Circular No. 36/2010/TT-BCT abolishes and replaces the rules of origin for goods under the ASEAN-China Trade in Goods Agreement, effective from 2011. The current Form E certificates of origin will continue to be used until June 2011.
适用范围
Enterprises producing and trading goods belonging to the Association of Southeast Asian Nations and the People's Republic of China, customs authorities.
要点
- Abolish Appendix II - Specific Product Rules (SPR) issued together with Decision No. 12/2007/QĐ-BTM and replace it with Appendix 1 of this Circular.
- Abolish Appendix III - Issuance and Verification Procedures for Form E Certificates of Origin issued together with Decision No. 12/2007/QĐ-BTM and replace it with Appendix 2 of this Circular.
- Apply the new Form E Certificate of Origin specified in Appendix 3 from January 1, 2011. The current Form E Certificates of Origin applied according to Decision No. 12/2007/QĐ-BTM will continue to be used until June 30, 2011.
- Form E Certificates of Origin issued according to Decision No. 12/2007/QĐ-BTM from July 1, 2011 onwards will not be valid and will not enjoy preferential treatment.
- This Circular takes effect from January 1, 2011.
🌐 本文件的社会影响
- Enterprises must comply with the new rules, affecting the export of goods and the utilization of tariff preferences.
- Customs authorities need to adjust the issuance and verification procedures for certificates of origin according to the new guidelines.
❓ 常见问题
When does this Circular take effect?
This Circular takes effect from January 1, 2011.
Until when will the current Form E certificates of origin continue to be used?
Current Form E Certificates of Origin applied according to Decision No. 12/2007/QĐ-BTM will continue to be used until June 30, 2011.
Will Form E certificates of origin issued after July 1, 2011 be valid?
No, Form E Certificates of Origin issued according to Decision No. 12/2007/QĐ-BTM from July 1, 2011 onwards will not be valid and will not enjoy preferential treatment.
Are there changes to the rules of origin for goods?
Yes, this Circular abolishes the Specific Product Rules (SPR) issued together with Decision No. 12/2007/QĐ-BTM and applies the new Form E Certificate of Origin.
Is there detailed guidance on how to declare Form E certificates of origin?
Yes, this guidance is provided in Appendix 4 of this Circular.
全文
CIRCULAR
Implementing the Revised Rules of Procedure for Issuing and Checking Origin and Specific Product Rules under the Harmonized System Version 2007 in the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China
in the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China
Cognizant of Decree No. 189/2007/NĐ-CP dated February 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Cognizant of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China, signed officially in Laos on November 29, 2004;
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Cognizant of the Protocol Amending the Rules of Procedure for Issuing and Checking Origin in the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China, signed on October 29, 2010 in Hanoi, Vietnam;
The Minister of Industry and Trade promulgates the Revised Rules of Procedure for Issuing and Checking Origin and Specific Product Rules under the Harmonized System Version 2007 in the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China as follows:
Article 1. Content of Repeal, Replacement, and Application
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;
1. Repealing Appendix II - Specific Product Rules (SPR) issued together with Decision No. 12/2007/QĐ-BTM dated May 31, 2007 of the Minister of Commerce (now the Ministry of Industry and Trade) on the issuance of Regulations on Issuing Certificates of Origin Form E to enjoy preferential treatment under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China (hereinafter referred to as Decision No. 12/2007/QĐ-BTM), and replacing it with Appendix 1 of this Circular.
2. Repealing Appendix III - Procedures for Issuing and Checking Certificate of Origin Form E issued together with Decision No. 12/2007/QĐ-BTM, and replacing it with Appendix 2 of this Circular.
3. Applying the new Certificate of Origin Form E mentioned in Appendix 3 from January 1, 2011. The new Certificate of Origin Form E will be filled out according to the instructions in Appendix 4. The existing Certificate of Origin Form E currently in use pursuant to Decision No. 12/2007/QĐ-BTM will continue to be used until June 30, 2011.
4. Any Certificate of Origin Form E issued and put into effect from July 1, 2011 onwards pursuant to Decision No. 12/2007/QĐ-BTM shall not be valid and shall not be entitled to preferential treatment under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China.
This Circular takes effect from January 1, 2011./.
4. The Certificates of Origin Model E currently being implemented pursuant to Decision No. 12/2007/QĐ-BTM issued from July 1, 2011 onwards shall be invalid and shall not be entitled to benefits under the Trade Agreement on Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China.
Article 2. Effective Date
This Circular takes effect from January 1, 2011./.
DEPUTY MINISTER
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