​         On December 31, 2019, the Government issued Resolution 119/NQ-CP on a number of urgent measures to strengthen the State management of the prevention of frauds of origin and illegal goods transmission.

In recent years, with the policy of resolute preventing and strict handling acts of origin fraud, the Government and the Prime Minister have directed the Ministry of Industry and Trade, the Finance Ministry, the Police Department and other related Ministries and branches have drastically implemented many specific activities and measures, thereby detected and promptly handled many violations.

     The Resolution stated that the overall goal was to prevent frauds of goods origin, illegal transmission in import and export activities, to proactively detect and strictly handle cases (if any); promoting the development of domestic production, protecting the legitimate rights and interests of Vietnamese manufacturers; maintain export growth in a sustainable manner; attracting cooperation and foreign investment in high-value and high-tech projects with spillover effects, connecting global production and supply chains.

    The Government assigned the Ministry of Industry and Trade to coordinate with the concerned ministries and agencies in reviewing and perfecting the system of legal documents; amending or replacing Decree 124/2015/NĐ-CP dated November 19, 2015 amending Decree 185/2013/NĐ-CP stipulating sanctions against administrative violations in commercial activities, production, trading in counterfeit goods, banned goods and protecting the interests of consumers in the direction of increasing the sanctioning level for acts related to origin fraud, fake goods labels in order to increase deterrence; expeditiously complete legal provisions related to the origin of goods, especially domestically circulated goods.

       The Ministry of Industry and Trade monitors, statistics, updates regularly and promptly provides a list of items under investigation, imposes anti-dumping and countervailing duties by countries that regularly apply trade remedies, goods at risk of fraudulent origin, illegally transmission to the Ministry of Finance and relevant ministries, branches and organizations, People's Committees of provinces and centrally run cities to increase strengthen strict control, inspection, especially for C/O issuance and supervision of investment, production, export and import activities.

      Inspection of activities of granting certificates of origin of goods

     The Government requires the Ministry of Industry and Trade to regularly monitor and update data and information on C/O issuance to detect abnormal developments; continue to widely implement the channeling mechanism in receiving dossiers and issuing C/O, regularly updating the list of businesses and goods at high risk to put in the red channel. Determine the focus and key points of export items showing unusually large turnover signs to request origin inspection and verification; strengthen monitoring and supervision for self-certification of origin enterprises to avoid cases of taking advantage of frauds on goods origin.

Establishing interdisciplinary inspection teams for goods origin to inspect  enterprises showing signs of suspicion of fraud, counterfeiting of origin, labeling, or illegal transfer of goods; members of the inspection team include the Ministry of Industry and Trade, Finance, Police, VCCI and the relevant industry association. Examining and inspecting the activities of granting certificates of origin of goods.

     Tighten the examination of origin

The Ministry of Finance shall direct the General Department of Customs to monitor data on export and import of goods, especially those on the List of items that Vietnam is investigating and applying trade remedies to provide monthly to the Ministry of Industry and Trade and the Ministry of Public Security, especially paying attention to the abnormal import and export turnover.

At the same time, strengthening the inspection, control, and strictly handle acts of producing and trading in goods violating intellectual property rights in customs control areas; strengthening cooperation with other countries' customs to exchange information related to statistics on Vietnam's import and export goods, forecasting the possibility that Vietnam's export goods will be subject to trade remedies, handling measures of customs authorities of importing countries regarding frauds of origin or illegal transmission.

Tighten the checking of origin from the stage of receiving dossiers to the stage of post-clearance inspection. Establishing a professional network to inspect and verify the origin of export and import goods.

The Ministry of Science and Technology shall strengthen the inspection and examination of the labeling of goods circulated in the domestic market in order to promptly detect acts of illigal labeling.

The (VCCI) strengthens the inspection and determination of the origin of goods and goods exported, transferred from Vietnam to other countries to carry out the certification of goods origin comply with regulations; tighten the management of granting certificates of origin in accordance with the provisions of Decree 31/2018/NĐ-CP dated March 8, 2018 detailing the Law on Foreign Trade Administration on goods origin.

The Ministry of Public Security works closely with the Ministry of Industry and Trade, the Ministry of Finance and VCCI to strengthen prevention and control of tax evasion, timely inspection and verification of goods and cases showing signs of origin fraud; proactively detect, investigate, and strictly handle cases of violations of evasion of trade remedies and origin frauds in accordance with the law./.

NQ 119.NQ-CP.2019.pdf

Department of Enterprise Management.