Circular No. 22/2016/TT-BCT on the implementation of Rules of Origin for Goods under the ASEAN Trade in Goods Agreement

PART LEGAL REGULATIONS TEXT

MINISTRY OF INDUSTRY AND TRADE

CIRCULAR
Implementing the Rules of Origin for Goods in
the ASEAN Trade in Goods Agreement

________________________

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 Decree No. 19/2006/NĐ-CP dated February 20, 2006 of the Government detailing the Law on Commerce regarding the origin of goods; Implementing the ASEAN Trade in Goods Agreement signed on February 26, 2009

at the 14th Summit Conference in Cha-am, Thailand among the member countries of the Association of Southeast Asian Nations; Implementing the Protocol on the Legal Framework for the Implementation of the ASEAN Single Window Mechanism

signed in Hanoi, Vietnam on September 4, 2015; The Minister of Industry and Trade issues this Circular implementing the Rules of Origin for Goods in the ASEAN Trade in Goods Agreement.

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

Article 1. This Circular stipulates the implementation of the Rules of Origin for Goods in the ASEAN Trade in Goods Agreement (hereinafter referred to as ATIGA).Article 2. This Circular applies to agencies, organizations, and individuals participating in activities related to the origin of goods under the ATIGA Agreement.

Article 1. Scope of Regulation and Applicability

Attached to this Circular are the following Appendices to guide the implementation of Chapter 3 of the Rules of Origin and Procedures for Issuing and Checking Certificates of Origin (C/O) in the ATIGA Agreement:

2. Specific Product Rules (Appendix II).

Article 2. Rules of Origin

3. Basic Transformation Criteria for Textile Products (Appendix III).

1. Rules of Origin (Appendix I).

4. List of Information Technology (ITA) Products (Appendix IV).

1. Procedures for issuing and checking Certificates of Origin shall be carried out in accordance with the provisions set forth in Appendix VII attached hereto and Circular No. 06/2011/TT-BCT dated March 21, 2011 of the Minister of Industry and Trade on procedures for issuing Preferential Export Certificate of Origin and Circular No. 01/2013/TT-BCT dated January 3, 2013 of the Minister of Industry and Trade amending and supplementing Circular No. 06/2011/TT-BCT.

2. The pilot self-certification mechanism for the origin of goods under the ATIGA Agreement shall be implemented in accordance with the current regulations of the Ministry of Industry and Trade. Goods declared by traders under this mechanism must comply with the Rules of Origin for Goods stipulated in this Circular.

5. Principles and Guidelines for Calculating Regional Value Content (Appendix V).

6. Guidelines on Partial Accumulation (Appendix VI).

7. Issuance and Verification of C/O (Annex VII).

8. Model C/O Form D (Annex VIII).

9. Guidelines for Filing C/O (Annex IX).

10. List of Organizations Issuing C/O (Annex X).

Article 3. Procedures for Issuance, Verification of C/O and Self-Certification of Origin of Goods

2. This Circular abolishes Circular No. 21/2010/TT-BCT dated May 17, 2010 of the Minister of Industry and Trade implementing the Rules of Origin in the ASEAN Trade in Goods Agreement and Circular No. 42/2014/TT-BCT dated November 18, 2014 of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 21/2010/TT-BCT./.

                                                                                                  MINISTER

Article 4. Effective date

1. This Circular takes effect from November 15, 2016.

                                                                                                 Tran Tuan Anh

                                                                                                MINISTER
                                                                                                  TRAN Tuan Anh