Consolidated Document number 25/VBHN-BCT Implementing Rules for the Rules of Origin of Goods under the ASEAN Trade in Goods Agreement

CIRCULAR

IMPLEMENTATION OF RULES OF ORIGIN FOR GOODS IN THE ASEAN TRADE IN GOODS AGREEMENT

Circular No. 22/2016/TT-BCT dated October 3, 2016, issued by the Minister of Industry and Trade to implement the Rules of Origin for Goods under the ASEAN Trade in Goods Agreement, which took effect on November 15, 2016, has been amended and supplemented by:

Circular No. 10/2019/TT-BCT dated July 22, 2019, issued by the Minister of Industry and Trade to amend and supplement Circular No. 22/2016/TT-BCT dated October 3, 2016, issued by the Minister of Industry and Trade to implement the Rules of Origin for Goods under the ASEAN Trade in Goods Agreement, which took effect on September 5, 2019.

Circular No. 25/2019/TT-BCT dated November 14, 2019, issued by the Minister of Industry and Trade to amend and supplement certain provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016, issued by the Minister of Industry and Trade to implement the Rules of Origin for Goods under the ASEAN Trade in Goods Agreement, which took effect on January 1, 2020.

Decree No. 95/2012/NĐ-CP dated 12 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;1 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;12 of the Government stipulating 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 Trade regarding origin of goods;

Implementing the Agreement Ttrade in goods issued ASEAN signed on February 26, 2009 at the 14th Summit Conference in Cha-am, Thailand between member states of the Association of Southeast Asian Nations;

Implementing the Protocol on the Legal Framework for Implementation of the ASEAN Single Window Mechanism signed in Hanoi, Vietnam on September 4, 2015;

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

Minister of The Government issues this Decree promulgating the Circular on implementation of rules of origin for goods in the Agreement ASEAN Trade in Goods Agreement[1].

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement (hereinafter referred to as ATIGA).

2. This Circular applies to agencies, organizations, and individuals participating in activities related to the origin of goods under the ATIGA Agreement.

Article 2. Rules of Origin

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

1. Rules of Origin (Appendix I).

2. Specific Product Rules (Appendix I) [2]).

3. Basic Transformation Criteria for Textile Products (Appendix II) [3]).

4. List of Information Technology Products (ITA) (Appendix [4]).

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

1. [5] The procedures for issuance and verification of C/O shall be carried out in accordance with the provisions of 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 and Annex VII attached to Circular No. 22/2016/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 under this mechanism must comply with the Rules of Origin for Goods stipulated in this Circular.

Article 4. Effective date

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

2. This Circular revokes Tcircular No. 21/2010/TT-BCT dated May 17, 2010 of Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Industry and Trade implements rules of origin in the Ttrade in goods ASEAN and Circular No. 42/2014/TT-BCT dated November 18, 2014 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 21/2010/TT-BCT ./.