Origin of import and export goods

1. What is the origin of the goods?

Base Clause 1, Article 3, Decree 31/2018/ND-CP Explain the origin of goods as follows:

Origin of goods is the country, group of countries, or territory where the entire goods are produced or where the final basic processing of the goods is performed in the case of multiple countries, groups of countries, or regions. territory participating in the production of that good.

2. Documents certifying the origin of goods

According to Clause 1, Article 32, Law on Foreign Trade Management 2017, Clauses 2, 7, Article 3, Decree 31/2018/ND-CP, documents certifying the origin of goods include:

Certificate of origin of goods in the form of documents or other forms with equivalent legal value issued by competent agencies or organizations to traders; Certificate of origin of goods is a document or form with equivalent legal value issued by an agency or organization belonging to a country, group of countries, or territory exporting goods based on relevant regulations and requirements on origin, clearly indicating the origin of the goods.

– Documents self-certifying the origin of goods issued by traders are documents or forms with equivalent legal value that traders self-declare and commit to the origin of goods according to the provisions of law. .

The Minister of Industry and Trade gives written approval for traders to self-certify the origin of exported goods.

3. Application for issuance of Certificate of Origin

Application for issuance of Certificate of Origin of goods

Clause 1, Article 15, Decree 31/2018/ND-CP regulations on grant dossiers Certificate of origin of goods for traders requesting issuance Certificate of origin of goods:

- First time;

– For new products exported for the first time;

– For non-fixed products (with changes in quantity norms, weight norms, HS codes, value and raw material supply for both input materials or output products each time of supply Certificate of origin of goods).

Dossier to request a Certificate of Origin includes:

– Application for issuance Certificate of origin of goods declared completely and validly according to Form No. 04 specified in the attached Appendix Decree 31/2018/ND-CP;

- Sample Certificate of origin of goods The corresponding declaration has been completed;

– Printed copy of export customs declaration. In cases where exported goods do not require customs declaration according to the provisions of law, there is no need to submit a copy of the customs declaration;

– Copy of commercial invoice (stamped as a copy of the original by the trader);

– Copy of bill of lading or copy of equivalent transport document (stamped as true copy of the trader) in case the trader does not have a bill of lading.

Traders are considered not required to submit this document in case of exporting goods with a form of delivery that does not use a bill of lading or other transport documents according to the provisions of law or international practice;

– A detailed declaration of exported goods meeting preferential origin criteria or non-preferential origin criteria according to the form prescribed by the Ministry of Industry and Trade;

– Declaration of origin of the manufacturer or supplier of originating materials or originating goods produced domestically according to the form prescribed by the Ministry of Industry and Trade in case such materials are used for an industry. the next stage to produce another good;

– Copy of the goods production process (stamped as a true copy of the trader);

– In case of necessity, agencies and organizations issue Certificate of origin of goods Physical inspection at the trader's production facility according to regulations Clause 1, Article 28, Decree 31/2018/ND-CP;

Or ask the merchant to request one Certificate of origin of goods Submit additional documents in the form of copies (stamped as true copies of the trader) such as:

+ Customs declaration for import of raw materials and auxiliary materials used to produce exported goods (in case imported raw materials and auxiliary materials are used in the production process);

+ Sales contract or value-added invoice for purchase and sale of domestic raw materials and auxiliary materials (in case domestically purchased raw materials and auxiliary materials are used in the production process);

+ Export license (if any);

+ Documents and other necessary documents.

Hàng hóa có thể quá cảnh trên lãnh thổ Việt Nam bao nhiêu ngày?4. Procedures for issuance of Certificate of Origin of goods

(1) Register trader profile with issuing agency or organization Certificate of origin of goods

Merchant requests grant Certificate of origin of goods For the first time, you must register your business profile with the issuing agency or organization Certificate of origin of goods and is only considered for grant Certificate of origin of goods when you have registered a complete and valid trader profile Article 13 of Decree 31/2018/ND-CP.

(2) Submit application documents Certificate of origin of goods for agencies and organizations Certificate of origin of goods

According to Article 16 of Decree 31/2018/ND-CP, traders submit application documents Certificate of origin of goods in the following ways:

– Declare the application dossier Certificate of origin of goods according to the electronic form available on the Electronic Certificate of Origin Management and Issuance System of the Ministry of Industry and Trade at the address www.ecosys.gov.vn or other websites of agencies and organizations Certificate of origin of goods authorized by the Ministry of Industry and Trade.

– Submit application dossier Certificate of origin of goods directly at the headquarters of the agency or organization issuing the Certificate of Origin,

– Submit application dossier Certificate of origin of goods by mail.

Application for issuance Certificate of origin of goods As prescribed at Article 15 of Decree 31/2018/ND-CP.

(3) Return level results Certificate of origin of goods

*In case the trader declares the application for issuance Certificate of origin of goods electronics, granting process Certificate of origin of goods is done according to the following steps:

– Traders attach documents to the application dossier Certificate of origin of goods in electronic form. These documents must be authenticated by the trader with a digital signature issued by a competent authority. Paper copies of these documents do not need to be returned to the issuing agency or organization Certificate of origin of goods;

– Within 6 working hours from receipt of complete and valid dossier in electronic form, the issuing agency or organization Certificate of origin of goods Notify the system of the results of reviewing the application for issuance Certificate of origin of goods for traders;

– Within 2 working hours from receipt of application Certificate of origin of goods and Certificate of origin of goods has been completely and validly declared in paper form as mentioned in Points a and b Clause 1, Article 15, Decree 31/2018/ND-CP, agency, organization level Certificate of origin of goods return level results Certificate of origin of goods in paper form.

*In case the trader submits an application for issuance Certificate of origin of goods directly at the headquarters of the issuing agency or organization Certificate of origin of goods, granting process Certificate of origin of goods is done according to the following steps:

– Traders submit documents of the application dossier Certificate of origin of goods in paper form;

– The agency or organization that issues the Certificate of Origin returns the issuance results Certificate of origin of goods within 8 working hours from receipt of application dossier Certificate of origin of goods complete and valid.

*In case the trader submits an application for issuance Certificate of origin of goods by post:

Time to return grant results Certificate of origin of goods is 24 working hours from the date of issuance by the agency or organization Certificate of origin of goods receive application dossier Certificate of origin of goods complete and valid according to the date stated on the envelope.

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