HCM City Customs removes problems regarding EVFTA for businesses

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Customs officers of Sai Gon Zone 1 Customs Branch inspect imported goods. Photo: T.H

Answering the questions of Trans Pacific Partners Trading Co., Ltd on problems in implementing Circular 11/2020/TT-BCT dated June 15, 2020 of the Ministry of Industry and Trade, HCM City Customs Department said that on August 21, the General Department of Vietnam Customs issued Official Letter No.5575/ TCHQ-GSQL implementing the content of Official Letter No. 6123/ BCT-XNK dated August 18 of the Ministry of Industry and Trade on the application of the self-certification of origin according to the REX system (Registered Exporter System) guided in Clause 1, Article 19, Circular No.11/2020/TT-BCT dated June 15, 2020.

Regarding self-certification, businesses shall comply with provisions in Clause 2, 3 and 4 of Article 24 of Circular 11/2020/TT-BTC. Accordingly, exporters must self certify the origin of goods on the invoice, delivery note or other commercial document with sufficient information about goods by typing, stamping or printing the declaration on goods origin on the documents.

The exporter shall use the form of origin declaration in one of the language versions specified in Appendix VII issued with this circular and in accordance with the EU’s legal provisions. If the exporter makes the declaration in handwriting, the declared contents shall be written in ink and capital letters.

The term "other commercial document" referred to in Clause 2 of this article shall be the consignment note, pro forma invoice or packing slip. Transport documents such as bill of lading or air waybill are not considered other documents.

The content of self-certification of origin shall not be presented on a separate form. It is allowed to be presented on another page of the commercial document provided that thepage is recognised as a part of the commercial document.

Conditions for applying special preferential import tax rates under the EVFTA are specified in Clause 3, Article 5 of Decree 111/2020 / ND-CP dated September 18, 2020.

Regarding some problems of businesses in the implementation of the EVFTA, HCM City Customs Department instructed as follows:

Regarding the naming the exporter under the declaration of origin, pursuant to Appendix VI, Protocol 1, EVFTA (guided in Appendix VII, Circular 11/2020/ TT-BCT dated June 15 of the Ministry of Industry and Trade), theorigin declaration is shown in English. Thus, the origin declaration form does not require the name of the exporter be presented in typing.

Regarding the exemption of signature and the name of the signer on the self-certification of origin, pursuant to Clause 5, Article 24 of Circular 11/2020/TT-BCT: Self-certification documents must have a handwritten signature of the exporter. However, the exporter who meets the EU’s conditions is permitted not to give his/her signature provided the exporter provides a written commitment for taking all responsibilities for certificate of origin to a competent authority of the exporting country.

The HCM City Customs Department has reported to the GDVC on a question whether self-certificate of origin issued by the exporter and registered on the electronic database (REX code registration) specified in Clause 1 (c), Article 19 of Circular 11/2020/ TT-BCT/ requires the name and signature of the exporter or not. The department will respond to businesses when it receives instructions from the GDVC.