New deadlines imposed on submission of C/Os

PwC Vietnam

Thursday, 29 Sep 2016

This is a new customs regulation which will have a very significant effect on some importers of goods.

On 14 September, the Ministry of Finance issued official letter 12802/BTC-TCHQ to provincial customs departments setting out new deadlines for the submission of Certificates of Origin under relevant Free Trade Agreements (FTAs)
Under OL 12802, Customs now requires companies to submit C/Os at the customs registration time (for paper declaration) or upon submission of customs dossiers (for electronic declaration). Imported goods whose C/Os are not submitted as required will be subject to the applicable MFN or normal import duty rates.
This applies for all forms of C/O except for C/O Form VK, under the Vietnam – Korea FTA.

Customs will accept the submission of C/O after importation only in the following cases:
– Imported goods are re-classified under new HS codes, where the corresponding MFN import duty rates are higher than the special
preferential rates.
– Imported goods are eligible for duty exemption at importation under an investment incentive scheme, but are subsequently determined as not qualifying for such incentives.
For submitting C/O Form VK, in case an original copy of the C/O is not available at importation, declarants must indicate the late submission of C/O on the customs declaration. The time limit for the late submission is 1 year from the registration date of the customs declaration. Up until then, the MFN duty rate will apply.
OL 12802 took effect 14 September .

This publication has been prepared for general guidance on matters of interest only, and does not constitute
professional advice.
For further information, please contact:, Pham Van Vinh– Director +84 8 3823 0796 Ext.
1503 [email protected], or Nguyen Hong Son – Senior Manager +84 (8) 38230796 Ext. 1509
[email protected], or Tran My Hanh – Manager +84 4 3946 2246 Ext. 1505
[email protected]