What are the Essential Information on Certificate of Origin in Vietnam?

What is certificate of origin in Vietnam?

According to 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 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. Certificate of Origin is an important instrument in importing and exporting goods.

Functions of certificate of origin

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 certificate of origin

Non-preferential Certificate of Origin means a ordinary Certificate of Origin confirming the origin of product from a specific country.

Preferential Certificate of Origin means a Certificate of Origin 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 certificate of origin in Vietnam

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 certificate of origin in Vietnam

When applying for Certificate of Origin (C/O) for the first time, the trader shall have to submit dossier to competent authority.

Dossier includes:

-Request for Certificate of Origin in Vietnam;

-Form of Certificate of Origin 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 Certificate of Origin and the Exporter respectively. In case of import country’s requirement, the applicant can request the Agency issuing this Certificate of Origin in Vietnam to grant more than 03 (three) copies of Certificate of Origin;

-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 Certificate of Origin in Vietnam shall have the right to submit this instrument no more than 30 (thirty) days from the date granting Certificate of Origin in case of legitimate reasons.

If necessary, the agency issuing Certificate of Origin in Vietnam 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 Certificate of Origin in Vietnam bases on electronic dossier to check validity information and grant Certificate of Origin to trader as soon as receiving full dossiers in hardcopy.

The agency issuing Certificate of Origin 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 in Vietnam to trader no more than 02 (two) working hours after receiving application in hardcopy.

How can we help clients to apply for certificate of origin in Vietnam?

As a law firm in Vietnam in international trade, we have been actively providing legal services through advisory to manufacturers on the C/O matters and assisting a number of investor to set up manufacturing company, review leasing contract at industrial zone as part of the process to transition manufacturing into Vietnam to seriously invest and do business taking advantage of origin, labour, opening policy of Vietnam government.

About ANT Lawyers

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.