Decision No. 2368/2005/QĐ-BTM On Amending and Supplementing the Regulation on Issuing Certificate of Origin Model S for Goods of Vietnam to Enjoy Preferential Tariff Treatment under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

Pursuant to …;

Regarding the amendment and supplementation of the Regulations on Issuing the Vietnam Origin Certificate Model S for Goods to Enjoy Preferential Tariffs under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Governmentof the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

THE MINISTER OF TRADE

On the basis of Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to the Memorandum of Understanding signed on July 28, 2005, between the Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of Trade of the Lao People's Democratic Republic concerning goods eligible for preferential import tariff rates;

Implementing the Prime Minister's directive in Circular No. 4672/VPCP-QHQT dated August 19, 2005, of the Office of the Government approving the Agreement with the Lao Ministry of Trade on goods from Vietnam and Laos eligible for preferential import tariff rates;

At the proposal of the Director of the Import-Export Department and the Director of the Asia-Pacific Department,

DECISION:

Article 1. Supplementing Clause (d) Rule 4 "Non-Pure Products" of Appendix 1 of the Regulations on Issuing the Vietnam Origin Certificate Model S for Goods to Enjoy Preferential Tariffs under the Agreement on Economic, Cultural, Scientific and Technological Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic issued together with Decision No. 0865/2004/QĐ-BTM dated June 29, 2004 of the Minister of Trade as follows:

(d) Within the scope of Rule 2(b), specific goods and quantities listed in Appendix 3 "List and Quantities of Lao Goods Temporarily Adjusted Under Rule 4 of Appendix 1 of the Regulations Issued Together with Decision No. 0865/2004/QĐ-BTM dated June 18, 2004 of the Vietnamese Ministry of Trade, valid until December 31, 2010" attached to the Memorandum of Understanding signed on July 28, 2005, between the Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of Trade of the Lao People's Democratic Republic on goods eligible for preferential import tariff rates (annexed) shall be considered as having origin from the Lao People's Democratic Republic if:

(i) Not less than 30% of the product content originates from either Party; or

(ii) If the total value of raw materials, parts, or products originating from outside the territory of one Party does not exceed 70% of the value of the product calculated at FOB price produced or obtained provided that the final process of production is carried out within the territory of that Party.

(iii) Within the scope of this Agreement, the origin criteria set forth in Rule 4(d)(ii) shall be referred to as "Vietnam-Laos Content". The calculation formula for 30% Vietnam-Laos Content is as follows:

Therefore, Vietnam-Laos Content = 100% - non-Vietnam-Laos raw materials = at least 30%.

Article 2. Amending Article 1 "Guidelines for Filling Out Certificate Model S", Appendix 3 "Guidelines for Implementing the Regulations on Issuing the Vietnam Origin Certificate Model S for Goods to Enjoy Preferential Tariffs under the Vietnam-Laos Agreement" as follows:

- Box number 4: Enter the import tariff rate of the importing country (Lao PDR) into box number 4 of the Vietnam Origin Certificate Model S according to the following format:

"Tariff rate: ...%"

After the import of goods, the maritime authority at the port or place of import shall mark appropriately before returning it to the issuing authority that issued the Vietnam Origin Certificate Model S.

Article 3. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 4. The Director of the Import-Export Department, Directors, Heads of relevant units under the Ministry of Trade, related organizations, and individuals are responsible for implementing this decision./.