According to opinions of the Agency of Foreign Trade (the Ministry of Industry and Trade), the identification of origin of exported goods with Vietnam origin shall be based on the regulations at Decree No. 31/2018/ND-CP and Circular No. 05/2018/TT-BCT .
However, in case exported goods obtained advance ruling (AR) that is still valid of an importing country's customs authority regarding Vietnam origin of exported goods, the trader may identify the exported goods’ origin according to such AR.
With regard to exported goods without identification of Vietnam origin, if there are doubts about origin, customs authorities will conduct examination, verification of the exported goods' origin, based on their tasks, powers regulated at clause 2 Article 35 of the Law on foreign trade management and clause 2 Article 28 of Decree No. 31/2018/ND-CP .
With regard to imported packages with pre-printed foreign origin, if they are used for packing goods circulated domestically, the origin-related labeling is regulated by the Decree No. 43/2017/ND-CP and customs authorities will, based on regulations on fake, counterfeit goods, conduct examination to prevent trade fraud.
If the imported packages with pre-printed foreign origin are used for packing exported goods, customs authorities will, based on the regulations at clause 2 Article 35 of the Law on foreign trade management and clause 2 Article 28 of Decree No. 31/2018/ND-CP, conduct examination, verification of origin.
|Published||Vietlaw's Newsletter No. 528|