THE
MINISTRY OF FINANCE OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
33/2023/TT-BTC
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Hanoi,
May 31, 2023
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CIRCULAR
PRESCRIBING DETERMINATION OF ORIGIN OF IMPORTS AND EXPORTS
Pursuant to the Law on Customs
dated June 23, 2014;
Pursuant to the Law on Export
and Import Duties dated April 06, 2016;
Pursuant to the Law on Foreign
Trade Management dated June 12, 2017;
Pursuant to the Government’s
Decree No. 08/2015/ND-CP dated January 21, 2015 providing guidelines for the
Law on Customs regarding customs procedures, inspection, supervision and
control; the Government’s Decree No. 59/2018/ND-CP dated April 20, 2018 on
amendments to the Government’s Decree No. 08/2015/ND-CP providing guidelines
for the Law on Customs regarding customs procedures, inspection, supervision
and control;
Pursuant to the Government’s
Decree No. 31/2018/ND-CP dated March 08, 2018 providing guidelines for
implementation of the Law on Foreign Trade Management regarding origin of
goods;
Pursuant to the Government’s
Decree No. 43/2017/ND-CP dated April 14, 2017 prescribing labeling of goods;
the Government’s Decree No. 111/2021/ND-CP dated December 09, 2021 providing
amendments to the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017
prescribing labeling of goods;
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Pursuant to the Government’s
Decree No. 14/2023/ND-CP dated April 20, 2023 defining functions, tasks, powers
and organizational structure of the Ministry of Finance of Vietnam;
At the request of the Director
General of General Department of Vietnam Customs;
The Minister of Finance of Vietnam
promulgates a Circular prescribing determination of origin of imports and
exports.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Circular provides for required
documentation and pre-determination of origin; declaration and submission of
proofs of origin of imports and exports; procedures and contents of inspection,
determination and verification of origin of imports and exports.
Article 2.
Regulated entities
1. Customs declarants.
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3. C/O issuing bodies; traders
making out origin declarations.
4. Other organizations and
individuals whose rights and obligations are related to determination of origin
of imports and exports.
Chapter II
PRE-DETERMINATION OF
ORIGIN OF IMPORTS AND EXPORTS
Article 3. Application
for pre-determination of origin
Before following customs procedures
for their import or export shipment, the organization or individual that
requests pre-determination of origin shall submit an application for
pre-determination of origin which includes:
1. An application form made using
the Form in Appendix I enclosed herewith: 01 original;
2. The statement of production
costs made using the Form in Appendix II enclosed herewith and the origin
declaration made using the Form in Appendix III enclosed herewith by the
domestic producer/supplier of materials or supplies which are used in the
production of another product: 01 copy;
3. The production process or
certificate of analysis (if any): 01 copy.
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Article 4.
Receipt and inspection of application for pre-determination of origin
1. The application for
pre-determination of origin which includes the documents prescribed in Article
3 of this Circular shall be submitted to the General Department of Vietnam
Customs by the deadline prescribed in Clause 11 Article 1 of the Government’s
Decree No. 59/2018/ND-CP dated April 20, 2018.
2. The General Department of
Vietnam Customs shall receive and inspect the application, and follow
procedures for pre-determination of origin in accordance with the provisions of
Article 28 of the Customs Law and Clause 11 Article 1 of the Decree No.
59/2018/ND-CP dated April 20, 2018.
Chapter III
DECLARATION AND
SUBMISSION OF PROOFS OF ORIGIN, INSPECTION, DETERMINATION AND VERIFICATION OF ORIGIN
OF EXPORTS
Article 5.
Declaration and submission of proofs of origin of exports
1. When following customs
procedures, the customs declarant shall declare the origin of exported good in
the "description of goods” box of the electronic customs declaration which
is made using Form No. 02 in Appendix I enclosed with the Circular No.
39/2018/TT-BTC dated April 20, 2018 of the Ministry of Finance of Vietnam. To
be specific:
a) If the exported good qualifies
as an originating good of Vietnam as prescribed in the Government’s Decree No.
31/2018/ND-CP dated March 08, 2018, the format “mô tả hàng hóa#&VN”
(“description of goods#&VN”) shall apply;
b) If the exported good qualifies
as an originating good of another country, the format “mô tả hàng hóa#& (mã
nước xuất xứ của hàng hóa)” (“description of goods#& (code of the country
of origin)”) shall apply;
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If a physical customs declaration is
used, the origin of good shall be declared in the “origin” box of Form No.
HQ/2015/XK in Appendix IV enclosed with the Circular No. 38/2015/TT-BTC .
2. If the origin of the exported
good has been pre-determined under a notice given by the Director General of
the General Department of Vietnam Customs, number, issue date and expiry date
of that notice shall be declared in the “license” box of Form No. 02 in
Appendix II or Form No. HQ/2015/XK in Appendix IV enclosed with the Circular
No. 38/2015/TT-BTC .
3. When following customs
procedures for the exported good, the customs declarant must not submit the
proof of origin of such good to the customs authority. If the customs declarant
wishes to submit the proof of origin or notice of origin pre-determination results,
the customs authority shall receive and inspect such documents in accordance
with the provisions of Articles 6, 7, 8 and 9 of this Circular.
Article 6.
Inspection and determination of origin of exports before grant of customs
clearance
1. The Customs Sub-department where
the customs declaration is registered shall inspect and determine the origin of
exported goods by means of examining the information provided by the customs
declarant, the notice of origin pre-determination results (if any), documents
included in the customs dossier and physical inspection results (if any), and
take the following actions:
a) If the inspection results show
that the origin of good matches that declared on the customs declaration, the
declared origin of good shall be accepted;
b) If the Customs Sub-department
has sufficient grounds for determining that the origin of good does not match
that declared on the customs declaration, it shall take further actions as
prescribed and request the customs declarant to make additional declaration as
prescribed in Clause 9 Article 1 of the Circular No. 39/2018/TT-BTC ;
c) If the Customs Sub-department
where the customs declaration is registered has grounds for suspecting the
origin of the exported good or receives any information on origin fraud or
illicit transshipment, it shall:
- carry out the physical inspection
according to the method and to an extent decided by its Director;
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+ The proof of origin (if any); If
the “De-minimis” criterion applies, invoices and/or documents on purchased
materials and supplies shall be submitted;
+ The production process; the
statement of production costs made using the Form in Appendix II enclosed
herewith and the origin declaration made using the Form in Appendix III
enclosed herewith by the domestic producer or supplier of materials or supplies
which are used in the production of another product.
d) Where the Customs Sub-department
where the customs declaration is registered has grounds for suspecting the
authenticity of the proof of origin or the accuracy of information concerning
the origin of good specified thereon, or that the customs declarant has
intentionally destroyed documents, records and data concerning the inspection
and determination of the origin of the exported good, it shall report and
request the relevant provincial Customs Department to conduct a verification
with the competent authority that issued the proof of origin as prescribed in
Article 7 of this Circular or conduct a verification visit to the producer's
premises as prescribed in Article 8 of this Circular;
e) Where the customs declarant
makes out an origin declaration or fails to provide documents proving the
origin of exported good or provides them after the deadline specified in Point
c.2 of this Clause or provides the documents which are not adequate and valid
for determining the origin of good, the Customs Sub-department where the
customs declaration is registered shall report and request the relevant
provincial Customs Department to conduct a verification visit to the producer's
premises as prescribed in Article 8 of this Circular;
g) While awaiting the results of
verification, customs procedures and customs clearance may be followed and
granted to the exported good as prescribed.
