| CUSTOMS GENERAL DEPARTMENT HCM CITY CUSTOMS DEPARTMENT ------- | THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- |
| No. 1820/HQHCM-GSQL Subject: Reorganizing the inspection of origin of goods | HCM City, June 19, 2012 |
| To: | - Customs branches at ports of entry; - Inspection branches of post customs clearance; - Customs control team. |
During the process of professional inspection at the customs branches, the HCM City customs department finds that the contents of the inspection and determination of the goods origin for the batches that are applied the tax rate of the preferential import tax at the branches are not consistent. In order to avoid the loss of budget through the inspection of the goods origin and reorganize the inspection of the goods origin in a timely manner in accordance with the current regulations;
Based on the officer dispatch No. 1638/TCHQ-GSQL dated April 19, 2011 of the Customs General Department and the officer dispatch No. 1046/HQHCM-GSQL dated April 22, 2011 of the HCM City Customs Department concerning the enhancement of the inspection of the goods origin.
The HCM City Customs Department hereby requests the Heads of units to disseminate the following contents to each officer:
1. The Heads of units are liable to deploy and train their officers about the legal normative documents relating to the goods origin. Upon determination of the goods origin, the officers must rely on the legal documents promulgated by the Government on the goods origin and goods labels; promulgated by the Ministry of Industry and Trade regarding the principles of goods origin and promulgated by the Ministry of Finance on the special preferential tariff in order to apply to each batch of each F.T.A (Free Trade Agreement) in which Vietnam and Asean are members.
The Heads of units are liable to require the officers to regularly update the new documents relating to the goods origin and fully update the samples of seal and signature samples of the C/O issuing organization provide by the Customs General Department for the deployment of implementation and shall take responsibilities to keep under the “confidential” state upon comparison of the samples of seal and signature. It is prohibited that the seal and signature samples of the C/O issuing organization are not provided to the enterprises.
The HCM City Customs Department shall systematize the legal documents relating to the goods origin in order for the units to update and deploy the implementation (Annex 1 attached hereby)
2. A number of contents relating to the goods origin:
2.1. Bill of Lading:
a. For the goods with the origin, use C/O form D (Asean):
Besides considering the validity of the criteria on C/O (including 13 criteria) in accordance with the principles of goods origin, the officers must also inspect the Bill of Lading (B/L) with respect to the goods batches. The documents of the goods batches are only valid upon the issuance of the “Through B/L” in the member country of goods export (including the goods laid at the port of the export country but the B/L is issued by another country not from the export one, then these goods are not eligible to enjoy the preferential tax under the ATIGA agreement.
b. For the goods with the origin, use C/O form E (ACFTA):
