05 July 2023

The draft Decree amending and supplementing a number of articles of Decree No. 31/2018/ND-CP dated 08/3/2018 detailing the Law on Foreign Trade Management of Origin of goods clearly stipulates that the written approval for self-certification of origin of goods shall be withdrawn in the following cases: Forging documents, fraudulently declaring when applying for a written consent; Forging documents and documents for self-certification of origin; Failing to perform the responsibilities of eligible exporters specified in this Decree.

The Import-Export Department (Ministry of Industry and Trade) shall not consider issuing a written approval to a trader within 1 year from the date on which such eligible exporting enterprise has its written approval revoked.

Traders whose written approval is revoked will be published on the portal of the Ministry of Industry and Trade at www.moit.gov.vn address.

In addition to revoking the written approval for self-certification of origin of goods, traders committing the above-mentioned violations shall be subject to regulations on sanctioning administrative violations in the field of origin according to current regulations.

Regarding the criteria for self-certification of origin of goods, the draft Decree states that traders entitled to self-certification of origin of goods must fully meet the following criteria:

• As a manufacturer, exporter of goods. In case the exporter is not a manufacturer, the exporter must have a written commitment from the manufacturer about the origin of the exported goods and be ready to cooperate in case of inspection of documents, certificates of origin and inspection, verification at the production facility.
• Do not violate regulations on origin in the last 2 years up to the time of submitting the application for a Written Approval for Self-Certification of Origin.
• Have a sufficient record keeping system (paper and electronic records) to prove the authenticity of self-certification documents of origin within the storage period as prescribed in Decree No. 31/2018/ND-CP;
• Having staff trained, granted certificates or certificates of origin of goods issued by training units designated by the Ministry of Industry and Trade.
• Have been granted at least 30 sets of preferential C/O/year and implemented the process of electronic C/O declaration via the Electronic Management and Certificate of Origin (www.ecosys.gov.vn) system for goods of the same HS group (4 numbers) in the last 2 years up to the time of submitting the application for a Written Approval.

Competent agencies shall refer to and prioritize the consideration of dossiers of application for a written approval for self-certification of origin in the following cases: Traders are recognized by the Ministry of Industry and Trade as reputable export enterprises; traders are recognized by the Ministry of Finance as priority enterprises in the field of state management of customs.

The Ministry of Industry and Trade (Import-Export Department) is the competent agency to issue a written approval for eligible exporters to self-certify the origin of goods. Traders who meet the regulations apply for a written approval and attach the dossier through the www.ecosys.gov.vn System.