This directive requires businesses to comply with US regulations on origin of goods and customs procedures when exporting to this market in order to prevent commercial fraud and illegal shipments.
Scope of application
[Businesses, Vietnam Chamber of Commerce and Industry, General Department of Customs]
Key points
- Businesses must study and strictly adhere to US regulations regarding customs procedures and the origin of goods (Article 1.1).
- Businesses are not allowed to use Certificates of Origin (C/O) from other countries for consignments originating in Vietnam, and vice versa (Article 1.2).
- When declaring to obtain a C/O and filing customs declarations, businesses must truthfully report the type, quantity, and value of exported goods (Article 1.3).
- The Vietnam Chamber of Commerce and Industry needs to carefully review applications for C/O issuance to detect commercial fraud (Article 2).
- The General Department of Customs must take measures to prevent fraudulent trade practices and inform the Ministry of Trade about violating businesses (Article 3).
🌐 Social impact of this document
- Limit the misuse of Vietnamese Certificates of Origin for exporting goods not from Vietnam, protecting the reputation and rights of Vietnamese manufacturers and workers.
- Strengthen management over businesses in customs declaration procedures and issuance of certificates of origin for exported textile products to the US market.
❓ Frequently asked questions
Can businesses use Certificates of Origin from other countries for consignments originating in Vietnam?
No, businesses are not allowed to use Certificates of Origin (C/O) from other countries for consignments originating in Vietnam.
What tasks does the Vietnam Chamber of Commerce and Industry need to perform?
The Vietnam Chamber of Commerce and Industry needs to carefully review applications for C/O issuance to detect commercial fraud.
What responsibilities does the General Department of Customs have in combating fraudulent trade practices?
The General Department of Customs must take measures to prevent fraudulent trade practices and inform the Ministry of Trade about violating businesses.
What should businesses do when declaring customs?
When applying for a C/O and filing customs declarations, businesses must truthfully report the type, quantity, and value of exported goods.
What requirements does the Ministry of Trade have regarding the verification of certificates of origin for textile products?
The Ministry of Trade requests relevant sectors to strictly check C/Os for exported textile products going to the US; only issue C/Os to businesses producing in Vietnam and processing according to OPA regulations of the US.
Full text
DIRECTIVE
OF THE MINISTER OF TRADE NO. 01/2003/CT-BTM
MARCH 11, 2003 ON COMBATING UNFAIR TRADING PRACTICES AND ILLEGAL SHIPMENTS TO THE UNITED STATES MARKET
Since the entry into force of the Bilateral Trade Agreement (BTA) between Vietnam and the United States, bilateral trade has developed favorably, with two-way export turnover increasing significantly compared to 2001. However, alongside these achievements, there are still instances where businesses fail to comply fully with U.S. laws regarding rules of origin for goods (C/O for multi-stage processing and in multiple locations (OPA)... This is evident in improper shipping practices and undervaluation of goods, etc. To ensure that import-export activities adhere to regulations, the Minister of Trade requests:
1. For businesses
1.1 Study and comply with U.S. regulations on customs procedures and rules of origin for goods.
1.2 Do not use Certificates of Origin (C/O) from other countries for consignments originating in Vietnam, and vice versa, do not use Vietnamese C/O to export goods from other countries.
1.3 When applying for issuance of C/O and customs declaration, accurately report the type, quantity, and value of exported goods as they actually are.
2. The Ministry of Trade requests the Vietnam Chamber of Commerce and Industry to carefully review applications for C/O issuance, establish procedural guidelines to promptly identify businesses engaging in fraudulent reporting and classification, and categorize enterprises that have committed violations.
3. The Ministry of Trade requests the General Customs Department to implement measures to inspect and prevent unfair trading practices as mentioned above; simultaneously, regularly report to the Ministry of Trade on businesses involved in fraud for timely action and prevention.
In cases where fraudulent activities are discovered, relevant law enforcement agencies must impose strict penalties according to Vietnamese laws to avoid situations where businesses exploit Vietnamese C/O without sourcing goods from Vietnam, thereby damaging the reputation and livelihoods of Vietnamese producers and workers.
The Ministry of Trade requests related sectors to rigorously check C/O for exported textile products going to the United States; issue C/O only to enterprises that produce in Vietnam and comply with U.S. OPA regulations; during implementation, if any issues arise, promptly report them for timely correction and resolution.
In cases where fraudulent activities are detected, depending on the level of violation, law enforcement agencies must impose strict penalties in accordance with Vietnamese laws to prevent enterprises from exploiting Vietnamese C/Os without sourcing products from Vietnam, thereby damaging the reputation and livelihoods of Vietnamese manufacturers and workers.
The Ministry of Commerce requests relevant sectors to rigorously inspect C/Os for textile goods exported to the United States; issue C/Os only to businesses that produce goods in Vietnam and comply with U.S. OPA regulations; during implementation, any issues arising should be promptly reported for timely correction and resolution.
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