HM&P lawyer talks in-depth with The Saigon Times about documents proving the origin of goods

The proving of the origin and origin of goods is not only a problem posed in large commercial transactions, but can also arise in situations that are very close to daily life such as transporting food, ornamental plants, pets, goods sold online or delivering goods according to orders. Recently, Senior Associate Nguyen Nhat Duong, a representative of HM&P Law Firm ("HM&P"), had an in-depth discussion with The Saigon Times (SGT) on the topic of documents proving the origin of goods, from the case of 42 apricot trees in Con Dao that were handled by the authorities because they could not prove their legal origin. Through this case, Lawyer Duong has provided many legal analyses and practical recommendations for people, business households, shippers, forwarders and businesses in the process of transporting and circulating goods.

Source: The Saigon Times

Not all shipping cases need an invoice, but the legal nature must be understood correctly

According to Lawyer Duong, it cannot be simply understood that every time you carry goods on the road, you have to carry all invoices and documents. The obligation to prove the origin of goods depends on many factors such as the subject of transportation, the type of cargo, and the purpose of transportation. The law not only looks at the act of "carrying goods" but also considers the nature of the transaction, especially whether the goods serve business purposes or not.

While an individual buying food or ornamental plants for daily needs usually does not incur complex documentation requirements, cases of transporting goods in large quantities, showing signs of distribution, or belonging to sensitive goods such as fresh food, animals, etc  imported goods, cosmetics, medicines... will be subject to tighter control. This regulation comes from the requirement of state management of smuggling prevention, trade fraud, public health protection and disease control.

Legal risks can arise right from small activities in life

Legal risks do not only exist in large-scale business activities but can arise even in small shipping situations. Although individual demand usually has a lower level of risk, it is not an absolute "exemption zone", especially when the goods are in a specific group or show signs of serving business. Lawyer Duong commented:

"Transporting fresh food may arise requirements for quarantine and food safety; transportation of forest trees, forest orchids or animals under management that may be related to regulations on conservation and forestry; goods sold online if the origin, labels or documents are unknown may be considered as smuggled goods or are not eligible for circulation. Notably, with food, the risk lies not only in the paperwork but also in the storage conditions and quality of the goods during transportation."

Proactive risk prevention: the responsibility of not only the business but also the carrier

According to HM&P, in the practice of inspection, the people who directly work with the authorities are usually shippers, drivers or delivery staff, even though they are not the owners of the goods. Therefore, legal risks do not only stop at the business but also involve the carrier if there is no proper preparation.

To limit risks, forwarders should avoid transporting goods with unknown information, actively save order data and sender information, and be cautious of specific types of goods. For businesses, it is necessary to build a clear delivery process, ensuring that employees have enough basic information about goods, delivery points and necessary documents.

At the end of the discussion, Lawyer Duong emphasized that the law does not aim to hinder the legal circulation of goods, but aims to facilitate legal transactions and control infringing goods. In the context of increasingly fast and popular transactions through the digital environment, the storage of proof of origin such as invoices, transaction information, payment documents or order data is a key factor to help people and businesses reduce risks and protect their interests.

Read more: Vụ 42 gốc mai và những lưu ý cho những hoạt động thường ngày