2. The origin of exported goods
shall be inspected following the rules of risk assessment and declaration
classification results given by customs authorities.
Article 7.
Verification with authority or organization that issued proofs of origin of
exported goods
1. The provincial Customs
Department where the customs declaration is registered shall send a request for
verification which should indicate any information on the doubt as to the
origin of goods to the authority or organization that issued the proof of
origin.
2. If verification result is given
within 60 days from the day on which the verification request is sent, the
provincial Customs Department receives shall notify the verification result to
the Customs Sub-department where the customs declaration is registered within
03 working days from its receipt for taking actions as prescribed and informing
the customs declarant.
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Article 8. Verification
visit to producer’s premises
1. Issue a decision on verification
visit
a) The Director of the provincial
Customs Department shall issue a decision to conduct a verification visit to
the producer’s premises using the Form in Appendix IV enclosed herewith;
b) The decision on verification
visit is sent directly in the form of registered mail or facsimile to the
producer at least 05 working days before the expected date of verification
visit;
If the producer makes a written
request for change of verification date at least 03 working days before the
verification date specified in the decision on verification visit, the person
issuing the decision on verification visit shall decide to change the
verification date as requested by the producer. The verification date shall be
the date specified in the decision to change the verification date;
c) If the producer’s premises are
not located in the area under the management of the provincial Customs
Department where the customs declaration is registered, the provincial Customs
Department where the customs declaration is registered shall request the
provincial Customs Department in charge of managing such premises in writing to
conduct the verification visit to the producer’s premises as prescribed. In its
written request, the provincial Customs Department where the customs
declaration is registered shall indicate contents of verification and all
doubts as to the origin of good. The provincial Customs Department in
charge of managing the producer’s premises shall issue a verification visit
decision, follow procedures for verification visit to the producer’s premises
laid down in this Article, and process verification results according to
Article 9 of this Circular;
d) If the exporter is not the
producer, the exporter shall cooperate with the producer in complying with the
customs authority’s requests for verification visit to the producer’s premises
according to the verification procedures in this Article and process
verification results according to Article 9 of this Circular.
2. The verification visit to the
producer’s premises must be conducted within 10 working days from the date
specified in the decision on verification visit. In complicated
circumstances, the person issuing the decision on verification visit may extend
the verification time limit up to 10 working days.
If the producer fails to comply
with the decision on verification visit or fails to provide explanations,
documents, records and/or data as requested by the customs authority, the
customs authority may take actions against such violations as prescribed in
Clause 2 Article 9 of this Circular.
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a) Examine and verify the following
documents:
- The documents included in the
customs dossier;
- The sales contract or processing
contract (signed with a foreign trader) or VAT invoices for purchase of
domestic materials and supplies (if any);
- The statement of exported goods
qualified for preferential rules of origin or non-preferential rules of origin
which is made using the form issued by the Ministry of Trade and Industry of
Vietnam;
- Production process;
- The statement of production costs
made using the Form in Appendix II enclosed herewith and the origin declaration
made using the Form in Appendix III enclosed herewith by the domestic
producer/supplier of materials or supplies which are used in the production of
another product;
- Other relevant documents, records
and data.
The customs authority shall not
request the producer to provide physical copies of the documents included in
the customs dossier.
b) Inspect the production process:
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- Capacity of machinery and
equipment;
- Number of employees involved in
production of the good;
- Capacity and scale of production,
processing or performance of certain processes or operations
(tons/product.../year; total capacity, scale of machinery, equipment,
personnel, etc.).
4. Making record of verification
visit
A record of the verification visit
which includes the entire process and contents of the verification visit shall
be made between the producer’s legal representative and the verification team.
5. Verification visit results
a) The customs authority shall send
results of the verification visit to the producer within 05 working days upon
the completion of the verification visit for knowing and making necessary
explanations;
b) The producer shall provide
necessary explanations within 05 working days from the receipt of results of
the verification visit. If the customs authority does not receive any
explanations after the expiration of this time limit, it shall take actions
based on existing documents;
c) In case of complicated documents
or contents where there are not sufficient grounds to reach conclusions, the
customs authority may get specialized opinions from competent authorities.
Within 15 days from the receipt of written opinions from competent authorities,
the customs authority shall reach the conclusions on the verification visit;
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Article 9.
Processing of results of verification with authority or organization that
issued proofs of origin and verification visit to producer’s premises
Based on existing information,
documents, records, data, results of verification with the authority or
organization that issued the proof of origin or results of the verification
visit to the producer’s premises and explanations provided by the customs
declarant, the customs authority shall take actions as follows:
1. If there are sufficient grounds
for determining that the declared origin of good is satisfactory, the customs
authority shall issue a notice of acceptance of the declared origin.
2. If there are not sufficient
grounds for determining that the declared origin of good is satisfactory, the
customs authority shall take appropriate actions based on existing documents
and request the customs declarant to make additional declaration of origin of
the good according to the results of inspection, determination and verification
of origin given by the customs authority, and also notify its verification
results to the authority that issued the proof of origin for consideration.
Additional declaration shall be made according to Clause 9 Article 1 of the
Circular No. 39/2018/TT-BTC .
3. Where there are sufficient
grounds for the doubt as to the origin of goods declared by the customs
declarant for the purpose of illicit transshipment or evasion of trade
remedies, the provincial Customs Department shall report and request the
General Department of Vietnam Customs to cooperate with the Ministry of
Industry and Trade of Vietnam or Vietnam Chamber of Commerce and Industry to take
actions against this case as prescribed.
Chapter IV
DECLARATION AND
SUBMISSION OF PROOFS OF ORIGIN, INSPECTION, DETERMINATION AND VERIFICATION OF
ORIGIN OF IMPORTS
Article 10.
Submission of proof of origin for imports
1. The proof of origin must be submitted
to the customs authority in the following cases:
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b) The proof of origin of a good is
required according to the announcement of Vietnam’s competent authorities to
prove that the good is imported from a country, group of countries or territory
that is not included in the Consolidated List enclosed with the Resolution of
the United Nations Security Council;
c) The proof of origin is required
for a good in the list in Appendix V enclosed herewith or according to the
announcement of the relevant Ministry or regulatory authority to prove that the
good is not imported from countries that pose a risk of causing harm to social
safety, community health or environmental hygiene;
d) The imported good is included in
the Minister of Industry and Trade’s list of goods subject to anti-dumping
duty, countervailing duty, safeguard measures, tariff quotas, measures against
evasion of trade remedies or limits on quantity of goods.
