Circular No. 20/2014/TT-BCT on the Implementation of Rules of Origin under the ASEAN-Korea Free Trade Agreement

✦ Smart summary

Circular No. 20/2014/TT-BCT stipulates the implementation of rules of origin under the ASEAN-Korea Free Trade Agreement, including specific product rules and guidance for issuing the Certificate of Origin (C/O) model AK.

Scope of application

Manufacturers and exporters of goods from Vietnam; importers of goods from Vietnam in South Korea.

Key points

Manufacturers and exporters must comply with the rules of origin (Article 1.1) to enjoy preferential tariffs under the ASEAN-Korea Agreement.
Organizations issuing Certificates of Origin (C/O) model AK are listed in Appendix VIII of this Circular.
Procedures for issuing and checking C/O model AK are carried out in accordance with Circular No. 06/2011/TT-BCT and Circular No. 01/2013/TT-BCT (Article 2).
Goods must meet the requirements of origin to be issued a C/O model AK.
This Circular replaces previous legal documents related to the issuance of Certificate of Origin model AK.

🌐 Social impact of this document

Facilitates Vietnamese enterprises in exporting goods to South Korea.
Enhances bilateral trade between Vietnam and South Korea.
Requires enterprises to strictly adhere to origin regulations, creating administrative burdens for some small businesses.
Organizations issuing Certificates of Origin benefit from implementing this Circular.

❓ Frequently asked questions

Which organizations have the authority to issue Certificates of Origin model AK?

The list of organizations is set forth in Appendix VIII of Circular No. 20/2014/TT-BCT.

How are procedures for issuing and checking C/O model AK carried out?

As prescribed in Circular No. 06/2011/TT-BCT dated March 21, 2011, and Circular No. 01/2013/TT-BCT dated January 3, 2013.

What documents does this Circular replace?

Replaces Decision No. 02/2007/QĐ-BTM, Decision No. 005/2007/QĐ-BCT, Circular No. 17/2009/TT-BCT, and Circular No. 38/2009/TT-BCT.

What conditions must goods meet to be issued a C/O model AK?

Must comply with the rules of origin specified in Appendix I and specific product rules specified in Appendix II of this Circular.

When does this Circular take effect?

Takes effect from July 1, 2014 (Article 3).

Full text

MINISTRY OF INDUSTRY AND TRADE

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

Number: 20/2014/TT-BCT

Hanoi, June 25, 2014

CIRCULAR

Regulations on the Implementation of Rules of Origin in the Agreement

the ASEAN-Korea Free Trade Area

_____________

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Approval Letter of the Implementing Committee of the ASEAN-Korea Free Trade Agreement dated June 27, 2013 regarding the amendment of Annex I - Procedures for Issuance and Verification of Certificates of Origin in Annex III - Rules of Origin of the Goods Trade Agreement within the framework of the ASEAN-Korea Free Trade Agreement;

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 issues this Circular regulating the implementation of Rules of Origin in the ASEAN-Korea Free Trade Area as follows:

Type of goods

1. Rules of Origin (Appendix I);

2. Specific Product Rules (Appendix II);

3. Some Guidelines for Annex I (Annex III);

4. Guidelines for Implementing Article 6 of Annex I (Annex IV)

5. Procedures for Issuance and Verification of Certificates of Origin (C/O) (Annex V);

6. Model Certificate of Origin AK (referred to in this Circular as C/O model AK) (Annex VI-A);

7. Supplementary Declaration Form for Certificate of Origin (C/O) (Annex VI-B);

8. Guidelines for Filing Certificate of Origin (C/O) (Annex VII); and

9. List of Organizations Issuing Certificates of Origin (C/O) (Annex VIII).

Article 2. Procedures for Issuance and Verification of Certificate of Origin (C/O) model AK

In addition to the procedures for issuance and verification of C/O specified in Annex V issued together with this Circular, the procedures for issuance of C/O model AK of Vietnam shall be implemented in accordance with Circular No. 06/2011/TT-BCT dated March 21, 2011 of the Ministry of Industry and Trade on procedures for issuance of Preferential Certificate of Origin and Circular No. 01/2013/TT-BCT dated January 3, 2013 of the Ministry of Industry and Trade amending and supplementing Circular No. 06/2011/TT-BCT dated March 21, 2011 mentioned above.

Article 3. Implementation Provisions

1. This Circular takes effect from July 1, 2014.

2. This Circular replaces the following legal normative documents:

a) Decision No. 02/2007/QĐ-BTM dated January 8, 2007 of the Ministry of Trade (now the Ministry of Industry and Trade) promulgating the Regulation on Issuance of Certificate of Origin AK Model to Enjoy Preferential Treatment under the Goods Trade Agreement within the Framework of the Comprehensive Economic Partnership Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea;

b) Decision No. 005/2007/QĐ-BCT dated October 5, 2007 of the Ministry of Industry and Trade amending and supplementing Decision No. 02/2007/QĐ-BTM mentioned above;

c) Circular No. 17/2009/TT-BCT dated June 29, 2009 of the Ministry of Industry and Trade amending Decision No. 02/2007/QĐ-BTM mentioned above;

d) Circular No. 38/2009/TT-BCT dated December 18, 2009 of the Ministry of Industry and Trade implementing Specific Product Rules according to the Harmonized System Version 2007 in the Rules of Origin of the ASEAN-Korea Free Trade Agreement Goods Trade Agreement.

DEPUTY MINISTER
DEPUTY MINISTER

Tran Tuan Anh