Circular number 46/VBHN-BCT stipulates the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area. This Circular has been amended and supplemented by other Circulars from 2018 to 2020.
适用范围
Authorities and organizations issuing certificates of origin and customs offices shall implement the Rules of Origin according to the ASEAN-Australia-New Zealand Agreement.
要点
- Enact provisions on Rules of Origin, including General Rules and Specific Rules for each product.
- Adjustments related to the functions and responsibilities of the Ministry of Industry and Trade and the implementation of the ASEAN-Australia-New Zealand Agreement.
- Effective from October 1, 2015, following amendments and supplements.
- Based on legal documents such as Decree number 98/2017/ND-CP and Decree number 31/2018/ND-CP.
- The main purpose of this Circular is to ensure consistent and transparent implementation of Rules of Origin within the ASEAN-Australia-New Zealand Free Trade Area.
🌐 本文件的社会影响
- Strengthen economic relations among member countries of the Agreement.
- Assist enterprises in understanding and complying with regulations on the origin of goods when participating in the free trade area market.
- Improve the investment environment, attracting more direct investment from ASEAN-Australia-New Zealand countries.
❓ 常见问题
Which agency issued Circular number 46/VBHN-BCT?
This Circular was issued by the Ministry of Industry and Trade of Vietnam.
What Circulars amend and supplement Circular number 46/VBHN-BCT?
There are Circulars such as number 42/2018/TT-BCT and number 07/2020/TT-BCT.
When does this Circular take effect?
This Circular takes effect from October 1, 2015, following amendments and supplements.
全文
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| SOCIALIST REPUBLIC OF VIET NAM
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CIRCULAR
Regulations on implementing the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area
Circular No. 31/2015/TT-BCT dated September 24, 2015, issued by the Minister of Industry and Trade, stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, effective from October 1, 2015, has been amended and supplemented by:
1. Circular No. 42/2018/TT-BCT dated November 12, 2018, issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circular No. 31/2015/TT-BCT dated September 24, 2015, of the Ministry of Industry and Trade stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, effective from January 1, 2019.
2. Circular No. 07/2020/TT-BCT dated March 30, 2020, issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circular No. 31/2015/TT-BCT dated September 24, 2015, of the Ministry of Industry and Trade stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, effective from October 1, 2015.
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 Decree No. 19/2006/NĐ-CP dated February 20, 2006, promulgated by the Government detailing the Law on Commerce regarding the origin of goods;
Implementing the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on February 27, 2009, at the 14th Summit Conference in Thailand between the member countries of the Association of Southeast Asian Nations and Australia and New Zealand;
Implementing the First Protocol Amending the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on August 26, 2014, within the framework of the 46th ASEAN Economic Ministers Meeting in Myanmar;
At the proposal of the Director of the Import-Export Department,
The Minister of Industry and Trade issues this Circular stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area.[1]
Article 1. Attached herewith are
1. Rules of Origin (Appendix I).
2. Specific Product Rules (Annex II[2]).
3. Procedures for Issuing and Checking Certificates of Origin (referred to as C/O in this Circular) (Annex III).
4. Minimum Information Required for C/O (Annex IV).
5. Model Certificate of Origin AANZ (referred to as C/O model AANZ in this Circular) (Annex V-A).
6. Supplementary Declaration Form for C/O (Annex V-B).
7. Exporter's Declaration of FOB Value (Annex V-C).
8. Guidelines for Filling Out C/O (Annex VI).
9. Application for Issuance of C/O (Annex VII).
10. List of Organizations Issuing C/O (Annex VIII).
Article 2. Procedures for Issuing and Checking Certificates of Origin Model AANZ[3]
The procedures for issuing and checking the C/O model AANZ of Vietnam shall be carried out in accordance with the provisions set forth in:
Article 2. Replace Appendix II - Specific Rules for Goods issued together with Circular No. 31/2015/TT-BCT
2. Decree No. 31/2018/ND-CP dated March 8, 2018, of the Government detailing the Law on Management of Foreign Trade regarding origin of goods, and Circular No. 05/2018/TT-BCT dated April 3, 2018, of the Ministry of Industry and Trade stipulating the origin of goods. 1. This Circular takes effect from October 1, 2015.
Article 3. Implementation organization and enforcement provisions[4]&[5]
2. This Circular replaces Circular No. 33/2009/TT-BCT dated November 11, 2009, of the Ministry of Industry and Trade implementing the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area.
3. Any guidance and uniform understanding related to the implementation of the Chapter on Rules of Origin in the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) agreed upon by the Member States through rotational consensus or consensus reported in the enforcement meetings of the Sub-Committee on Rules of Origin (SC-ROO), the Goods Committee (CTG), and the Joint Committee (FJC) under the framework of enforcing the AANZFTA shall serve as the basis for the issuing organizations and customs authorities to implement.