2. The customs authority shall not
request the customs declarant to submit the proof of origin if it is exempted
under an international convention to which Vietnam is a signatory.
3. If the customs declarant wishes
to submit the proof of origin in a case other than those specified in Clause 1
of this Article when following customs procedures, the provisions of Article 11
of this Circular shall apply.
4. Forms of proof of origin
a) For a good specified in Point a
Clause 1 of this Article, either the certificate of origin (C/O) or origin
declaration shall be submitted to the customs authority in accordance with the
provisions of the relevant Free Trade Agreement (FTA);
b) For a good specified in Point b,
c or d Clause 1 of this Article, the customs declarant shall submit the proof
of origin as prescribed in Point a of this Clause or non-preferential proof of
origin which is issued by a competent authority or organization of the
exporting country and meets minimum data requirements set forth in Clause 3
Article 15 of this Circular.
Article 11.
Declaration of proof of origin for imports
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2. If an imported good is supported
by a notice of origin pre-determination results which is issued by the General
Department of Vietnam Customs and still valid according to Article 24 of the
Decree No. 08/2015/ND-CP , the customs declarant shall declare the number and
issue date of that notice in the “Notes” box of the electronic customs
declaration or the “Attached documents” box of the physical customs
declaration.
3. Where the quantity of imported
good is monitored on a C/O, the customs declarant shall declare the issue date
and issuing body of the import quantity monitoring sheet in the “Notes” box of
the electronic customs declaration or the “Attached documents” box of the physical
customs declaration.
4. The customs declarant shall be
allowed to make additional declaration of information on the proof of origin if
such information is not provided or has been incorrectly provided when
following customs procedures according to Clauses 1, 2 and 3 of this Article.
Additional declaration shall be made according to Clause 9 Article 1 of the
Circular No. 39/2018/TT-BTC .
Article 12.
Time limit for submission of proof of origin for imports
1. For a good specified in Point a
Clause 1 Article 10 of this Circular:
a) The customs declarant shall
submit its proof of origin when following customs procedures;
b) Where a proof of origin is not
available when following customs procedures:
- The imported good shall be
subject to the MFN (Most-Favoured-Nation) rate or normal tariff rate and
granted customs clearance as prescribed. In case there is a credit
institution’s guarantee for difference in tax amounts payable, the imported
good shall be subject to the special preferential tariff rate and granted
customs clearance as prescribed;
- The customs declarant shall
additionally declare and submit the proof of origin within a maximum period of
one (01) year from the date of registration of customs declaration.
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- When the proof of origin is
additionally submitted within the period specified in Point b.2 of this Clause,
the imported good shall be subject to the special preferential tariff rate and
the customs authority shall handle overpaid tax amounts, if any, in accordance
with regulations of law; In case there is a credit institution’s guarantee for
the difference between tax amount payable at the special preferential tariff
rate and that payable at the MFN rate or normal tariff rate, the customs authority
shall update its handling of such overpaid tax amounts on the system and also
notify the same to the credit institution.
c) The proof of origin must be
submitted to the customs authority within its validity period whether it is a
new, modified or retroactively issued proof of origin or a certified copy
thereof in accordance with provisions of the relevant FTA.
2. With regard to a good specified
in Point b or c Clause 1 Article 10 of this Circular, the customs declarant
shall submit its proof of origin when following customs procedures; failure to
do so shall result in refusal to grant customs clearance to the good which
shall be also treated in accordance with regulations of laws.
3. For a good specified in Point d
Clause 1 Article 10 of this Circular:
a) The customs declarant shall
submit its proof of origin when following customs procedures;
b) Where a proof of origin is not
available when following customs procedures:
- The imported good shall be subject
to the tariff rate decided by the Ministry of Industry and Trade of Vietnam. In
case there is a credit institution’s guarantee for tax amount payable, the
imported good shall be subject to the tariff rate declared by the customs
declarant and granted customs clearance as prescribed;
- The customs declarant shall
additionally declare and submit the proof of origin within a maximum period of
30 days from the date of registration of the customs declaration in order to
claim the tariff rate decided by the Ministry of Industry and Trade of Vietnam
and have overpaid tax amounts, if any, handled in accordance with regulations
of law; In case there is a credit institution’s guarantee for tax amount
payable, the customs authority shall update its handling of such overpaid tax
amounts on the system and also notify the same to the credit institution.
4. The proof of origin shall be
submitted to the customs authority in the form of electronic data or electronic
version converted from the physical one (i.e. scanned copy certified by digital
signature) through the electronic customs data processing system as prescribed
in Clause 7 Article 1 of the Circular No. 39/2018/TT-BTC. In case a C/O is
issued through the National single-window portal, the ASEAN single-window portal
or a website notified by a competent authority of the exporting country, the
customs declarant must not submit the C/O but shall make declaration according
to Clause 1 Article 11 of this Circular.
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5. The customs declarant shall
retain original copies of proofs of origin and present them to customs
authorities upon post-clearance inspection, specialized inspection or customs
inspection or in case the validity of the proof of origin is suspected by the
customs authority while processing customs procedures.
Where the customs declarant fails
to present the proof of origin, the customs authority shall carry out verification
procedures and take actions as prescribed in Article 19 of this Circular.
6. In case of guarantee as
prescribed in Clause 1 and Clause 3 of this Article, such guarantee must be
provided in accordance with provisions of Article 43 of the Circular No.
38/2015/TT-BTC and Clause 24 Article 1 of the Circular No. 39/2018/TT-BTC .
Article 13.
Additional submission of proof of origin for imports in specific circumstances
1. If a proof of origin has not
been submitted by the customs declarant when following procedures for
registration of customs declaration, it may be additionally submitted for the
purpose of claiming special preferential tariff rate in the following
circumstances:
a) Goods are repurposed. To be
specific: imported goods which are not subject to import duty or are eligible
for exemption of import duty or tariff rates within the tariff quota have been
released or granted customs clearance but there are changes in the quantity of
goods not subject to import duty or the purpose of import duty exemption or
application of tariff rates within the tariff quota; imported goods which are
raw materials/supplies used for processing or production of goods to be
exported or temporarily imported goods have been released or granted customs
clearance but are repurposed or sold domestically;
b) There is a change in tariff
classification. To be specific: the code of the imported good is re-determined
by the customs authority upon post-clearance inspection, specialized inspection
or performance of other specialized operations or a change in tariff
classification code is detected by the customs declarant, and thus the import
duty is changed accordingly. In case a change in tariff classification affects
the origin criterion specified in the proof of origin, provisions of Article 16
of this Circular shall apply;
c) The imported good is no longer
eligible for investment incentives. To be specific: the imported good is found
ineligible for investment incentives by the customs authority during the
post-clearance inspection, specialized inspection or customs inspection or by
the customs declarant himself, and thus the obligation to pay import duty is
changed accordingly.
