Minitry of Industry and Trade sets procedures to control and verify the origin of exported goods

On 30th October 2018, the Ministry of Industry and Trade (MOIT) has issued the Circular 39/2018/TT-BCT regulating on control and verification of the origin of the exported goods (Circular 39).

Circular 39 enters into force on 14th December 2018. According to Circular 39, when there are grounds to have suspicions about the goods’ origin, domestic competent authorities and issuing organizations will check the dossier of Certificate of Origin (C/O), Certificate of non-manipulation (CNM) that are issued in the following procedure:

  • MOIT sends the authorities, organizations issuing the C/O the official letter requesting for the verification;
  • Within 20 working days since the receipt of the official letter from the authorities, the organization issuing the C/O has the obligation to verify and feedback to the Ministry; In case the issuing organizations need more time to feedback, they have to send the MOIT the official letter with the explanation but not later than five (05) working days before the deadline as regulated.
  • In the process of inspection of the C/O dossier that has been issued, the competent authorities and issuing organizations can request companies to supplement documents and materials when necessary. The inspection and verification of the goods’ origin at the manufacturing establishments can be executed in the following circumstances:
    • Competent authorities of the importing countries request the checking and verification when the results of the verification of the C/O dossier of goods do not suffice to establish the goods’ origin or when there are grounds to have suspicions on goods’ origin fraud.
    • Domestic authorities, organizations can proceed to investigate and verify, manage the risk and prevent the fraudulent acts regarding goods’ origin before the C/O issuance, before the issuance of the documents self-certifying on the goods’ origin or issuing the code certifying the goods’ origin; after issuance or releasing the documents certifying the goods’ origin.

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