4. The contents mentioned in Clause 3 of this Article shall be notified to the issuing organizations and customs authorities through the lead agency implementing the AANZFTA pursuant to Article 3 of Resolution No. 28/NQ-CP dated April 22, 2015, of the Government approving the First Protocol Amending the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area./.
Number: 46/VBHN-BCT
| MINISTRY OF INDUSTRY AND TRADE - Ministry of Justice
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENT
Implementing the Agreement
THE MINISTER |
[1] Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on February 27, 2009, at the 14th Summit Conference in Thailand between the member countries
“Pursuant to Decree No. 9/2016/NĐ-CP dated July 1, 2016 of the Government detailing and guiding the implementation of certain provisions of the Statistics Law;8/2017/NĐ-CP dated January 18 the 8 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 /NĐ-CP dated March
Decree No. 31/2018/NĐ-CP dated 08 the 3 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;18 of the Government detailing the Law on Foreign Trade Management on the origin of goods; về xuất xứ hàng hóa; ||
of the Association of Southeast Asian Nations and Australia and New Zealand Implementing the First Protocol Amending the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on August 26, 2014, within the framework of the 46th ASEAN Economic Ministers Meeting in Myanmar; Implementing the Report of the;
10th
Meeting of the Joint Committee Implementing the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area from the date to the date concerning the adoption 04 of amendments to Annex 08 the 4 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).8 in Da Nang Specific Product Rules under Chapter 2 - Rules of Origin within the framework of the Agreement The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circular No. 3 - 31/2015/TT-BCT to the date;
At the proposal of the Director of the Import-Export Department,
dated September 24, 2015, of the Ministry of Industry and Trade stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (hereinafter referred to as Circular No. 31/2015/TT-BCT).”Circular No. 07/2020/TT-BCT amending and supplementing certain articles of Circular No. 31/2015/TT-BCT dated September 24, 2015, of the Ministry of Industry and Trade stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area is based on the following grounds:"Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
31/2018/NĐ-CP-dated March 8, 2018, of the Government stipulating detailed regulations of the Law on Management of Foreign Trade regarding origin of goods;
Implementing the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on February 27, 2009, at the 14th Summit Conference in Thailand between the member countries of the Association of Southeast Asian Nations and Australia and New Zealand;
Pursuant to Decree No.31/2018/NĐ-CPngày 08 tháng 3 năm 2018 của Chính phủ quy định chi tiết Luật Quản lý ngoại thương về xuất xứ hàng hóa;
Thực hiện Hiệp định Thành lập khu vực thương mại tự do ASEAN - Úc - Niu Di-lân ký ngày 27 tháng 02 năm 2009 tại Hội nghị cấp cao lần thứ 14, tại Thái Lan giữa các nước thành viên Hiệp hội các quốc gia Đông Nam Á với Úc và Niu Di-lân;
Implementing the First Protocol Amending the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area signed on August 26, 2014, within the framework of the 46th Meeting of ASEAN Economic Ministers in Myanmar;
At the proposal of the Director of the Department of Import-Export;
The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circular No.Circular No. 07/2020/TT-BCT amending and supplementing certain articles of Circular No. 31/2015/TT-BCT dated September 24, 2015, of the Ministry of Industry and Trade stipulating the implementation of the Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area is based on the following grounds:dated September 24, 2015, issued by the Ministry of Industry and Trade, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (hereinafter referred to as Circular No. 31/2015/TT-BCT).
[2] Appendix this is replaced by Appendix as provided for in Clause 2, Article 1 of Circular No. 42/2018/TT-BCT amending and supplementing certain provisions of Circular No. 31/2015/TT-BCT dated September 24, 2015, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which takes effect from January 1, 2019.
[3] This provision is amended and supplemented as provided for in Clause 1, Article 1 of Circular No. 42/2018/TT-BCT amending and supplementing certain provisions of Circular No. 31/2015/TT-BCT dated September 24, 2015, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which takes effect from January 1, 2019.
[4] This provision is amended and supplemented as provided for in Clause 1, Article 1 of Circular No. 07/2020/TT-BCT amending and supplementing certain provisions of Circular No. 31/2015/TT-BCT dated September 24, 2015, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which takes effect from October 1, 2015.
[5] Article 2 of Circular No. 42/2018/TT-BCT amending and supplementing certain provisions of Circular No. 31/2015/TT-BCT dated September 24, 2015, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which takes effect from January 1, 2019, is hereby stipulated as follows:
“Article 2. Effective Date
This Circular takes effect from January 1, 2019./
Article 2 of Circular No. 07/2020/TT-BCT amending and supplementing certain provisions of Circular No. 31/2015/TT-BCT dated September 24, 2015, stipulating the implementation of Rules of Origin under the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which takes effect from October 1, 2015, is hereby stipulated as follows:
“Article 2. Effective Date
This Circular takes effect from October 1, 2015./.”
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