2. With regard to a repurposed good
as prescribed in Point a Clause 1 of this Article, if, when following
procedures for registration of a new customs declaration, the imported good is
included in the Minister of Industry and Trade’s list of goods subject to trade
remedies, the customs declarant shall additionally declare and pay import duty
at the tariff rate specified in the relevant decision to impose trade remedies.
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a) Regarding a good specified in
Point a Clause 1 of this Article: the proof of origin shall be additionally
submitted when the customs declarant follows procedures for repurposing of the
good. The proof of origin additionally submitted must be still valid when
initiating customs procedures, unless otherwise prescribed in a FTA to which
Vietnam is a signatory;
b) Regarding a good specified in
Point b or c Clause 1 of this Article: the proof of origin shall be
additionally submitted within 05 working days from the day on which the customs
authority issues the record of post-clearance inspection, specialized
inspection or customs inspection or the customs declarant finds that the
imported good is ineligible for investment incentives or detects a change in
tariff classification of the imported good. The proof of origin additionally
submitted must be still valid when following customs procedures for imports,
unless otherwise prescribed in a FTA to which Vietnam is a signatory.
Article 14.
Rejection of proof of origin for imports
Customs authorities may reject
proofs of origin in the following circumstances:
1. A proof of origin is
additionally submitted after the deadline specified in Article 12 of this
Circular.
2. The competent authority of the
exporting country that issued the proof of origin notifies the invalidation of
that proof of origin or that the imported good supported by that proof of
origin fails to meet the origin criterion of the exporting country.
Article 15.
Examination of proof of origin of imports
1. If a good is imported from a
country, group of countries or territory that has entered into an agreement on
preferential tariff treatment in trade relation with Vietnam, pursuant to the
rules of origin under the framework of each FTA introduced in specific Circular
of the Ministry of Industry and Trade of Vietnam, the customs authority shall
determine the validity of the C/O by means of examining and verifying
information provided thereon, documents included in the customs dossier and
physical inspection results (if any).
In case a proof of origin is issued
through the National single-window portal, the ASEAN single-window portal or a
website notified by a competent authority of the exporting country, the customs
declarant shall examine its validity, determine the MFN rate as prescribed and
update information on examination results on the customs declaration.
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If the customs declarant submits an
origin declaration in conformity with provisions of a FTA to which Vietnam is a
signatory, pursuant to guidelines given in a specific Circular of the Ministry
of Industry and Trade of Vietnam, the customs authority shall determine the
validity of the origin declaration by means of examining and verifying
information provided thereon, documents included in the customs dossier and
physical inspection results (if any). An origin declaration made out under the
framework of the CPTPP Agreement must have adequate minimum data as prescribed
in Appendix VI enclosed herewith.
In case a website for verifying the
origin declaration is available in accordance with the provisions of a FTA to
which Vietnam is a signatory, the customs authority shall determine the
validity of the origin declaration by checking the number of the exporter
eligible to make out the origin declaration on the website and update
information on examination results on the customs declaration.
3. If a good is imported from a
country, group of countries or territory that has not yet entered into an
agreement on preferential tariff treatment in trade relation with Vietnam, the
C/O must have the minimum data as follows:
a) Exporter;
b) Importer;
c) Means of transport;
d) Description and HS code of
goods;
dd) Quantity, weight or volume of
goods;
e) Country, group of countries or
territory of origin;
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h) Signature of authorized
signatory and C/O issuing body.
In case an electronic C/O is
issued, the customs authority shall check its validity on the website or
adopting another method as specified on the C/O.
4. Rejection of proofs of origin:
a) During the examination of the
proof of origin as prescribed in Clause 1, Clause 2 and Clause 3 of this
Article, if the customs authority has sufficient justification for confirming
that the proof of origin is invalid or the exporter or producer fails to
cooperate in verifying the origin of goods as prescribed in Point c Clause 1 Article
21 of this Circular, it shall reject the proof of origin and take actions as
follows:
- The good specified in Point a
Clause 1 Article 10 of this Circular shall be subject to the MFN rate or normal
tariff rate and granted customs clearance as prescribed;
- The good specified in Point b or
c Clause 1 Article 10 of this Circular shall not be granted customs clearance
and be handled in accordance with regulations of law;
- The good specified in Point d
Clause 1 Article 10 of this Circular shall be subject to the tariff rate
specified in the Ministry of Industry and Trade of Vietnam’s decision to impose
trade remedies and be granted customs clearance as prescribed.
A proof of origin issued under the
framework of the CPTPP Agreement shall be rejected according to Point c of this
Clause.
b) The customs authority shall
notify the rejection of proof of origin on the electronic customs data
processing system or in the form of a written statement, or directly write the
reasons for rejection on the proof of origin which will be then returned to the
customs declarant so that the customs declarant may contact the authority or
organization or producer or exporter issuing the proof of origin;
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d) Within 05 working days from the
receipt of the notice of rejection from the customs authority, the customs
declarant must make additional declaration of tax amounts according to
instructions given by the customs authority. If the customs declarant fails to
make additional declaration of tax amounts within this time limit, the customs
authority shall impose tax or take actions in accordance with regulations of
law.
5. Where the customs declarant has
submitted the proof of origin for the entire shipment but only imports part of
that shipment, the customs authority shall accept the proof of origin for the
part of goods actually imported; when the customs declarant imports the
remaining part of the shipment, the customs authority shall accept the proof of
origin if the quantity of goods actually imported is conformable with that
specified in the proof of origin.
6. If the actual quantity, weight
or volume of the imported goods exceeds that specified in the proof of origin
but does not affect the validity of the proof of origin, the customs authority
shall grant preferential tariff treatment for the quantity, weight or volume of
the imported goods specified in the proof of origin. The exceeding part of
imported goods shall also be eligible for preferential treatment if the customs
declarant additionally submits a proof of origin indicating the quantity of
goods conformable with that exceeding part of imported goods within its
validity period.
7. The customs authority shall
accept a proof of origin and consider applying special preferential tariff rate
in cases where the commercial invoice is issued by a third party. The
customs authority shall examine and compare information concerning the name,
country, group of countries or territory where the company issuing the third
party invoice is located on the proof of origin with the information on the
third party invoice in order to determine its conformity and validity in
accordance with the provisions of the FTA to which Vietnam is a signatory.
8. Minor errors or discrepancies
that may not invalidate the proof of origin:
The customs authority shall accept
the proof of origin in cases where there are minor errors or discrepancies
between the proof of origin and other documents included in the customs
dossier, if they do, in fact, correspond to the goods imported. Such errors and
discrepancies include:
a) Spelling or typing errors that
may not affect the authenticity of the information included in the proof of
origin;
b) Differences in tick marks in
boxes on the C/O: either manual or typewritten, including crossed (“x”) instead
of ticked (“√”);
c) Slight discrepancies in the
authorized signature in the proof of origin and the specimen signature;
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dd) Differences in paper size
between the C/O submitted to the customs authority and the prescribed sample
C/O;
e) Minor discrepancies in ink colour
of the text on the proof of origin;
g) Differences in HS codes:
conformable at 6-digit subheadings but different at 8-digit level;
h) Differences in name and number
of shipment due to change of means of transport;
i) Slight differences in the description
of goods in the proof of origin as compared to other supporting documents;
k) Other slight discrepancies as
defined in the relevant international agreement or convention to which Vietnam
is a signatory and notified by the General Department of Vietnam Customs.
