Phan Van Chinh, Director-General of the Import and Export Bureau of the Ministry of Commerce and Industry of Vietnam, said that special attention should be paid to products with high risks of fraud in certificates of origin and that solar cells were included. In addition, Vietnam Customs is developing a new procedure to better identify and punish those enterprises that violate the regulations to export Chinese products to Vietnam.

In the first quarter of this year, due to the rapid decline in domestic photovoltaic module prices, the overseas emerging market demand is strong. Vietnam has replaced India as the largest export market of components in China. The export volume of components to Vietnam has increased by 239 times to 739 million US dollars, accounting for 16.8% of the total export volume. In the first quarter, Vietnam, the Netherlands, India, Japan and Australia were the top five markets for the export of photovoltaic modules in China.

Data show that China's export of component products to 186 countries and regions increased 31.89% to 4.39 billion US dollars year-on-year, and its export volume increased 77.63% to 16.78 GW year-on-year.

Relevant data show that China's exports to the United States fell by 13.9% in the first three months of 2019, while Vietnam's exports increased by 40.2% in the same period. In response, the U.S. Treasury Department put Vietnam on the watch list of "exchange rate manipulators" in May to prevent Chinese products from being exported to the United States via Vietnam. Even on July 2, the U.S. Department of Commerce said it imposed a punitive tariff of up to 456% on some steel products from Vietnam. To this end, Vietnam recently issued an emergency new regulation, issued a "Vietnam-made" (origin) standard, pointing out that 100% of overseas imported raw materials must add 30% additional value in Vietnam in order to export with Vietnam-made labels. (456% punitive tariff! Does Vietnam's new regulations have an impact on Tianhe, Atlas, Jingao, China Electric Power and other enterprises? )

With the outbreak of Vietnam's export markets to other countries this year, strict censorship measures have been issued again on the phenomenon of "laundering of origins".

Previously, the draft standard of "Made in Vietnam" (Origin) issued by the Ministry of Industry and Trade of Vietnam stipulated that:

Commodity labels must indicate origin. If a product is purely Vietnamese origin or is produced entirely in Vietnam, it will be labeled "Made in Vietnam".

If the goods are manufactured in the final processing stage of Vietnam, they must meet the requirements of HS conversion and the added value ratio of more than 30% in Vietnam before they can be labeled "Made in Vietnam".

Qualification

Recently, the Ministry of Finance of Vietnam issued Announcement No. 62/2019/TT-BTC to supplement and amend Announcement No. 38/2018/TT-BTC to confirm the origin of import and export goods. Announcement 62/2019/TT-BTC came into effect on 21 October 2019.

Announcement No. 62/2019/TT-BTC amends many problems of origin. Specifically, the HS Code in the certificate of origin is different from the HS Code in the import declaration. Item 6h of Article 15 is supplemented and amended as follows:

If the HS Code on the certificate of origin is different from the tax code on the import declaration, and the description of goods on the certificate of origin is different from that on the import declaration and the actual goods, the customs authorities may accept the goods when the supplementary import declaration meets the standards of origin according to the tax code number declared on the import declaration. To authenticate documents.

If the HS Code on the Certificate of Origin is different from the tax code on the import declaration, and the description of goods on the Certificate of Origin is different from that on the import declaration and the actual goods, and when the Customs authorities have the basis to confirm that the imported goods are not the goods on the Certificate of Origin, the Customs authorities shall reject the goods on the Certificate of Origin of Goods and act in accordance with this Notice. The provisions of Article 22 (2) of the Notice are notified to the Customs Electronic Data Processing System.

If the HS Code in the Certificate of Origin is different from the tax code in the import declaration and the description of the goods actually imported in the Certificate of Origin and the import declaration is in conformity, the Customs Unit shall comply with one of the standards of origin stipulated in Agreement 31/2018/ND-CP if there is no basis for the Customs Unit to confirm that the goods listed in the Tax Code in the import declaration meet the standards of origin stipulated in Agreement 31/2018/ND-CP. Confirmation procedures are provided for in Articles 19 and 21.

Notice No. 62/2019/TT-BTC also supplements the refusal to accept certificates of origin. Specifically, item 1 D of Article 22 is supplemented and amended as follows:

If a certificate of origin of goods has been held at the time of the import formalities, but the customs declarer fails to provide the number of certificate of origin, the date of issuance, or the certificate of origin has not been held at the time of the import formalities, and the declarer fails to apply for a delay in submission of the certificate of origin in accordance with Article 5 of this bulletin, the customs authorities may refuse the certificate of origin in accordance with the provisions.

If the applicant applies for postponing the submission of the certificate of origin (as stipulated in Article 5 of this bulletin), but the declaration and submission of the certificate of origin are supplemented after the expiration of the certificate (as stipulated in Article 7), the customs authorities may reject the certificate of origin in accordance with the law.