Circular No. 49/2025/TT-BCT stipulates the Rules of Origin for goods under the ASEAN-Korea Free Trade Agreement, which is part of the Comprehensive Economic Partnership Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea.

CIRCULAR

Regulations on Rules of Origin for Goods under
the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea
Based on Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended by Decree No. 109/2025/NĐ-CP dated May 20, 2025 stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;
Based on Decree No. 31/2018/NĐ-CP dated March 8, 2018 of the Government detailing the Law on Management of Foreign Trade regarding rules of origin for goods;

Implementing the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea signed in Kuala Lumpur, Malaysia on August 24, 2006;

The third Protocol amending the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

signed alternately on November 22, 2015 in Kuala Lumpur, Malaysia during the 27th ASEAN Summit, approved by the Government at Resolution No. 150/NQ-CP dated September 22, 2023The Minister of Industry and Trade issues this Circular to stipulate Rules of Origin for Goods under the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea.;

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

This Circular stipulates Rules of Origin for Goods under the Goods Trade Agreement within the Framework Agreement on Comprehensive Economic Cooperation between the Governments of the Member States of the Association of Southeast Asian Nations (ASEAN) and the Government of the Republic of Korea (South Korea) (hereinafter referred to as the Agreement). 2. Trader.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

3. Authorities, organizations, and individuals related to the origin of exported and imported goods.

Article 2. Applicability

This Circular applies to:

2. Business entities.

CIF

is the value of imported goods including freight and insurance charges up to the port or customs frontier of the importing country.

Article 3. Explanation of Terms

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1. is the value of goods delivered alongside ship, including transportation costs from the manufacturer to the port or final destination before the cargo-carrying vessel departs. Purely originating material or product

2. FOB is raw material or product with purely originating status or produced solely for use as raw material in subsequent production processes.

3. Goods Harmonized System

4. is the Harmonized System of Description and Coding of Goods defined in the International Convention on the Harmonized System of Description and Coding of Goods, including all current legal notes and those subsequently amended. Similar materials that can be substituted for each other

5. are materials of the same type and commercial quality, having identical physical and technical characteristics, and cannot be distinguished by visual inspection once incorporated into the finished product. Components, raw materials, parts, accessories, sub-assemblies

6. Raw Materials are parts, raw materials, components, accessories, sub-assemblies used in the production process.

7. Non-originating goods are products or materials that do not meet the rules of origin for goods as prescribed in this Circular.

8. Originating goods are products or materials that meet the rules of origin for goods as prescribed in this Circular.

9. Packaging and packing materials for transport are materials used to protect goods during transportation, different from packaging and packing materials used for retail sale.

10. Tariff preference is the reduction of import duties for originating goods reflected through the applicable rate of duty within the framework of the Agreement.

11. Specific product rule is a rule requiring materials to undergo a change in tariff classification or specific manufacturing process, or to meet regional value content requirements, or a combination of all these criteria.

12. Manufacturing Manufacturing process

13. includes cultivation, extraction, harvesting, breeding, propagation, extraction, gathering, collection, hunting, fishing, trapping, shooting, processing, producing, manufacturing, or assembling goods. Member State

14. is a Member State of ASEAN or South Korea. Third Country

15. is a country that is neither a Member State nor a Member State Importer or Exporter, thus the term "third countries" is understood accordingly. Access rights

16. as stipulated in Clause 6, Article 6 of this Circular are rights to access fishery resources of a coastal state arising from agreements or other arrangements between a Member State and that coastal state concluded at the government or authorized private organization level. International law

17. as stipulated in Clause 6, Article 6 of this Circular is international law widely accepted such as the United Nations Convention on the Law of the Sea. Chemical reaction

18. is a process (including biochemical processes) creating a molecule with a new structure by breaking intramolecular bonds and forming new intramolecular bonds, or changing the spatial arrangement of atoms in a molecule. AK Form Certificate of Origin (CO)

19. is the CO issued by the intermediate exporting Member State based on the AK Form CO already issued by the initial exporting Member State. Customs authority

20. is the competent authority responsible for enforcing customs regulations and laws relating to import, export, and transit of goods in a Member State, which are activities linked to customs duties, fees, and other taxes or prohibitions, restrictions, and controls on the movement of goods subject to customs checks along the border of each Member State's customs authority. Exporter

21. is an individual or legal entity established in the territory of a Member State where the goods are exported by that person. Importer

22. is an individual or legal entity established in the territory of a Member State where the goods are imported by that person. Manufacturer

23. is an individual or legal entity conducting production as stipulated in Clause 12 of this Article in the territory of a Member State. is the authority or organization authorized by the Exporting Member to issue the Certificate of Origin (C/O) and to notify its name, address, sample signature, stamp model, as well as to update such information when there are changes, to all other Member States.

