Checking and pre-determining the origin of exported and imported goodshelps businesses proactively comply with legal regulations and enjoy tariff incentives. This process helps minimize the risk of rejection or penalties due to incorrect information, while ensuring transparency and legality of goods upon customs clearance. The article analyzes in detail the steps to determine origin, necessary documents and inspection procedures according to current legal regulations.
How to determine the origin of exported and imported goods
Determining the origin of exported and imported goods is an important step in the customs process. This regulation is clearly stated in Clauses 1 and 2, Article 27 of the Law on Customs 2014.
For exported goods, customs authorities determine origin based on three main factors:
Contents of declaration by customs declarant;
Documents in customs records;
Results of physical inspection of goods.
In case of doubt about the origin of exported goods, the customs authority requires the customs declarant to provide documents related to the origin of exported goods, and conduct inspection and verification of the origin of the goods. goods at facilities producing exported goods. While waiting for the results of inspection and verification of goods origin, exported goods are cleared through customs. This process ensures the accuracy of declared origin information.
With imported goods, the process of determining origin is more complicated. In addition to the above three factors, customs authorities also require documents certifying origin. This document can be issued by the competent authority of the exporting country, or self-certified by the producer, exporter, or importer according to the provisions of international treaties to which Vietnam is a party.
In case of doubt about the origin of imported goods, customs authorities shall inspect and verify the origin of goods in the country of manufacture according to international treaties to which the Socialist Republic of Vietnam is a member. pellets. The results of inspection and verification of origin have legal value to determine the origin of imported goods.
While waiting for the results of inspection and verification of goods origin, imported goods are cleared through customs.
Accurately determining the origin of goods is important in applying tax rates, quotas and other foreign trade management measures. Businesses need to master this regulation to avoid violating customs laws and optimize benefits from free trade agreements.
Procedures for pre-determination of origin of exported and imported goods
Documents for pre-determination of origin of exported and imported goods
According to Article 3 of Circular No. 33/2023/TT-BTC, businesses need to prepare documents to request pre-determination of origin of goods before carrying out customs procedures. This profile includes the following main components:
The production cost declaration and origin declaration of the domestic manufacturer/material supplier also need to be submitted, 01 copy of each.
Production process or Certificate of Ingredient Analysis (if any) are also important documents, and need to submit 01 photocopy. This document describes in detail the production steps or provides information about the product’s ingredients, helping to more clearly identify the origin.
Finally, businesses need to submit a copy of the Catalog or image of the goods.
Procedure for inspection and pre-determination of origin of exported and imported goods
The process of pre-determining the origin of exported and imported goods is carried out in two main steps. This process ensures accuracy and efficiency in determining the origin of goods.
Step 1: Submit application for predetermination of origin
Enterprises need to send dossiers requesting pre-determination of origin of goods to the General Department of Customs. The submission of documents is done through the Electronic Customs Data Processing System, ensuring speed and accuracy. In case the system has problems or does not meet requirements, businesses can submit 01 set of paper documents directly to the General Department of Customs.
Step 2: Process documents and notify results
After receiving the dossier, the customs authority will review and process it. During this process, if there are any changes related to the goods whose origin has been requested to be predetermined, the enterprise is responsible for notifying in writing the General Department of Customs within 10 working days from the date of origin. date of change. The notice must clearly state the content, reason and time of the change.
Based on the application dossier and additional information (if any), the customs authority will issue a Notice of Prior Determination of Origin. This notice has legal value and is the basis for businesses to carry out further customs procedures.
This process ensures transparency and accuracy in determining the origin of goods, helping businesses avoid legal risks and optimize benefits from tariff incentives.
Consulting services and support for inspection procedures and pre-determination of origin of exported and imported goods in Long Phan
Long Phan provides professional consulting services on inspection procedures and pre-determination of origin of exported and imported goods. Our team of experts has extensive experience in customs and international trade.
Consulting services and support for inspection procedures and pre-determination of origin of exported and imported goods at Long Phan include:
In-depth consulting on the process of determining the origin of goods;
Support in preparing correct and complete documents;
Check the validity of the certificate of origin;
Analyze rules of origin applied to each specific item;
Instructions for declaring origin information on customs declarations;
Business representatives work with customs authorities;
Monitor the progress of processing documents for pre-determination of origin;
Update information on FTAs and related tariff incentives;
Training corporate personnel on the origin determination process;
Consulting on handling problems that arise during the origin inspection process.
Procedures for inspection and pre-determination of origin of exported and imported goods play a key role in international trade activities. Long Phan is committed to supporting businesses in implementing this process effectively, ensuring legal compliance and optimizing economic benefits. For detailed advice, please contact the hotline 0906735386by Long Phan.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.
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