9. Where the customs declarant has
declared and submitted the notice of origin pre-determination results, the
customs authority shall examine and compare information on the notice during
its examination of the proof of origin as prescribed in Clauses 1, 2 and 3 of
this Article.
Article 16.
Handling of HS code differences between proof of origin and customs declaration
in specific circumstances
1. Where the origin criterion
declared on the proof of origin is wholly obtained (WO), HS code differences
shall not invalidate the proof of origin, and the customs authority shall
accept that proof of origin if the accuracy of information thereon is not in
doubt.
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Where the origin criterion declared
on the proof of origin is goods produced exclusively from originating materials
(PE or RVC100%) but the origin criterion for the HS code of the good on the
customs declaration is WO, the imported good shall be considered to have failed
to meet the origin criteria and the customs authority will reject the proof of
origin as prescribed. Where a FTA contains the provision that a good shall be treated
as originating in any case if it is produced entirely in the territory of one
party, exclusively from originating materials of one or more Parties, HS code
differences shall not invalidate the proof of origin and the customs authority
shall accept that proof of origin if the accuracy of information thereon is not
in doubt.
3. Where the origin criterion for
the HS code of the good on the customs declaration is same as that declared on
the proof of origin which is specific process (SP), HS code differences shall
not invalidate the proof of origin, and the customs authority shall accept that
proof of origin if the accuracy of information thereon is not in doubt. In case
of different specific processes, the customs authority shall verify the
validity of the proof of origin according to Article 19 of this Circular.
4. Where the origin criterion for
the HS code of a good on the customs declaration is same as that declared on
the proof of origin which is change in tariff classification (CTC) or regional
value content (RVC), and the customs declarant may provide supporting documents
regarding the good’s satisfaction of CTC or RVC criterion or there is
sufficient justification for confirming that the good bearing the HS code on
the customs declaration still meets CTC criterion, HS code differences shall
not invalidate the proof of origin, and the customs authority shall accept that
proof of origin if the accuracy of information thereon is not in doubt. Such
supporting documents include:
a) The production process of
imported goods: 01 copy;
b) The statement of HS codes of
input materials/supplies and output products in case the CTC criterion is
declared: 01 copy;
c) The statement of production
costs proving that the good meets RVC criterion in case the RVC criterion is
declared: 01 copy.
Within 10 days from the receipt of
the request from the customs authority, if the customs declarant fails to
provide such supporting documents or such provided supporting documents are not
sufficient to prove that the good bearing the HS code on the customs
declaration still meets the CTC or RVC criterion, the customs authority shall
conduct verification as prescribed in Clause 4 Article 19 of this Circular.
5. Where the origin criterion for
the HS code of a good on the customs declaration is different from that
declared on the proof of origin in the following specific circumstances, the
customs authority shall conduct verification of the validity of the proof of
origin according to the provisions of Article 19 of this Circular:
a) The origin criterion declared on
the proof of origin is RVC but the origin criterion for the HS code of the good
on the customs declaration is CTC or vice versa;
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Article 17.
Examination of back-to-back C/O, certificate of non-manipulation
1. The customs authority shall
accept a back-to-back C/O issued for the imported good which has been
transported through one or more intermediate countries to Vietnam or a
certificate of non-manipulation issued by a competent authority of the country
of transit.
In the case specified in Point a
Clause 1 Article 10 of this Circular, the customs authority shall accept the back-to-back
C/O if it is issued by an intermediate country that is a member state of a FTA.
2. The back-to-back C/O must
contain adequate information on the origin of goods. The examination of a
back-to-back C/O shall be made following the same procedures for examination of
a proof of origin laid down in Article 15 of this Circular.
Article 18.
Inspection of satisfaction of direct consignment conditions
1. Direct consignment shall be
considered to be fulfilled if the following conditions have been met, unless
otherwise prescribed in a FTA to which Vietnam is a signatory:
a) The good has been transported
directly from an exporting country, group of countries or territory, to an
importing country, group of countries or territory;
b) The good has been transported
through one or more countries, groups of countries or territories in the case
specified in Clause 2 of this Article, provided the following conditions are
met:
- The transit entry is justified
for geographical reasons or by consideration related exclusively to transport
requirements;
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- The good has not undergone any
operation there other than unloading and reloading or any other operation to
preserve it in good condition.
2. Supporting documents for direct
consignment must be submitted to the Customs Sub-department where the customs
declaration is registered in the following cases:
a) The good imported as prescribed
in Point a Clause 1 Article 10 of this Circular is transported through one country,
group of countries or territory that is not a member state of a FTA;
b) The good imported as prescribed
in Point b, c or d Clause 1 Article 10 of this Circular is transported through
one intermediate country, group of countries or territory other than the
exporting country, group of countries or territory and the importing country,
group of countries or territory.
3. Supporting documents for direct
consignment:
Unless otherwise prescribed in a
FTA to which Vietnam is a signatory or the containers and carrier's seal remain
intact, the customs declarant shall submit one of the following documents to
the customs authority to substantiate direct consignment:
a) The document issued by the
customs authority of the country, group of countries or territory of transit to
certify that the good remains under its supervision and has not undergone
import procedures there: 01 copy;
b) The written certification of the
authority or organization that issued the bill of lading for the import
shipment that the transit entry is justified for geographical reasons or by
consideration related exclusively to transport requirements; the good has not
entered into trade or consumption in the country, group of countries or
territory of transit; the good has not undergone any operation there other than
unloading and reloading or any other operation to preserve it in good
condition. If the certification is issued by a subsidiary, branch or agent of
the transport company or the organization that issued the bill of lading for
the shipment in Vietnam, the carrier’s letter of authorization is required: 01
copy;
c) The certification given by the
ship-owner, operator, charterer or master of the ship that the transit entry is
justified for geographical reasons or by consideration related exclusively to
transport requirements: 01 copy;
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e) Where a good is transported
through multiple routes by airway, the customs declarant shall provide the
Master Airway Bill for each route and the House Airway Bill showing that the
good is transported from the place of loading of the exporting country to the place
of unloading of the importing country.
If the electronic customs data
processing system is not available or failed, the physical copies of the
abovementioned documents shall be submitted.
The customs authority shall
determine whether the status quo of goods is kept during transport by examining
and comparing the documents provided by the customs declarant as prescribed in
this Clause with the information included in the customs dossier.
Article 19.
Verification of origin of imports
1. Where the text on the proof of
origin is not conformable with the information provided by the customs
declarant, other documents included in the customs dossier and the physical
inspection results (if any), the Customs Sub-department where the customs
declaration is registered shall request the customs declarant to provide
explanations for unsatisfactory contents.
