First of all, please let me thank you for your trust in our legal consultancy service. Concerning your two questions, I would like to give advice as follows:
Legal grounds:
- Law on Enterprise 2014;
- Decree No. 31/2018/ND-CP dated March 8, 2018 on guidelines for the Law on Foreign Trade Management in terms of origin of goods;
- Circular No. 05/2018/TT-BCT dated April 3, 2018 on origin of goods
Consultant contents:
Issue: the process of getting a C/O (Cert. of Origin) in Vietnam
Answer: Normally, the process of getting a C/O in Vietnam includes 2 main steps hereinafter:
Step 1: Register the trader profile (applied to applicant for the first C/O)
On the first C/O issuance, trader has to register the trader profile with the issuing authority. The trader profile shall be register via the electronic C/O issuance system at the address www.ecosys.gov.vn or another website of the issuing authority designated by the Ministry of Industry and Trade. The trader profile includes:
- specimen signature of the trader’s legal representatives to be registered or authorized person who signs the application for issuance of C/O or signs the C/O, and specimen seal of trader;
- a copy of business registration certificate (stamped as a true copy of the original by trader);
- a list of manufacturing facilities producing the goods applying for issuance of C/O (if any)
Step 2: Apply for issuance of C/O
The trader can register for issuance of C/O via the electronic C/O issuance system at the address www.ecosys.gov.vn or another website of the issuing authority designated by the Ministry of Industry and Trade, or submit the application for issuance of C/O in person at the head office of issuing authority. The dossier shall include:
- An application form for issuance of C/O;
- A specimen of C/O which is completed filled. This form will be varied according to the export destination;
- A printed export customs declaration. If exported goods are exempt from customs declaration as prescribed by law, copy of customs declaration shall not be required;
- A copy of commercial invoice (stamped as a true copy of the original by trader);
- A copy of bill of lading or copy of equivalent transport document (stamped as a true copy of the original by trader) in a case where the trader has no bill of lading. The trader is considered exempt from submission of the abovementioned document if the exported goods are shipped without bill of lading or other transport documents as prescribed by law or international practice;
- A detailed list of exported goods qualifying preferential rules of origin or non-preferential rules of origin using the form prescribed by the Ministry of Industry and Trade;
- A declaration of origin provided by manufacturer or supplier of originating material or locally produced originating good using the form prescribed by the Ministry of Industry and Trade if such material is used in subsequent stage to produce another good;
- A copy of good manufacturing process (stamped as a true copy of the original by trader);
- In exceptional circumstances, the issuing authority shall undertake an inspection visit to the manufacturing facility of trader as prescribed in Clause 1 Article 28 of Decree 31/2018/ND-CP; or require the applicant to submit copies of the following documents (stamped as a true copy of the original by trader): A customs declaration of materials imported and used in production of exported goods (if imported materials are used in the production process); a sale contract or VAT invoice of locally purchased materials (if locally purchased materials are used in the production process); export license (if any); other documents as deemed necessary.
Duration:
- Within 6 working hours since an adequate and valid electronic application is submitted, the issuing authority shall inform the processing result in the system;
- Within 2 working hours since an application for issuance of C/O and a hardcopy of C/O which has been filled completely and validly, the issuing authority shall give a hardcopy of processing result to the applicant.
State fee: 0 VND (free)
Above is my legal consultancy relating to the rights of a corporate’s branch. In case of any enquiries, please do not hesitate to contact me.
