Circular 40/2025/TT-BCT issue C/Os and written approvals for traders to self-certify the origin of exports under Decree 146/2025/ND-CP

CIRCULAR

On issuance of certificates of origin and written approvals for traders to self-certify the origin of exports under Clause 6, Article 28 of the Government’s Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation of powers and decentralization in the field of industry and trade

Pursuant to the 2017 Law on Foreign Trade Management;

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

Pursuant to the 2025 Law on Promulgation of Legal Documents;

Pursuant to the National Assembly's Resolution No. 190/2025/QH15 dated February 19, 2025, providing for the settlement of certain issues related to the reorganization of the state apparatus;

Pursuant to the Government’s Decree No. 78/2025/ND-CP dated April 1, 2025, detailing a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 146/2025/ND-CP dated June 20, 2025, providing for decentralization and delegation of authority in the field of industry and trade;

Pursuant to the Government’s Decree No. 31/2018/ND-CP dated March 08, 2018, detailing the Law on Foreign Trade Management regarding goods origin;

At the proposal of the Director General of the Agency of Foreign Trade;

The Minister of Industry and Trade hereby promulgates the Circular on issuance of certificates of origin and written approvals for traders to self-certify the origin of exports under Clause 6, Article 28 of the Government’s Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation of powers and decentralization in the field of industry and trade.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the issuance of certificates of origin (hereinafter referred to as C/Os) and written approvals for traders to self-certify the origin of exports (hereinafter referred to as written approvals) under Clause 6, Article 28 of the Government’s Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation of powers and decentralization in the field of industry and trade.

Article 2. Subjects of application

1. The Agency of Foreign Trade (the Ministry of Industry and Trade).

2. People’s Committees of provinces and centrally-run cities (below referred to as provincial-level People’s Committees).

3. Traders, organizations, and individuals involved in the state management of goods origin.

Chapter II

ORGANIZATION AND IMPLEMENTATION OF THE ISSUANCE OF C/Os AND WRITTEN APPROVALS

Article 3. Principles for organizing and implementing the issuance of C/O and written approvals

1. Ensuring consistency and comprehensiveness in the state management of the origin of exported goods.

2. Ensuring compliance with the policy set out in the Law on Organization of the Government and the Law on Organization of Local Administration.

3. Ensuring compliance with regulations on competent agencies and organizations authorized to issue C/Os and written approvals under treaties to which the Socialist Republic of Vietnam is a contracting party.

4. Ensuring no disruption in the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements signed by departments under ministries, ministries, or ministerial-level agencies containing provisions on goods origin.

Article 4. Contents and scope of issuance of C/Os and written approvals

1. The Agency of Foreign Trade (the Ministry of Industry and Trade) shall issue and organize the implementation of the issuance of the types of C/Os and written approvals listed in Appendix I to this Circular upon fulfillment of the conditions prescribed in Article 5 of this Circular and relevant laws.

2. Organizations assigned by provincial-level People’s Committees to perform such tasks within their competence shall issue the types of C/Os and written approvals listed in Appendix II enclosed herewith, in accordance with the Law on Organization of Local Administration, upon fulfillment of the conditions prescribed in Article 5 of this Circular and relevant laws.

3. The fulfillment of conditions shall be based on self-assessment using the form provided in Appendix III to this Circular. The Agency of Foreign Trade (the Ministry of Industry and Trade) shall submit the results of the self-assessment to the Minister of Industry and Trade; organizations assigned by provincial-level People’s Committees shall submit the results of the self-assessment to the provincial-level People’s Committees and the Minister of Industry and Trade.

Article 5. Conditions for issuance of C/Os and written approvals

1. Ensuring the availability of qualified personnel to issue and organize the issuance of types of C/Os and written approvals.

2. Personnel authorized to sign C/Os and written approvals must receive training in knowledge of goods origin.

3. Having an account for collecting fees for certification of goods origin.

4. Ensuring digital infrastructure for the implementation of the electronic Certificate of Origin Management and Issuance System of the Ministry of Industry and Trade (hereinafter referred to as the eCoSys System) at the address www.ecosys.gov.vn that is continuous, stable, and enables smooth execution of the processes for collection of electronic certification fees, issuance of e-C/Os, transmission of e-C/O data, and issuance of written approvals.

5. Having a separate storage area and necessary equipment to store dossiers and documents for the issuance of C/Os and written approvals.

Chapter III

IMPLEMENTATION RESPONSIBILITY AND IMPLEMENTATION PROVISIONS

Article 6. Responsibility of provincial-level People’s Committees

1. Within 90 days from the effective date of this Circular, provincial-level People’s Committees shall ensure that the organizations assigned the task organize the issuance of types of C/Os and written approvals.

2. To provide to the Agency of Foreign Trade (the Ministry of Industry and Trade) the document on the implementation of the issuance of C/Os and written approvals (if any); specimens of seals of the agencies and organizations issuing C/Os and written approvals; and specimens of signatures of personnel competent to sign C/Os and written approvals, in accordance with the guidance of the Agency of Foreign Trade (the Ministry of Industry and Trade), and promptly update such information upon any changes.

3. To publicly disclose the contents regarding the state management of goods origin and provide guidance for traders to apply for C/Os and written approvals in compliance with the law on goods origin.

4. To inspect and supervise the organizations assigned to issue C/Os and written approvals; to handle violations related to the issuance of C/Os and written approvals in accordance with relevant laws.

Article 7. Responsibility of organizations assigned by provincial-level People’s Committees to issue C/Os and written approvals

1. To maintain the conditions for issuance of C/Os and written approvals as prescribed in Article 5 of this Circular.

2. To carry out the procedures for issuance of C/Os and written approvals in accordance with the law on goods origin, ensuring the principles of publicity, transparency, administrative reform, and facilitation; to receive and resolve recommendations and difficulties from traders applying for C/Os and written approvals.

3. To monitor and provide guidance for traders to apply for C/Os and written approvals in compliance with the law on goods origin.

4. To conduct verification and inspection of the C/Os and written approvals that have been issued in accordance with the law on goods origin (including in cases where the organization no longer performs the function and authority to issue C/Os and written approvals).

5. To periodically report on a quarterly or annual basis, or report ad hoc to the Agency of Foreign Trade (the Ministry of Industry and Trade) and the provincial-level People’s Committees on the issuance of C/Os, written approvals, and collection of certification fees for goods origin in accordance with Appendix IV to this Circular.

Article 8. Responsibility of units under the Ministry of Industry and Trade

1. The Agency of Foreign Trade shall:

a) Consolidate information on the implementation of the issuance of C/Os and written approvals.

b) Develop training and retraining programs on goods origin.

c) Assume the prime responsibility for, and coordinate with competent agencies and related units in, conducting regular or irregular inspections of agencies and organizations issuing C/Os and written approvals.

d) Maintain the conditions for issuance of C/Os and written approvals as prescribed in Article 5 of this Circular.

2. The Vietnam E-commerce and Digital Economy Agency shall:

a) Manage the technical infrastructure of the eCoSys and connecting and transmitting e-C/O data from the eCoSys to Vietnam’s National Single Window Portal.

b) Create accounts and assign codes to agencies and organizations issuing C/Os and written approvals on the eCoSys.

c) Post and update the list of agencies and organizations issuing C/Os and written approvals on the eCoSys.

Article 9. Effect

1. This Circular takes effect from July 1, 2025.

2. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail./.

* All Appendices are not translated herein.