Within 05 working days from the
receipt of the request from the customs authority, if no explanation is
provided or explanations provided by the customs declarant are not sufficient
to prove the validity of the proof of origin, the customs authority shall
conduct verification as prescribed in Clause 4 of this Article.
2. Where there is a doubt as to the
origin criterion on the proof of origin, the Customs Sub-department where the
customs declaration is registered shall request the customs declarant to
provide 01 copy of every of the following supporting documents:
a) The production process of
imported good;
b) The statement of production
costs made using the Form in Appendix II;
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d) The statement of input
materials/supplies and output products, in case the CTC criterion is applied.
Within 10 days from the receipt of
the request from the customs authority, if the customs declarant fails to
provide or has provided supporting documents which are not sufficient to prove
the validity of the proof of origin, or upon a written request of the customs
declarant, the customs authority shall conduct verification as prescribed in
Clause 4 of this Article.
If the electronic customs data
processing system is not available or failed, the customs authority’s request
and supporting documents provided by the customs declarant shall be physical
copies.
3. Where there is a doubt as to the
validity of the proof of origin, the customs authority shall conduct
verification as prescribed in Clause 4 of this Article.
4. In cases of verification
prescribed in Clauses 1, 2 and 3 of this Article, within 05 working days, the
relevant provincial Customs Departments shall report and request the General
Department of Vietnam Customs to send a written request for verification of
origin, accompanied by relevant information and documents, to the C/O issuing
body of the exporting country or the exporter/producer or the customs authority
of the exporting country to verify the authenticity of the proof of origin or
the accuracy of information concerning the origin of goods.
5. If the results of verification
given by the C/O issuing body or the exporter/producer issuing the proof of
origin or the customs authority of the exporting country cannot establish good
grounds for determining the origin of imported good, the General Department of
Vietnam Customs shall conduct a verification visit to the producer’s premises
located in the exporting country, group of countries or territory as prescribed
in Article 20 of this Circular.
6. The verification process
(including the visit to the exporting country, group of countries or territory
and notification of verification results) must be completed within a maximum
duration of 180 days from the date of the written request sent by the General
Department of Vietnam Customs, unless a longer duration is prescribed in a FTA
to which Vietnam is a signatory.
The customs authority shall be
entitled to reject the proof of origin as prescribed in Clause 4 Article 15 of
this Circular if it does not receive verification results upon the expiration
of this duration. If the customs authority receives verification results after
it has rejected the proof of origin, it shall accept the proof of origin
provided that such verification results are given within the validity period of
the proof of origin or explanations given by the C/O issuing body, the
exporter/producer issuing the proof of origin or the customs authority of the
exporting country are detailed and exhaustive in addressing issues raised by
the customs authority.
7. While awaiting the verification
results, the customs declarant shall pay import duty at the rates specified in
Points b.1 Clause 1 and Point b.1 Clause 3 Article 12 of this Circular. While
awaiting results of the verification which is conducted during the
post-clearance inspection, specialized inspection or customs inspection, the
imported good shall be subject to the import duty rate determined when
following customs procedures.
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9. Upon request of customs
authorities of other countries or where the verification visit is required
under an international convention or agreement to which Vietnam is a signatory,
the General Department of Vietnam Customs shall cooperate with the Ministry of
Industry and Trade of Vietnam in conducting the verification visit to the
producer’s premises located in the exporting country, group of countries or
territory as prescribed in Article 20 of this Circular.
Article 20.
Verification visit to exporting country, group of countries or territory
1. Prior to the conduct of a
verification visit to the exporting country, group of countries or territory,
the General Department of Vietnam Customs shall:
a) Send a written notification of
its intention to conduct the verification visit to exporter or producer whose
premises are to be visited; the C/O issuing body of the exporting country,
group of countries or territory in which the verification visit is to occur;
the customs authority of the member country, group of countries or territory in
which the verification visit is to occur, and the importer of the goods subject
to the verification visit; request relevant parties to provide documents and
papers relating the shipment subject to the verification;
b) The written notification shall
be as comprehensive as possible including, among others: the name and address
of the exporter or producer whose premises are to be visited; the name and
address of the C/O issuing body of the exporting country, group of countries or
territory in which the verification visit is to occur; the name and address of
the customs authority of the exporting country, group of countries or territory
in which the verification visit is to occur; the name and address of the
importer; the proposed date for the verification visit; the coverage and
contents of the proposed verification visit; the names and designation of the
officials performing the verification visit.
2. The General Department of
Vietnam Customs shall conduct the verification visit after receiving the
written consent from the exporter or producer whose premises are to be visited
or the C/O issuing body of the exporting country, group of countries or
territory, or the customs authority of the member country, group of countries
or territory in which the verification visit is to occur.
3. When a written consent from the
exporter or producer or the C/O issuing body or the customs authority of the
exporting country, group of countries or territory within thirty (30) days upon
receipt of the notification of the verification visit, the notifying customs
authority may reject the proof of origin as prescribed in Clause 4 Article 15
of this Circular.
4. Where the participation of the
Ministry of Industry and Trade of Vietnam in the verification visit is deemed
necessary, upon request of the General Department of Vietnam Customs, the
Ministry of Finance of Vietnam shall send a written request for participation
in the verification visit to the Ministry of Industry and Trade of Vietnam.
Article 21.
Processing of inspection and verification results
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a) Where the customs declarant
provides explanations or documents proving the origin of imported goods or the
results of inspection and verification, explanations and supporting documents
provided by the authority or organization issuing the proof of origin, or the
exporter or producer are detailed and exhaustive in addressing the issues
raised by the customs authority, and the customs authority has sufficient
grounds for determining the eligibility of the goods, the proof of origin shall
be accepted;
b) Where the results of examination
of documents proving the origin of imported goods provided by the customs
declarant or the results of inspection and verification, explanations and
supporting documents provided by the authority or organization issuing the
proof of origin, or the exporter or producer are not detailed and exhaustive in
addressing the issues raised by the customs authority, and the customs
authority does not have sufficient grounds for determining the eligibility of
the goods, the proof of origin shall be rejected according to Clause 4 Article
15 of this Circular;
c) Where the exporter or producer
fails to provide data and documents proving the origin of goods, or refuses to
give consent to the proposed verification visit to its premises or production
process, or causes other acts of obstruction resulting in the failed
verification visit, the customs authority shall reject the proof of origin
according to Clause 4 Article 15 of this Circular;
2. The customs authority shall
notify the inspection and processing results through the electronic customs
data processing system, or in the form of a written statement, to the importer,
exporter or producer, the authority or organization issuing the proof of
origin, or the customs authority of the exporting country.
Article 22.
Deduction of import quantity in C/O
1. Where goods are imported from a
bonded warehouse into the domestic market in partial shipments, or goods are
under the same commercial invoice or contract but imported in multiple shipments
or voyages, the proof of origin shall be used for making import quantity
monitoring sheet using the Form in Appendix VII enclosed herewith for each
partial shipment.
