This is a new customs regulation which will have a very significant effect on some importers of goods.
On 14 September, the Ministry of Finance issued official letter 12802/BTC-TCHQ to provincial customs departments setting out new deadlines for the submission of Certificates of Origin under relevant Free Trade Agreements (FTAs)
Under OL 12802, Customs now requires companies to submit C/Os at the customs registration time (for paper declaration) or upon submission of customs dossiers (for electronic declaration). Imported goods whose C/Os are not submitted as required will be subject to the applicable MFN or normal import duty rates.
This applies for all forms of C/O except for C/O Form VK, under the Vietnam – Korea FTA.
Customs will accept the submission of C/O after importation only in the following cases:
- Imported goods are re-classified under new HS codes, where the corresponding MFN import duty rates are higher than the special preferential rates.
- Imported goods are eligible for duty exemption at importation under an investment incentive scheme, but are subsequently determined as not qualifying for such incentives.
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