Circular No. 06/2020/TT-BCT amending and supplementing certain provisions of Circular No. 03/2019/TT-BCT dated January 22, 2019, issued by the Minister of Industry and Trade on Rules of Origin for Goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

CIRCULAR

Amending and supplementing certain Articles of Circular No. 03/2019/TT-BCT

January 22, 2019 of the Minister of Industry and Trade stipulating

Rules of Origin for Goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Implementing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed on March 8, 2018 in Chile;

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Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 31/2018/NĐ-CP dated March 8, 2018, of the Government detailing the Law on Foreign Trade Management regarding the origin of goods;

The Minister of Industry and Trade issues this Circular to amend and supplement certain provisions of Circular No. 03/2019/TT-BCT dated January 22, 2019 of the Ministry of Industry and Trade stipulating Rules of Origin for Goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as Circular No. 03/2019/TT-BCT).

At the proposal of the Director of the Department of Import-Export;

Article 1. Amending and supplementing certain provisions of Circular No. 03/2019/TT-BCT

1. Supplement Clause 4 and Clause 5 of Article 29 as follows:

"4. The term "

wholly formed vehiclewholly formed" () at Clause 3 means the entire production process and finishing operations, starting from extruding filament, tape, film, or sheet, and including stretching filament or cutting film or sheet into tape, or drawing various fibers into yarn, or both, and finally obtaining finished yarn (a finished yarn) or plied yarn.5. The provision at Clause 3 of this Article shall not apply to materials listed in Appendix VIII (List of Shortage Sources)."

2. Article 33 is amended and supplemented as follows:

Article 33. Implementation and Effectiveness

"1. This Circular takes effect from March 8, 2019.

2. Guidelines and uniform interpretations related to Rules of Origin agreed upon by the Member States through alternating consensus or consensus in reports of the Committee on Rules of Origin and Certificate of Origin Procedures and the CPTPP Council within the framework of implementing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership shall serve as the basis for issuing authorities, organizations issuing Certificates of Origin, and customs authorities to implement.

3. The contents specified in Clause 2 of this Article shall be notified to issuing authorities, organizations issuing Certificates of Origin, and customs authorities through the lead agency designated by Decision No. 734/QĐ-TTg dated June 14, 2019 of the Prime Minister on the designation of lead agencies to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)."

3. Repeal Appendix III (De Minimis Exceptions) issued together with Circular No. 03/2019/TT-BCT and replace it with Appendix I issued together with this Circular.

4. Repeal Appendix IV (Vietnamese C/O CPTPP Form) issued together with Circular No. 03/2019/TT-BCT and replace it with Appendix II issued together with this Circular.

5. Repeal Appendix V (Supplementary Declaration Form for Vietnamese C/O CPTPP Model) issued together with Circular No. 03/2019/TT-BCT and replace it with Appendix III issued together with this Circular.

6. Repeal Appendix VI (Guidelines for Filing C/O CPTPP Model and Supplementary Declaration) issued together with Circular No. 03/2019/TT-BCT and replace it with Appendix IV issued together with this Circular.

This Circular takes effect from May 8, 2020./.

Article 2. Effective Date

This Circular takes effect from May 8, 2020./.

THE MINISTER

signed

Tran Tuan Anh