2. The Customs Sub-department where
the customs declaration for the initial import is registered shall make and
deliver the import quantity monitoring sheet to the customs declarant. It shall
be presented to customs authorities when following import procedures for
monitoring and deducting quantity of imported goods until the quantity of goods
written in the proof of origin has been fully imported.
Chapter V
IMPLEMENTATION
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1. This Circular comes into force
from July 15, 2023 and supersedes the following documents:
a) The Circular No. 38/2018/TT-BTC
dated April 20, 2018 of the Minister of Finance of Vietnam prescribing
determination of origin of imports and exports;
b) The Circular No. 62/2019/TT-BTC
dated September 05, 2019 of the Minister of Finance of Vietnam providing
amendments to the Circular No. 38/2018/TT-BTC dated April 20, 2018 of the
Minister of Finance of Vietnam prescribing determination of origin of imports
and exports;
c) The Circular No. 47/2020/TT-BTC
dated May 27, 2020 of the Minister of Finance of Vietnam governing required
time for submission of proofs of origin and types of proofs of origin of
imports applied during the Covid-19 pandemic (disease caused by severe acute
respiratory syndrome coronavirus);
d) The Circular No. 07/2021/TT-BTC
dated January 25, 2021 of the Minister of Finance of Vietnam prescribing
timeframe for submission of proofs of origin for goods imported under
EU-Vietnam Free Trade Agreement (EVFTA).
2. Announcements of imported goods
requiring proofs of origin made by supervisory ministries before the date of
entry into force of this Circular shall still remain valid.
3. If any legislative documents
referred to in this Circular are amended or superseded during the
implementation of this Circular, the new ones shall prevail./.
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Appendix I
(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-------------------
No.:
……….
…..[location
& date]
APPLICATION FOR PRE-DETERMINATION OF ORIGIN OF
IMPORTS/EXPORTS
To:
The General Department of Vietnam Customs
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1. Name
2. Address:
3. Telephone number:
4. Fax:
5. TIN:
6. E-mail:
B. Importer’s/exporter’s
details:
1. Name
2. Address:
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4. Website:
5. E-mail:
C. Details of production,
processing, assembling facility:
1. Name
2. Address:
3. Telephone number:
4. Website:
5. E-mail:
D. Goods whose origin are to be
pre-determined:
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2. HS Code:
3. FOB value:
4. Intended route of the shipment
from the manufacturing country/exporting country to Vietnam (port of the
manufacturing country → port of the exporting country → port of the
intermediate country → Vietnam); or vice versa for exported goods.
5. Is the good included in the
list of goods banned or suspended from import/export?
Yes
□ No □
6. Whether the origin of the good
has been pre-determined as published on the web portal of the General
Department of Vietnam Customs or not?
Yes
□ No □
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1. The statement of materials
used for producing the good (indicating information such as name, HS code,
origin and CIF value of materials).
2. The brief description of the production
process.
3. Catalogue
Yes
□ No □
4. Photos
Yes
□ No □
5. Certificate of analysis
Yes
□ No □
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Case 1: For a shipment of imported/exported
goods whose origin is not yet pre-determined
....(name of the applicant)
declares that the goods described in Section D are to be imported/exported, not
yet undergone any origin pre-determination before the submission of this
application, and are not included in the list of goods banned or suspended from
import/export as per regulations of law.
Case 2: For a shipment of
imported/exported goods whose information is identical to that of a good whose
origin has been pre-determined
....(name of the applicant)
declares that the goods described in Section D have information identical to
that of the good subject to the Notice of origin pre-determination results
No..................dated............... of the General Department of Vietnam
Customs.
... (name of the applicant) shall
assume legal responsibility for the authenticity of all statements provided
herein and attached documents./.
APPLICANT
(signature, full name & seal)
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Appendix II
(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
STATEMENT OF PRODUCTION COSTS
EXPORTER’S
DETAILS
Name:
TIN:
Address:
GOODS
MEETING RULES OF ORIGIN UNDER FTA/GSP...
ORIGIN
CRITERION
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□ Goods produced exclusively from
originating materials (PE)
□ Meeting/Regional value content
(RVC/LVC…, specify achieved value (%))
□ A change in tariff
classification (CTC - specify the level of change in HS code)
□ Specific process
□ De-minimis” (specify...%)
INFORMATION
ON GOODS
Description of goods:
Importing country:
Model, if any:
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Value:
CTC
AND SATISFACTION OF REGIONAL VALUE CONTENT/STANDARD
No.
Description
of all materials/parts
HS
code (in case of CTC criterion)
Origin
Producer’s
name (only required if materials are originating in Vietnam)
Value
of materials
-
CIF price at time of import
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Originating
Non-originating
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Direct labour cost:
Direct overhead cost:
Profit:
Other expenses:
CALCULATION
OF REGIONAL VALUE CONTENT
RVC shall be calculated according
to guidelines given in the Circular on origin of goods of the Ministry of
Industry and Trade of Vietnam and the relevant Circular prescribing rules of origin
under a FTA to which Vietnam is a signatory.
STATEMENT
OF REPRESENTATIVE PROVIDING THIS DOCUMENT
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Name:
Position:
Date:
Telephone number:
E-mail:
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Notes:
- For domestic originating materials,
certificates or invoices given by domestic suppliers shall be submitted.
- In case of accumulation of
originating materials of Parties of a FTA, proof of origin or invoices,
supporting documents shall be submitted.
- The “de-minimis” value shall
be calculated adopting specific formula provided in the Circular on origin of
goods of the Ministry of Industry and Trade of Vietnam and the relevant
Circular prescribing rules of origin under a FTA to which Vietnam is a
signatory.
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Appendix III
(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
ORIGIN DECLARATION BY DOMESTIC PRODUCER/SUPPLIER OF
MATERIALS
Name of producer: Company…
Enterprise ID number:
…………………..
Quantity: …………………….
FOB value: ………………………..USD
VAT invoice: ………………….
(Name of domestic
producer/supplier) hereby declares that the materials/goods (1) ………… (description
of goods, 6-digit HS code) described in this document are manufactured at
our factory located at (2)…………, Vietnam, considered as originating goods of
Vietnam, and meet the origin criterion (3) ……. as prescribed in the Chapter on
rules of origin of (4)……
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...,
[location & date]
LEGAL REPRESENTATIVE OF PRODUCER/SUPPLIER
(signature, seal and full name)
Appendix IV
(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
GENERAL
DEPARTMENT OF VIETNAM CUSTOMS
CUSTOMS DEPARTMENT OF…. (1)
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-----------
No.:
/QD-……(2)
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DECISION
On verification visit to the producer’s
premises at……. (3)
DIRECTOR
OF CUSTOMS DEPARTMENT OF….. (1)
Pursuant to the Law on Customs
No. 54/2014/QH13 dated June 23, 2014;
Pursuant to the Government’s
Decree No. 08/2015/ND-CP dated January 21, 2015 providing guidelines for the
Law on Customs regarding customs procedures, inspection, supervision and
control; the Government’s Decree No. 59/2018/ND-CP dated April 20, 2018 on
amendments to the Government’s Decree No. 08/2015/ND-CP providing guidelines
for the Law on Customs regarding customs procedures, inspection, supervision
and control;
Pursuant to the Government’s
Decree No. 31/2018/ND-CP dated March 08, 2018 providing guidelines for
implementation of the Law on Foreign Trade Management regarding origin of
goods;
Pursuant to the Government’s Decree
No. 87/2017/ND-CP dated July 26, 2017 defining functions, tasks, powers and
organizational structure of the Ministry of Finance of Vietnam;
At the request of
……………………………………………………………………………..(4),
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Article 1. A verification
visit to the producer’s premises at…….shall be conducted. (3);
Inspection period:
………………………………………………………………………………..
