This amended regulation sets out the rules for issuing Certificates of Origin Model AK for Vietnam and South Korea, determining the conditions for enjoying preferential treatment under the bilateral agreement. Notably, it updates the list of origin criteria for specific products.
要点
- Goods must meet all the origin requirements set forth in Appendix I of this Regulation to be eligible for issuance of Certificate of Origin (C/O) Model AK.
- Apply Appendix II - List of Origin Criteria for Specific Products (PSR), replacing the old Appendix II.
- When using third-country invoices, the name and country of the invoice issuer must be clearly stated in Box No. 7 of C/O Model AK.
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DECISION
AMENDING AND COMPLEMENTING DECREE NO. 02/2007/QĐ-BTM
DATED JANUARY 8, 2007 ISSUED BY THE MINISTER OF TRADE ON THE REGULATION FOR GRANTING CERTIFICATES OF ORIGIN FORM AK TO ENJOY BENEFITS UNDER THE GOODS TRADING AGREEMENT WITHIN THE FRAMEWORK OF THE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN MEMBER STATES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AND THE REPUBLIC OF KOREA
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MINISTER OF INDUSTRY AND TRADE
BASED ON THE GOODS TRADING AGREEMENT WITHIN THE FRAMEWORK OF THE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN ASEAN AND THE REPUBLIC OF KOREA SIGNED IN KUALA LUMPUR, MALAYSIA ON AUGUST 24, 2006;
BASED ON RESOLUTION NO. 01/2007/QH12 DATED JULY 31, 2007 OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM, SESSION XII, FIRST MEETING REGARDING THE STRUCTURE AND ORGANIZATION OF THE GOVERNMENT AND THE NUMBER OF DEPUTY PRIME MINISTERS FOR TERM XII;
BASED ON DECREE NO. 86/2002/NĐ-CP DATED NOVEMBER 5, 2002 ISSUED BY THE GOVERNMENT REGULATING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND MINISTRY-EQUIVALENT AGENCIES;
AT THE PROPOSAL OF THE DIRECTOR OF THE IMPORT-EXPORT DEPARTMENT,
DECIDES:
ARTICLE 1AMENDING AND COMPLEMENTING CERTAIN CONTENTS IN DECREE NO. 02/2007/QĐ-BTM DATED FEBRUARY 8, 2007 ISSUED BY THE MINISTER OF TRADE ON THE REGULATION FOR GRANTING CERTIFICATES OF ORIGIN FORM AK TO ENJOY BENEFITS UNDER THE GOODS TRADING AGREEMENT WITHIN THE FRAMEWORK OF THE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN GOVERNMENTS OF ASEAN MEMBER STATES AND THE REPUBLIC OF KOREA (HEREINAFTER REFERRED TO AS DECREE NO. 02/2007/QĐ-BTM) AS FOLLOWS:
1. AMENDING ARTICLE 2 OF THE REGULATION FOR GRANTING CERTIFICATES OF ORIGIN FORM AK AS FOLLOWS:
“GOODS THAT ARE ISSUED WITH C/O FORM AK MUST SATISFY ALL CONDITIONS REGARDING ORIGIN AS SET OUT IN ANNEX I OF THIS REGULATION.”
2. APPLYING ANNEX II – LIST OF ORIGIN CRITERIA FOR SPECIFIC PRODUCTS (PSR) ACCOMPANYING THIS DECISION AND ABOLISHING ANNEX II – LIST OF SPECIFIC PRODUCTS AND ORIGIN CRITERIA (PSR) AS PROVIDED IN DECREE NO. 02/2007/QĐ-BTM.
3. AMENDING CLAUSE 8 OF ANNEX VII – GUIDELINES FOR COMPLETING C/O FORM AK AS FOLLOWS:
“8. AT BOX 7: NUMBER AND TYPE OF PACKAGES, DESCRIPTION OF GOODS (INCLUDING QUANTITY AND HS CODE OF THE IMPORTING COUNTRY). IN CASE A THIRD-COUNTRY INVOICE IS USED AND MARKED (√) AT BOX 13, THE NAME AND COUNTRY OF THE COMPANY ISSUING THIS INVOICE MUST BE CLEARLY STATED.”
Article 2. This Decision shall take effect fifteen days after the date of publication in the Official Gazette.
Article 3. The Director of the Ministry's Office, the Department Head of the Import-Export Department, and the Heads of relevant agencies are responsible for implementing this Decision./.
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