Before some press agencies have many articles reflecting that Vietnam Asanzo Electronics JSC imported products manufactured in other countries but labeled Vietnam origin to market, the Prime Minister assigned the Ministry Finance – Standing Agency The National Steering Committee 389 chaired and coordinated with the Ministry of Public Security, Ministry of Industry and Trade and relevant agencies to promptly check and verify information.
The Prime Minister asked the Ministry of Finance and the Ministry of Industry and Trade to urgently carry out the above tasks and report to the Prime Minister on the results before July 30, 2019.
Previously, Tuoi Tre newspaper published articles with information that Asanzo imported parts and tore Chinese labels and labeled "made in Vietnam". In the new feedback, Asanzo said that the company "confidently believes that Asanzo-branded products with Vietnamese origin and Japanese technology are grounded in accordance with market practices and not contrary to Vietnamese law." Male".
Each different product needs to be specified
From Asanzo's story, talking to BizLIVE, Mr. Truong Thanh Duc, Chairman of Member Board of Basico Law Company, said that the origin of goods defined in Article 3.14 of the Commercial Law in 2015 with two meanings is country or region. whole production territory or place to perform basic processing without mentioning assembly.
According to Mr. Duc, the final basic processing of goods in the case of many countries or territories participating in the production process, for example 99% of Chinese goods and adding some Japanese, Korean and Vietnamese equipment. It is said to be many countries but it is important to be at the level of "basic processing", the assembly of loudspeakers and recognition of Vietnamese origin is not possible.
Mr. Duc also suggested that it is necessary to stipulate what production and assembly cases are of origin and not in general. The criteria "made in Vietnam" meet 2 criteria of content value must be more than 50%, the second does not need so much but the condition is that there is no similar product of another manufacturer that has to gather many things , assembly creates a new product, it cannot be exactly the same as a finished or nearly complete product. Each of the different products needs to be specified, the car will be different from a bicycle, or a television.
There is no clear regulation of what is "made in Vietnam".
In this regard, an economist said that in the case of labeling "made in Vietnam" while the production content in Vietnam is very small (as in the report of Tuoi Tre newspaper about Asanzo), it must be condemned. . But this wrong part can be blamed for not having clear rules about "Made in Vietnam".
Decree No. 43/2017 / ND-CP stipulates that all organizations and individuals producing and trading goods in Vietnam or importing goods must label the goods (except for some special cases).
Article 10 of Decree 43 clearly states that the goods label must show the following contents: goods names; names and addresses of organizations and individuals responsible for goods; origin of goods and other contents depending on the nature of each type of goods.
Article 15 of Decree 43 requires that production and import organizations and individuals self-identify and record the origin of their goods, ensuring honesty, accuracy and compliance with the provisions of the law on export. goods origin or agreements that Vietnam has signed or signed.
However, determine the origin of goods according to which principles, which rules so far have no clear instructions.
The expert also said that Vietnam has participated in many free trade agreements (FTAs) and issued many regulations (at the Circular level of the Ministry of Industry and Trade) regarding the determination of origin, but the This provision is a gross origin, including Vietnam and other countries.
For example, in ASEAN if a regional value content of 40% or more is reached, it is considered to have ASEAN origin. In this 40% may be 20% of Thailand, 10% of Malaysia, 5% of the Philippines and only 5% of Vietnam. Thus, the achievement of ASEAN origin criteria (granted C / O Form D) does not confirm whether the goods originated in Vietnam.
"There has been a Circular 05/2018 / TT-BCT stipulating what is considered to be Vietnam origin. But like the above circulars, this Circular only applies to goods exported from Vietnam. There has not been any regulation to take the criteria of Circular 05 to consider it as "Vietnamese goods" or goods "produced in Vietnam.
In other words, we do not have a clear measure of how the production process is, how much is the value, the business can confidently label "made in Vietnam" on the product ", this position point out.
In this regard, the Ministry of Industry and Trade reported to the Prime Minister and is currently drafting a draft Circular regulating goods, which is labeled "Made in Vietnam / Made in Vietnam".
“Since there is no clear regulation on how the rate of production and processing in Vietnam is, how many percent of the value of products should businesses and state management agencies be very embarrassed when not? Knowing whether a product is "Vietnamese goods" or "Made in Vietnam". But those cheating businesses can take advantage of that ambiguity to put on their own Vietnamese shirt to do marketing tricks, ”he said.