The verification visit shall be
carried out within………. days from the issue date of this decision.
Article 2. An inspection
team shall be established and comprised of the following members:
1. ……………………………………………..……………… , Team
leader;
2. ………………………………………………………………, Deputy
team leader (if any);
3. ……………………………………………………………… ,
member;
Article 3. Contents of the verification
visit are to ……………………………….……………………………….. (5)
Article 4. This Decision
comes into force from the date on which it is signed. The persons whose names
are specified in Article 2 hereof and authorities, organizations and
individuals involved in the verification visit are responsible for the
implementation of this Decision./.
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CC:
- As Article 4;
- Kept at:…………….
DIRECTOR
(signature, full name and seal)
____________________
(1) Name of the authority that
issues the decision.
(2) Acronym for name of the
authority that issues the decision.
(3) Name of subject of the
verification visit.
(4) Head of authority or unit
proposing the verification visit (if any).
(5) Verification visit to the
producer's premises for the purpose of determining origin of exported goods.
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(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
LIST
OF IMPORTED GOODS REQUIRING SUBMISSION OF PROOFS OF
ORIGIN TO CUSTOMS AUTHORITIES
HS
code
Description
I. Meat and meat products of
cattle, poultry
Chapter 2
Meat and edible meat offal
15.01
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15.02
Fats of bovine animals, sheep or
goats, other than those of heading 15.03.
15.03
Lard stearin, lard oil,
oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise
prepared.
15.04
Fats and oils and their
fractions, of fish or marine mammals, whether or not refined, but not
chemically modified.
15.05
Wool grease and fatty substances
derived therefrom (including lanolin).
1506.00.00
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1516.10
- Animal fats and oils and their
fractions
1517.10
- Margarine, excluding liquid
margarine
1517.90
- Other:
1517.90.10
- - Imitation ghee
1517.90.20
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1517.90.30
- - Of a kind used as mould
release preparations
1517.90.43
- - - Shortening
1517.90.44
- - - Imitation lard
1517.90.80
- - Other mixtures or
preparations of vegetable fats or oils or of their fractions
1517.90.90
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1518.00.12
- - Animal fats and oils
1518.00.20
- Inedible mixtures or
preparations of animal fats or oils or of fractions of different fats or oils
1518.00.60
- Inedible mixtures or
preparations of animal fats or oils or of fractions thereof and vegetable
fats or oils or fractions thereof
16.01
Sausages and similar products, of
meat, meat offal or blood; food preparations based on these products.
16.02
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16.03
Extracts and juices of meat, fish
or crustaceans, molluscs or other aquatic invertebrates
II. Coal
27.01
Coal; briquettes, ovoids and
similar solid fuels manufactured from coal
27.02
Lignite, whether or not
agglomerated, excluding jet
27.03
Peat (including peat litter),
whether or not agglomerated
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Coke and semi-coke of coal, of
lignite or of peat, whether or not agglomerated; retort carbon
III. Motor vehicles
Chapter 87
Motor vehicles with HS codes of
Chapter 87, excluding:
Special purpose motor vehicles,
road tractors for containers;
Motor vehicles of entities
provided with privileges and immunities;
Motor vehicles imported as gifts,
belongings, humanitarian foreign aid or to serve scientific research;
Motor vehicles temporarily
imported for re-export, being in transit or sent to bonded warehouses;
Motor vehicles imported to serve
national defense and security purposes upon a written permission or
certification granted by the Ministry of National Defence of Vietnam, the
Ministry of Public Security of Vietnam or a unit authorized by the Ministry
of National Defence of Vietnam or the Ministry of Public Security of Vietnam.
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Appendix VI
(Enclosed
with the Circular No. 33/2023/TT-BTC dated May 31, 2023 of the Ministry of
Finance of Vietnam)
MINIMUM DATA REQUIREMENTS FOR ORIGIN DECLARATION
UNDER CPTPP
A proof of origin under CPTPP must
include the following elements:
1) Exporter or producer:
indicate whether the certifier is the exporter or producer;
2) Name, address (including
country), telephone number and e-mail address of the certifier;
3) Name, address (including
country), telephone number and e-mail address of the exporter if different from
the certifier;
This information is not required if
the producer is completing the certification of origin and does not know the
identity of the exporter. The address of the exporter shall be the
place of export of the good in a CPTPP country;
4) Name, address (including
country), telephone number and e-mail address of the producer, if different
from the certifier or exporter or, if there are multiple producers, state
“Various” or provide a list of producers. A person that wants this information
to remain confidential may state "Available upon request by the importing
authorities". The address of a producer shall be the place of production
of the good in a CPTPP country;
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6) Description and HS code of the
good;
Provide a description of the good
and the HS tariff classification of the good to the 6-digit level: The
description should be sufficient to relate it to the good covered by the
certification. If the proof of origin covers a single shipment of a good,
indicate the invoice number related to the exportation (if known);
7) Origin criterion: Specify
the rule of origin under which the good qualifies;
8) Blanket Period
For situations where the proof of
origin covers multiple shipments of identical goods, a specified period of up
to 12 months must be available in the proof of origin;
9) Authorized signature and date:
The proof of origin must be signed
and dated by the certifier and accompanied by the following statement: I
certify that the goods described in this document qualify as originating and
the information contained in this document is true and accurate. I assume
responsibility for proving such representations and agree to maintain and
present upon request or to make available during a verification visit,
documentation necessary to support this certification.
Appendix VII
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CUSTOMS
DEPARTMENT OF……..
CUSTOMS SUB-DEPARTMENT OF……..
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Reference
number: …………………..…………………..[date]
IMPORT QUANTITY MONITORING SHEET
1. C/O Form …………………………...;
reference number: ………………………………….; Date of issue: ….…………/…………/………; Issuing body:
……………..……………
2. Name of importer: ……………………….;
TIN: …………………..
……………………………………………………………………………….……………………..
No.
Number,
marks, date of import customs declaration
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HS
code
Unit
Quantity
in C/O
Quantity
of goods imported
Quantity
of goods to be imported
Certification
by customs official in charge of monitoring import quantity deduction
(signature and seal)
(1)
(2)
(3)
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(5)
(6)
(7)
(8)
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HEAD
OF CUSTOMS SUB-DEPARTMENT
(signature and seal)