On May 27, the Ministry of Finance issued Circular No. 47/2020/TT-BTC stipulating C/O submission time and form for imports and exports amid the acute respiratory disease caused by coronavirus (Covid-19).
To be allowed to supplement C/O in its valid duration
Circular No. 47/2020/TT-BTC is a solution of the Ministry of Finance (General Department of Customs) to support and remove difficulties and facilitate customs clearance for enterprises affected by the Covid-19 pandemic. This circular is issued under the proposals of C/O issuing agencies and comments of enterprises that are facing difficulties in C/O submission amid the Covid-19 pandemic.
The scope of application under the circular is Customs declarants, Customs agency, Customs officers, other organizations and individuals involved in determination of origin of imports and exports.
The biggest concern is C/O submission time,form and effective duration.
Particularly, regarding the C/O submission time, Circular 47 states: Customs declarants have to submit C/O at customs clearance time to enjoy special preferential tax rate according to point a, clause 1, article 7, of Circular 38/2018/TT-BTC dated April 20, 2018 of the Minister of Finance on determination of origin of imports and exports (called Circular No. 38/2018/TT-BTC).
If there is not a C/O at the customs clearance time to enjoy the special preferential tax rate, Customs declarants must declare the late C/O submission on the import declaration and are allowed to supplement C/O in its valid duration. Customs declarants must declare at Most Favored Nation (MFN) tariff or normal tax rate and are allowed to supplement C/O in its valid duration to enjoy respective special preferential tax rate; the customs agency has to return the difference from the paid tax amount.
C/O with e-signature and e-seal accepted
Regarding C/O submission form, Circular No. 47 guides as follow:
In case imports are subject to special preferential tax rate, Customs declarants must submit C/O.
Regarding C/O with e-signature and e-seal, the Customs shall agency accept C/O with e-signature and e-seal if there is a notice by the C/O issuer in the exporting country on issuing C/O with e-signature and e-seal and a website for looking up the C/O or other methods to look up the C/O. The Customs agency shall inspect the C/O validity on the websites and other methods of the issuer to apply special preferential tax rate and print a C/O for archiving.
Regarding the copy and scan of C/O, the Customs agency shall accept the copy or scan if there is a notice issued by the competent agency in the exporting country on the use of the photo/scan of original C/O and the photo/scan must be presented or websites or other checking methods must be provided to the customs for determination of C/O validity. The Customs agency shall check the validity of the photo/scan of C/O on the websites or other checking methods issued by the competent agency to apply special preferential tax rate and print a C/O for archiving.
In case the C/O for imported goods must be submitted under clause 2 of Article 4 of Circular No. 38/2018/TT-BTC, Customs declarants submit the original C/O to the Customs. In case there is not an original C/O at the customs clearance time, Customs declarants shall submit a photo/scan of C/O to the Customs agency and be liable for the accuracy and validity of the photo/scan under the law.
The Customs agency shall base on the photo/scan of C/O, customs dossiers, actual goods, shipment journey and other information to determine origin of goods and decide customs clearance. Customs declarants shall have to submit the original C/O within 180 days from registration date of import customs declaration.
Regarding the implementation validity, Circular 47 is effective since the Covid-19 pandemic was announced by the Prime Minister of the Socialist Republic of Vietnam (January 23, 2020) and applies to import customs declaration from January 23, 2020. At the same time, depending on the Covid-19 pandemic around the world, the Minister of Finance shall announce the termination of this Circular.