Guidance on signatures in EVFTA

Customs official of Noi Bai International Airport Customs Branch supervised import – export goods. Photo: N.Linh

This is the content of guidance issued by General Department of Vietnam Customs sent to Customs Departments in provinces and cities relating to certificates of origin in the EVFTA.

Specifically, Clause 5, Article 24, Circular 11/2020/TT-BTC stipulates that: “5. Self-certificate of origin document must have the handwritten signature of exporter. However, exporter is eligible to not sign in accordance with regulations of the EU with the condition that the exporter needs to provide commitment documents to competent authority of the export member country. This commitment document should state that the exporter is responsible for all documents about certificates of origin.”

Accordingly, the declaration of origin of the exporter is eligible to not sign with the condition that the exporter needs to provide a commitment document of manufacturer to the competent authority of the export country. This commitment document should be provided to competent authorities of the export country. Customs officials are not allowed to require customs declarants to submit this document when implementing customs procedures.

For goods originated from the EU into Vietnam, the form of self-certification of origin issued by the exporter registering for REX code (under the provisions of Point c, Clause 1, Article 19 of Circular No. 11/2020/TT-BCT), in the EVFTA and Circular No. 11/2020/TT-BCT does not require a signature on the declaration of origin of registered exporters.

Accordingly, the customs authority accepts proof of origin without the signature of the exporter with the REX code for consignments valued at over €6,000. For an enterprise's declaration of origin that has not been registered with the REX number of consignments with a value not exceeding €6,000, a handwritten signature of the exporter is required on the proof of export goods.

Regarding information when checking REX codes, the General Department requested the Customs Departments of provinces and cities to comply with the instructions in the Official Letter 6464/TCHQ-GSQL.

In case the exporter does not agree to disseminate information, only information about the REX number of the exporter is available, the time when the REX code takes effect is announced, the customs authority does not refuse the document of certificate of origin of goods due to failure to look up information about the goods, the business or expiration date of the REX code.