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Vietnam Has Issued New Regulations: New Rules Of Origin Are Coming Into Force.

2019/10/14 9:25:00 0

VietnamOriginNew Regulations

Please pay attention to the foreign trade freight forwarders who have exported to Vietnam recently. Recently, the Ministry of finance of Vietnam issued the latest announcement on the rules of origin and origin recognition, which has been effective since October 21st.
This year is the outbreak of Vietnam's exports.

In the first 8 months,
Vietnam's exports to Canada increased by 31.3% over the same period last year.
Exports to the United States increased by 25.3%, and Mexico's exports increased by 20.9%.
Exports to Japan increased by 9.9%;
Exports to Korea increased by 5.3%;
Exports to ASEAN increased by 3.7%;
Exports to Russia increased by 14.2%;
Exports to New Zealand increased by 12.8%.


At present, Vietnam has signed two heavyweight FTA agreements. It is not the Vietnam and the European Union free trade agreement (EVFTA) and the trans Pacific Partnership Comprehensive and progress agreement (CPTPP), which will enable Vietnam to enjoy more tariff preferences when exporting to Canada, Japan, Mexico, Peru, France, Germany and other markets. But the two FTA also set higher requirements for Vietnam's origin qualification.


On the other hand, with the escalation of Sino US trade frictions, Vietnam's exports to the United States have increased significantly, which has aroused the vigilance of the United States. According to US government statistics, the number of computers and electronic products exported to the United States increased by 71.6% over the first 5 months of 2019, while at the same time, electronic products, computers, machinery and other equipment exported from Vietnam to Vietnam increased sharply compared with the same period in 2018. The United States has put pressure on Vietnam and has repeatedly urged Vietnam to investigate the export of "washing origin".

So this year, Vietnam has repeatedly adjusted its rules of import and export origin recognition. The latest rules will take effect on October 21st.


Prior to this, Vietnam's Ministry of industry and Trade issued the "Vietnam made" (origin) standard draft stipulates: commodity labels must indicate the origin, if a product is purely Vietnamese origin or completely produced in Vietnam, will be marked "Vietnam made."


If the product is made in the last stage of processing in Vietnam It is necessary to comply with the relevant commodity code (HS) conversion requirements and the domestic added value ratio of more than 30% and other conditions before marking "Vietnam made".


Vietnam Ministry of industry and Commerce Announcement screenshot Vietnamese version (originally translated by Google)


Recently, the Ministry of finance of Vietnam issued the Announcement No. 62/2019/TT-BTC to supplement and amend the Announcement No. 38/2018/TT-BTC to confirm the origin of import and export goods. Announcement No. 62/2019/TT-BTC comes into force on October 21, 2019.


Notice No. 62/2019/TT-BTC amended the issue of many origin. Specifically, the tax code No. HS on the certificate of origin is different from the tariff code listed on the import declaration list. Fifteenth items and sixth items of H items are added and amended as follows: if the tax certificate number on the certificate of origin is (HS Code) different from that on the import declaration form, and the description of the goods on the certificate of origin is different from the description on the import declaration list and the actual goods, the customs authorities may accept the certificate of origin of goods when the customs declaration is conformed to the origin standard according to the declaration of duty declared by the Customs on the import declaration form and the supplemental import declaration form is in conformity with the origin standard.


If the tax code (HS Code) on the certificate of origin is different from the tariff code on the import declaration form, and the description of the goods on the certificate of origin is different from the description on the import declaration form and the actual goods, and the customs authorities have confirmed that the imported goods are not goods on the certificate of production, the customs authorities should refuse the goods on the certificate of origin, and notify the customs electronic data processing system according to the provisions of second of the twenty-second articles of this announcement.


If the tax certificate number (HS Code) on the certificate of origin is different from the tariff code on the import declaration form, when the certificate of origin and the import declaration are in conformity with the actual import goods, if the customs unit does not have any basis to confirm that the goods listed in the tariff code listed on the import declaration form comply with the standards of origin stipulated in agreement No. 31/2018/ND-CP, the customs unit shall confirm the procedures in accordance with the provisions of articles nineteenth and 21 of this announcement.


In addition, Notice No. 62/2019/TT-BTC also refused to accept the certificate of origin. Specifically, twenty-second and first D items are supplemented and amended as follows:


If the certificate of origin has been held in the course of import procedures, the customs declarant will not provide the certificate of origin number, the date of issue, or do not hold the certificate of origin in the import procedure, and the applicant fails to apply for delay in payment on the import declaration form in accordance with the fifth article of this announcement. The customs authorities may refuse to produce the certificate of origin according to the regulations.


If the applicant applies for delaying the payment of the certificate of origin (the fifth provision of this announcement), only after the expiration date is added to the declaration and payment (seventh stipulations), the customs organ may refuse to produce the certificate of origin according to law.


At present, on the official website of the Ministry of industry and trade in Vietnam, it can be found that Vietnamese officials have repeatedly updated the news of "washing areas" during this period.


Vietnam's Ministry of industry and Commerce official website, released by the end of September related news.


Pan Wenzheng, director of the import and Export Bureau of the Ministry of industry and Commerce of Vietnam (Phan Van Chinh), said that the Ministry of industry and Commerce often exchanged views with the certificates of origin issued by the Ministry of industry and commerce, and reminded the management and supervision of the issuance of certificates of origin, paying special attention to products with high risk of fraud at the origin of origin, such as solar cells, automobile tires, pistachio nuts, shrimp, aluminum products, steel and synthetic wood planks.


Vietnam's latest batch of 13 warning products are as follows:
The Ministry of industry and trade of Vietnam has recently informed the provincial and municipal people's committees about the 13 list of early warning commodities that may be exported to the United States, the European Union and Canada, which are subject to trade remedy measures and anti tax avoidance investigations. The Ministry of industry and Commerce divided the warning level into 4 levels. The fourth, third class export commodities need to be closely monitored, and the relevant enterprises' activities must be strictly checked. The commodities listed in the second, first level need attention and continuous tracking.


  • Plywood was included in the warning grade fourth by Vietnam's Ministry of industry and trade.
  • The third categories are 7 kinds of products, such as artificial stone, iron cabinet, rubber mattress, electric bicycle, passenger car tire and corrosion resistant steel.
  • 4 kinds of stainless steel rings, hot rolled steel plates, cast steel products and synthetic fibers were included in grade 2.
  • Corrosion resistant steel and ribbon are 1 levels.

Above The 13 commodities are all kinds of trade remedy measures and anti tax avoidance measures adopted by the US Department of Commerce to China. Since the launch of the US investigation, the amount of China's exports to the United States has dropped significantly, while the export volume of similar commodities to Vietnam has increased sharply. The US Customs and border protection agencies suspect that these goods will be exported to Vietnam to avoid double tariffs, so Vietnam must strengthen the monitoring and inspection of the relevant export enterprises.


In addition, Vietnam customs is developing a new procedure to better identify and punish those companies that violate Chinese products counterfeiting for export to Vietnam. Vietnam's exports to the US will continue to soared in the second half of 2019. Over the same period, Vietnam will also tighten its management of origin.
Freight forwarding friends from Vietnam and Vietnam need attention.
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