Meeting of the Drafting Committee and Editorial Team to develop a Decree detailing the Law on Foreign Trade Management on the origin of goods

On March 8, 2018, the Government issued Decree No. 31/2018/ND-CP detailing the Law on Foreign Trade Management on the origin of goods. After 6 years of implementation, Decree No. 31/2018/ND-CP has achieved a number of positive results such as: i) Completing the legal framework on state management of goods origin so that agencies and organizations can issue C/O and create favorable conditions for businesses to take advantage of tariff incentives from FTAs; ii) The markets of FTAs ​​that Vietnam participates in are increasingly expanding (19 Free Trade Agreements including new generation FTAs: CPTPP, EVFTA, UKVFTA); iii) Making the legal framework transparent to implement FTAs ​​( the Ministry of Industry and Trade has issued 45 legal documents in the field of origin of goods guiding the procedures for granting Certificates of Origin (C/O) and implementing rules of origin according to Vietnam's commitments); iv) Export activities using preferential C/O of Vietnamese enterprises have increased steadily in recent times. The export turnover using preferential C/O in the period of 2018-2024 is specifically as follows: in 2018 it reached 48.9 billion USD, in 2019 it reached 54.8 billion USD, in 2020 it reached 52.8 billion USD, in 2021 it reached 68.9 billion USD, in 2022 it reached 78.1 billion USD, in 2023 it reached 86.1 billion USD and in 2024 it reached 99.3 billion USD.

Overview of the meeting on amending Decree 31/2018/ND-CP

However, after 7 years of implementation, Decree No. 31/2018/ND-CP has encountered some shortcomings and limitations such as: procedures for applying the mechanism of self-certification of origin of goods, sanctions for handling fraud of origin of goods or some issues related to C/O application dossiers, trader dossiers, record storage...

Pursuant to the direction of Deputy Prime Minister Le Minh Khai in Official Dispatch No. 1138/VPCP-QHQT dated February 21, 2024 of the Government Office , assigning the Ministry of Industry and Trade to "preside over and coordinate with relevant ministries and branches to study, review and propose the development of a Decree to replace Decree No. 31/2018/ND-CP in accordance with the provisions of the Law on Promulgation of Legal Documents and related documents", on February 14, 2025, the Ministry of Industry and Trade issued Decision No. 405/QD-BCT on the establishment of the Drafting Committee and Editorial Team to develop a Decree detailing the Law on Foreign Trade Management on the origin of goods (the Decree replaces Decree No. 31/2018/ND-CP dated March 8, 2018 of the Government detailing the Law on Foreign Trade Management on the origin of goods).

Deputy Minister Nguyen Sinh Nhat Tan chaired the meeting.

Currently, in the context of the fast and unpredictable developments in international trade, in order to proactively adapt to the new situation, with the goal of promoting balanced and sustainable trade, ensuring the harmonious interests of Vietnam with its partners and not affecting the international commitments on the origin of goods that Vietnam participates in, the management of goods origin is one of the important tasks for import and export activities. Therefore, on April 17, the Ministry of Industry and Trade held a meeting of the Drafting Committee and the Editorial Team to develop a Decree detailing the Law on Foreign Trade Management on the origin of goods chaired by Deputy Minister Nguyen Sinh Nhat Tan - Head of the Drafting Committee.

Ms. Trinh Thi Thu Hien - Deputy Director of the Import-Export Department reported on the implementation of the Decree.

At the meeting, members of the Drafting Committee and Editorial Team discussed the following contents: Mechanism for self-certification of origin of goods; Decentralization/Authorization of issuance of Certificates of Origin of goods; Sanctions for handling fraud of origin of goods, measures to strengthen the prevention of fraud of origin of goods, illegal transshipment; Simplification of administrative procedures, promotion of issuance of electronic C/O; and other groups of issues.

Delegates attending the meeting contributed their opinions to the process of amending the Decree.

Deputy Minister Nguyen Sinh Nhat Tan concluded the meeting.

After listening to the opinions of the members of the Drafting Committee and the Editorial Team for the Decree, concluding the meeting, Comrade Nguyen Sinh Nhat Tan, Deputy Minister of Industry and Trade, proposed to implement the following contents:

Firstly, the presiding unit synthesizes and receives opinions from other units, reviews and summarizes current mechanisms to continue researching and perfecting the Draft Decree.

Second, closely following the market situation and the direction of the Party and Government leaders, the Minister focused on removing difficulties for production, substantially removing difficulties and obstacles for each enterprise to create favorable conditions to take advantage of incentives from FTAs, and promote exports to FTA markets.

Third, organize a workshop to widely collect opinions from ministries, departments, branches, industry associations, and enterprises to ensure that the Decree, when issued, is feasible and effective.

Fourthly, it is recommended that members of the Drafting Committee and Editorial Team continue to research and review according to the state management functions and tasks of the unit to propose specific mechanisms and regulations to harmonize existing problems and difficulties that have arisen when Decree No. 31/2018/ND-CP has not been fully resolved.

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Source: Import and Export Department

Source: https://moit.gov.vn/tin-tuc/hoat-dong/hoat-dong-cua-lanh-dao-bo/cuoc-hop-ban-soan-thao-to-bien-tap-xay-dung-nghi-dinh-quy-dinh-chi-tiet-luat-quan-ly-ngoai-thuong-ve-xuat-xu-hang-hoa.html