and
maintenance of quota system: Determining the origin of goods make compilation
on statistics of trade of country or area easier. On this basis, competent
authority of trade can maintain the quota system.
Category
of C/O
Non-preferential C/O means
a ordinary C/O confirming the origin of product from a specific country.
Preferential C/O means a
C/O allowing the product eliminated or reduced from the country’s permission
such as: Generalized Systems of Preferences (GSP), Commonwealth Preference
Certificates (CPC), Common Effective Preferential Tariff (CEPT),…
The
Agency granting C/O
Ministry of Industry and
Trade of Vietnam is the agency granting Certificate of Origin directly or
authorizing Vietnam Chamber of Commerce and Industry (VCCI) or other
organization to issue Certificate of Origin.
According to the prevailing
law, the treaty signed by Vietnam and the provision of import country on
Certificate of Origin, the Ministry of Industry and Trade stipulates the
regulation on selection of trader, procedure of self-certifying the origin,
obligation and liability of self-certifying the origin, inspection of the
self-certifying of origin of goods exported by traders and remedy.
Process
of issuing C/O
When applying for C/O for
the first time, the trader shall have to submit dossier to competent authority.
Dossier includes:
– Request for Certificate
of Origin;
– Form of C/O filled in
full into 01 (one) original copy and 03 (three) copies. The original copy and
one of the copies shall be sent to the Importer by the Exporter and the
Importer shall submit such instruments to competent authority in loading port
or unloading port. The second copy and the third copy shall be saved by the
agency issuing this C/O and the Exporter respectively. In case of import
country’s requirement, the applicant can request the Agency issuing this C/O to
grant more than 03 (three) copies of C/O;
– The declaration of completing
the customs procedure at competent authority (certified copy with signature of
competent persons), excepting the case it’s not necessary for export goods to
declare according to the laws. The applicant of C/O shall have the right
to submit this instrument no more than 30 (thirty) days from the date granting
C/O in case of legitimate reasons.
If necessary, the agency
issuing C/O may require the applicant to provide another instruments relating
to export product such as: the declaration of importing material; the
certificate of export; sales contract; VAT invoices; sample of material or
product; bill of lading; air way bill and other instruments relating to origin
of export goods..
Relating to enterprise
participating eCOSys, all instruments shall be made by trader via electronic
system and automatically transferred to agency issuing C/O. The agency issuing
C/O bases on electronic dossier to check validity information and grant
C/O to trader as soon as receiving full dossiers in hardcopy.
The agency issuing C/O
informs the result of submitting dossier via eCOSys no later than 06 (six)
working hours from receiving validity electronic dossier.
The
agency grants Certificate of Origin to trader no more than 02 (two) working
hours after receiving application in hardcopy.
