Circular No. 42/2014/TT-BCT amends and supplements certain provisions of Circular No. 21/2010/TT-BCT dated May 17, 2010, issued by the Minister of Industry and Trade to implement the Rules of Origin under the ASEAN Trade in Goods Agreement.

CIRCULAR

Provincial People's Committees set specific pricesTo amend and supplement some articles of Circular No. 21/2010/TT-BCT dated May 17, 2010, issued by the Minister of Industry and Trade to implement the Rules of Origin in the ASEAN Trade in Goods Agreement.

Pursuant to the ASEAN Trade in Goods Agreement signed on February 26, 2009, at the 14th Summit in Cha-am, Thailand, among the member states of the Association of Southeast Asian Nations;

Pursuant to the Decision of the 27th Joint Meeting of ASEAN Economic Ministers and ASEAN Free Trade Area Council held on August 19, 2013, in Bandar Seri Begawan, Brunei Darussalam;

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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 the Decision of the 28th Joint Meeting of ASEAN Economic Ministers and ASEAN Free Trade Area Council held on August 25, 2014, in Nay Pyi Taw, Myanmar;

The Minister of Industry and Trade hereby issues this Circular to amend and supplement some articles of Circular No. 21/2010/TT-BCT dated May 17, 2010, issued by the Minister of Industry and Trade to implement the Rules of Origin in the ASEAN Trade in Goods Agreement (hereinafter referred to as Circular No. 21/2010/TT-BCT).

Article 1. Amend and supplement some articles of Circular No. 21/2010/TT-BCT as follows:

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;

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

1. Repeal Appendix 2 Specific Product Rules issued together with Circular No. 21/2010/TT-BCT and replace it with Appendix I issued together with this Circular.

2. Repeal Appendix 3 Basic Transformation Criteria for Textile Products issued together with Circular No. 21/2010/TT-BCT and replace it with Appendix II issued together with this Circular.

3. Amend and supplement some articles of Appendix 7 Procedures for Issuing and Checking Certificates of Origin (C/O) issued together with Circular No. 21/2010/TT-BCT as follows:

a) Amend and supplement Clause 1, Article 10 as follows:

"1. The C/O shall be issued before or at the time of export or shortly thereafter, if, according to the rules of origin specified in Appendix 1, the exported goods are determined to have origin from the territory of the Exporting Member State."

b) Amend and supplement Clause 1, Article 13 as follows:

"1. In order to enjoy preferential tariff treatment, at the time of import declaration procedures, the Importer must submit to the customs authority of the Importing Member State the declaration form, C/O, along with supporting documents (such as commercial invoices, and through bills of lading issued on the territory of the Exporting Member State in case the goods are transported through the territory of one or more non-Member States as provided for in Article 21 of Appendix 1) and other documents as prescribed by the laws of the Importing Member State."

c) Add Article 24 as follows:

Article 24. FOB Value

C/O Form D and C/O Form D Back-to-Back shall only record the FOB value when using the RVC criterion calculated according to the formula specified in Article 5 of Appendix 1 to determine the origin of the goods.

“However, in the case of C/O Form D and C/O Form D Back-to-Back issued to and issued from Cambodia and Myanmar, the FOB value will still be recorded for all origin criteria during the period from April 1, 2014 to March 31, 2016."

4. Repeal Appendix 8 Model C/O Form D issued together with Circular No. 21/2010/TT-BCT and replace it with Appendix III issued together with this Circular.

5. Amend Item 10, Appendix 9 Guidelines for Filing C/O issued together with Circular No. 21/2010/TT-BCT as follows:

"10. Box 9: Gross weight of the goods (or other quantity) and FOB value in case the RVC criterion is used to determine the origin of the goods. However, in the case of C/O issued to and issued from Cambodia and Myanmar, the FOB value will still be recorded for all origin criteria during the period from April 1, 2014 to March 31, 2016."

6. Repeal Appendix 13 List of Organizations Issuing C/O issued together with Circular No. 21/2010/TT-BCT and replace it with Appendix IV issued together with this Circular.

1. This Circular takes effect from January 2, 2015.

2. This Circular abolishes Circular No. 24/2012/TT-BCT dated September 17, 2012, issued by the Minister of Industry and Trade amending and supplementing Circular No. 21/2010/TT-BCT dated May 17, 2010, issued by the Minister of Industry and Trade to implement the Rules of Origin in the ASEAN Trade in Goods Agreement./.

Article 2. Effective Date

1. This Circular takes effect from January 2, 2015.

2. This Circular abolishes Circular No. 24/2012/TT-BCT dated September 17, 2012, issued by the Minister of Industry and Trade to amend and supplement Circular No. 21/2012/TT-BCT dated May 17, 2010, issued by the Minister of Industry and Trade, implementing the Rules of Origin in the ASEAN Trade in Goods Agreement./.