Circular No. 41/2022/TT-BCT amends and supplements certain Articles of Circular No. 11/2020/TT-BCT dated June 15, 2020, issued by the Minister of Industry and Trade, concerning Rules on Origin of Goods under the Free Trade Agreement between Vietnam and the European Union.

 CIRCULAR

Provincial People's Committees set specific pricesAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 11/2020/TT-BCT DATED JUNE 15, 2020 ISSUED BY THE MINISTER OF INDUSTRY AND TRADE ON RULES OF ORIGIN FOR GOODS IN THE VIETNAM-EUROPEAN UNION FREE TRADE AGREEMENT

BASED ON THE LAW ON ENACTMENT OF LEGAL DOCUMENTS;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE LAW ON ENACTMENT OF LEGAL DOCUMENTS;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;

BASED ON DECREE NO. 154/2020/NĐ-CP DATED DECEMBER 31, 2020 OF THE GOVERNMENT AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 34/2016/NĐ-CP DATED MAY 14, 2016 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON ENACTMENT OF LEGAL DOCUMENTS, WHICH SHALL TAKE EFFECT FROM JANUARY 1, 2021;

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to 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;

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

THE MINISTER OF INDUSTRY AND TRADE ISSUES THIS CIRCULAR TO AMEND AND SUPPLEMENT CERTAIN PROVISIONS OF CIRCULAR NO. 11/2020/TT-BCT DATED JUNE 15, 2020 ISSUED BY THE MINISTER OF INDUSTRY AND TRADE ON RULES OF ORIGIN FOR GOODS IN THE VIETNAM-EUROPEAN UNION FREE TRADE AGREEMENT (HEREINAFTER REFERRED TO AS CIRCULAR NO. 11/2020/TT-BCT).

ARTICLE 1. AMENDING, REPLACING, AND ABOLISHING CERTAIN WORDS AND PHRASES IN ANNEX II AT POINT b CLAUSE 1 ARTICLE 4 OF CIRCULAR NO. 11/2020/TT-BCT

1. REPLACE THE PHRASE "OR DRAWN INTO ARTIFICIAL FILAMENT THREAD" with the phrase "OR EXTRUDED INTO ARTIFICIAL FILAMENT THREAD" IN COLUMN 3 - PROCESSING OR MANUFACTURING STAGE OF HS CODES 5309 TO 5311.

2. ABOLISH FOOTNOTE NUMBER 3 IN COLUMN 3 - PROCESSING OR MANUFACTURING STAGE OF HS CODE 5907 AS FOLLOWS: "WEAVING THEN DYED OR COATED WITH FIBER WASTE... PROVIDED THAT THE VALUE OF THE UNPRINTED FABRIC USED DOES NOT EXCEED 47.5% OF THE FACTORY PRICE OF THE PRODUCT".

3. ADD FOOTNOTE NUMBER 5 IN COLUMN 3 - PROCESSING OR MANUFACTURING STAGE OF HS CODES 6213 AND 6214 DESCRIBING THE GOODS "- EMBROIDERED; AND" as follows: "... PRODUCED FROM UNEMBROIDERED FABRIC, PROVIDED THAT THE VALUE OF THE UNEMBROIDERED FABRIC USED DOES NOT EXCEED 40% OF THE FACTORY PRICE OF THE PRODUCT:5 OR..."

4. REPLACE THE PHRASE "…PEN POINTS AND BALLPOINT PEN POINTS IN THE SAME SUB-SECTION AS THE PRODUCTS MAY BE USED" with the phrase "...PEN POINTS AND BALLPOINT PEN POINTS IN THE SAME SECTION AS THE PRODUCTS MAY BE USED" IN COLUMN 3 - PROCESSING OR MANUFACTURING STAGE OF HS CODE 9608.

Article 2. Implementation clause

1. This Circular takes effect from February 20, 2023.

2. ABOLISH DECISION NO. 1949/QĐ-BCT DATED JULY 24, 2020 OF THE MINISTER OF INDUSTRY AND TRADE CORRECTING CIRCULAR NO. 11/2020/TT-BCT./.