Circular No. 01/2011/TT-BCT amends the regulations on the issuance of certificates of origin (C/O) for goods imported from countries participating in the ASEAN-China Free Trade Area (ACFTA), starting from March 1, 2011. Import consignments from certain countries need to use the new C/O form, while those from Cambodia, Laos, Indonesia, Myanmar, and the Philippines continue to use the old form.
Scope of application
Enterprises importing/exporting goods into countries participating in the ASEAN-China Free Trade Area (China, Brunei, Singapore, Malaysia, Thailand) and from other countries (Cambodia, Laos, Indonesia, Myanmar, the Philippines).
Key points
- Enterprises importing goods from China, Brunei, Singapore, Malaysia, and Thailand from March 1, 2011 must use the new Form E C/O to enjoy preferential treatment under the ASEAN-China Free Trade Area Agreement.
- Import consignments from Cambodia, Laos, Indonesia, Myanmar, and the Philippines will continue to use the old Form E C/O until a new regulation is issued.
- This Circular takes effect from March 1, 2011.
🌐 Social impact of this document
- Enterprises will have to comply with the new C/O form requirements, increasing costs and time spent preparing to meet these requirements. However, using the new C/O form also helps ensure transparency in the origin of goods.
- Consumers may benefit from the tariff preferences provided by the ASEAN-China Free Trade Area Agreement.
❓ Frequently asked questions
Which import consignments need to use the new C/O form?
Import consignments from China, Brunei, Singapore, Malaysia, and Thailand from March 1, 2011 must use the new Form E C/O.
What must enterprises do to comply with this regulation?
Enterprises must prepare and use the new Form E C/O for import consignments from China, Brunei, Singapore, Malaysia, and Thailand from March 1, 2011.
Enterprises can continue to use which old C/O forms for import consignments?
Enterprises may continue to use the old Form E C/O for import consignments from Cambodia, Laos, Indonesia, Myanmar, and the Philippines.
When does this Circular take effect?
This Circular takes effect from March 1, 2011.
Is there a specific deadline for using the new C/O form?
No, the announcement only specifies the start date for using the new C/O form from March 1, 2011, but does not mention a specific deadline.
Full text
CIRCULAR
Amending Circular No. 36/2010/TT-BCT dated November 15, 2010 of the Ministry of Industry and Trade to implement the Revised Rules on Procedures for Issuing and Checking Origin and Specific Product Rules under the Harmonized System Version 2007 in the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China.
Within the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China.
Between the Association of Southeast Asian Nations and the People's Republic of China.
Between the Association of Southeast Asian Nations and the People's Republic of China.
___________________________
Pursuant to Decree No. 189/2007/NĐ-CP dated February 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
The Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China signed officially in Laos on November 29, 2004;
The Protocol amending the Rules on Procedures for Issuing and Checking Origin in the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China signed on October 29, 2010 in Hanoi, Vietnam;
Pursuant to Decree No. 19/2006/NĐ-CP dated February 20, 2006, promulgated by the Government detailing the Law on Commerce regarding the origin of goods;
The Minister of Industry and Trade amends Circular No. 36/2010/TT-BCT dated November 15, 2010 of the Ministry of Industry and Trade to implement the Revised Rules on Procedures for Issuing and Checking Origin and Specific Product Rules under the Harmonized System Version 2007 in the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China as follows:
Article 1. Content of amendment and abolition
1. Amend Clause 3, Article 1 of Circular No. 36/2010/TT-BCT implementing the Revised Rules on Procedures for Issuing and Checking Origin and Specific Product Rules under the Harmonized System Version 2007 in the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China dated November 15, 2010 as follows:
a) As of March 1, 2011, imported consignments entering China, Brunei, Singapore, Malaysia, and Thailand wishing to enjoy preferential treatment from these countries under the ACFTA must use the new Form E Certificate of Origin according to Circular No. 36/2010/TT-BCT.
b) Imported consignments from China, Brunei, Singapore, Malaysia, and Thailand with goods arrival date at the border gate as of March 1, 2011, if requesting preferential treatment under the ACFTA, must use the new Form E Certificate of Origin according to Circular No. 36/2010/TT-BCT.
c) Imported consignments from Cambodia, Laos, Indonesia, Myanmar, and the Philippines may continue to use the old Form E Certificate of Origin according to Decision No. 12/2007/QĐ-BTM until a new regulation is issued.
2. Abolish Clause 4, Article 1 of Circular No. 36/2010/TT-BCT.
Article 2. Effective Date
This Circular takes effect from March 1, 2011./.
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