Instructions to check the the validity of C/O documents in CPTPP

VCN –  The General Department of Vietnam Customs issued a document guiding provincial customs departments to receive and check the validity of C/O in the framework of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Regarding C/O on customs declarations, the General Department of Vietnam Customs requests provincial Customs Departments to instruct customs declarants to declare documents of C/O in accordance with the provisions of Article 5. Circular 38/2018/TT-BTC of the Ministry of Finance.

Regarding checking information on certificates of origin, the General Department of Vietnam Customs noted that the customs departments of provinces when checking documents of C/O, the units should base it on the provisions in Appendix 3-B stipulating the minimum information and relevant rules of origin under Chapter 3 of the Rules of Origin of the CPTPP Agreement which had been posted on the website of the Ministry of Industry and Trade, Government Decree 57/2019/ND-CP and Circular 38/2018/TT-BTC for implementation.

The minimum information in Appendix 3-B includes:

a1- Exporter or manufacturer (stating clearly the certifier is the exporter or manufacturer);

a2- Name, address (including country), phone number and email address of the certifier;

a3- Name, address (including country), phone number and email address of the exporter if the exporter is not a certified person.

This information is not required if the manufacturer issues a C/O and does not know the information of the exporter. The address of the exporter is the place of the member country of the CPTPP where the goods are exported.

a4- Name, address (including country), phone number and email address of the manufacturer if the manufacturer is not a certifier or exporter or if there is more than one manufacturer, it shall be written as “Various” (“many manufacturers”) or provide a list of manufacturers. If the information needs to be kept confidential, it can be written as “Available upon request by the importing agency” (“Provided at the request of the importing Party’s authority”). The address of the manufacturer is the place of goods production belonging to the member country of the CPTPP.

a5-Name, address, email address and phone number of the importer (if there is information about the importer). The address of the importer must be in a member country of the CPTPP.

a6- Description and HS codes of goods. It must be written specifically the description of the goods and the HS code number in 6-digits. The description must be consistent with the certified goods and if the self-certified document is used for an imported shipment, it must be clarified the invoice number associated with the export;

a7- Origin criteria: It must be specified the origin criteria that the goods meet;

a8- Term (Blanket Period). In the case that using a C/O for many identical goods shipments, the C/O must show the application time that does not exceed 12 months;

a9- Date and authorized signature. The C/O must be signed by the certifier, including the dated with the following certification: I certify that the goods described in this document meet the conditions of origin and information in the document is accurate and true. I am responsible for proving this declaration and agreeing to preserve and present supporting documents for this certification upon request or during the verification at the office.

The above guidance of the General Department of Vietnam Customs is followed the Official Letter No. 4470/TCHQ-TXNK and during the time the Ministry of Finance has not issued the Circular of amending and supplementing Circular 38/2018/TT-BTC.

By N.Linh/Thanh Thuy