On 8 March 2018, the Government issued Decree No. 31/2018/ND-CP detailing the law on foreign trade management in terms of origin of goods ("Decree 31"). Decree 31 took effect on the date of issue, replacing Decree No. 19/2006/ND-CP after more than ten (10) years of its application.
Under Decree 31, the Ministry of Industry and Trade (“MoIT”) officially regulates the management and issuance of electronic certificates of origin (“C/O”) as follows:
1. The businessman applying for the first for C/O must register a trader dossier with the competent agency or organization at www.ecosys.gov.vn or another website of the issuing authority designated by the MoIT. An application for issuance of C/O is considered only when the adequate and valid trader profile has been registered.
2. Procedures for declaration and issuance of C/O
a. The businessman attaches the documents applying for a C/O in electronic form. These documents must be certified by the digital signature issued by the competent authority. It is not necessary to submit hard copies of these documents to the issuing agency or organization.
b. Within six (06) working hours since an adequate and valid electronic application is submitted, the issuing agency or organization will inform the businessman of the processing result in the system.
In cases where an application for issuance of C/O is ambiguous, cannot prove that the goods satisfy the originating criteria, shows signs of fraud in terms of transshipment, or shows signs of legal violation associated with the former C/O, the issuing agency or organization will undertake a verification visit to the manufacturing facility.
Furthermore, pursuant to Decree 31, in cases where it is impossible to register the electronic trader dossier, the businessman may select and submit the dossier directly at the office of the agency or organization issuing the C/O.