24. Agricultural products and garden products are agricultural products and garden products grown on the territory of an Exporting Member State and shall be considered as originating from that Member State even if they are planted from seeds, tubers, roots, cuttings, grafts, or other parts of plants imported from the territory of a third country.

25. Products obtained from aquaculture are aquatic products on the territory of an Exporting Member State and shall be considered as originating from that Member State if they are raised from broodstock, such as salmon eggs, two-year-old salmon, small salmon, eel mirror, or common oyster eggs fed with initial feed like wheel worms or plankton.

Article 4. Certification and verification of origin of goods in Vietnam

1. The following Appendices are attached to this Circular:

a) Appendix I: Specific product rules.

b) Appendix II: Provisions for certain special goods applying Article 9 of this Circular.

c) Appendix III: Model AK Certificate of Origin.

d) Appendix IV: Supplementary Declaration Form for Model AK Certificate of Origin.

2. The issuing authorities or organizations of the Model AK Certificate of Origin in Vietnam are the Department of Import-Export (Ministry of Industry and Trade) and organizations assigned tasks by provincial or municipal People's Committees. Registration of signature samples and stamps and updating these samples by issuing authorities or organizations of the Model AK Certificate of Origin shall be carried out according to the guidelines of the Department of Import-Export (Ministry of Industry and Trade). The list of issuing authorities or organizations of the Model AK Certificate of Origin in Vietnam will be updated through the Ministry of Industry and Trade’s Electronic System for Management and Issuance of Certificates of Origin at the website www.ecosys.gov.vn.

3. The process of certification and verification of origin of goods shall be implemented in accordance with the provisions of Government Decree No. 31/2018/ND-CP dated March 8, 2018 detailing the Law on Foreign Trade Management regarding the origin of goods, relevant laws on the origin of goods, and the provisions of this Circular.

PART II

DETERMINATION OF THE ORIGIN OF GOODS

Article 5. Goods with origin

1. Goods imported into the territory of a Member State shall be considered as originating and eligible for preferential customs treatment if they meet one of the following origin criteria:

a) Purely originating or wholly produced in the territory of an Exporting Member State as stipulated in Article 6 of this Circular.

b) Not purely originating or not wholly produced in the territory of an Exporting Member State provided that the goods meet the requirements of Article 7, Article 8, Article 9, or Article 10 of this Circular.

2. Except as provided in Article 10 of this Circular, the criteria for goods to meet the origin rules as prescribed in this Circular must be continuously performed in the territory of the Exporting Member State.

Article 6. Goods with pure origin

According to point a, Clause 1 of Article 5 of this Circular, goods shall be considered as purely originating or wholly produced in the territory of a Member State in the following cases:

1. Plants and plant products harvested, picked, or gathered after planting in that Member State.

2. Live animals born and raised in that Member State.

3. Processed products from live animals referred to in Clause 2 of this Article.

4. Products obtained from hunting, trapping, fishing, aquaculture, gathering, or capturing in that Member State.

5. Minerals and other naturally occurring substances not listed in Clauses 1 to 4 of this Article extracted or mined from land, water, seabed, or subsoil of that Member State.

6. Seafood caught by vessels registered and permitted to fly the flag of that Member State and other marine products harvested by that Member State or individuals thereof from waters, seabed, or subsoil outside the territorial sea of that Member State, provided that the Member State has the right to exploit natural resources from those waters, seabed, and subsoil under international law.

7. Seafood and other marine products caught from the high seas by vessels registered and permitted to fly the flag of that Member State.

8. Products processed or manufactured directly on board processing vessels registered and permitted to fly the flag of that Member State from the products referred to in Clause 7 of this Article.

9. Space products harvested by that Member State or individuals thereof.

10. Items collected from that Member State but no longer having their original functions or unable to be repaired or restored except for being suitable for waste or partially recycled as raw materials or used for recycling purposes.

11. Waste and scrap obtained from production processes in that Member State or used products collected in that Member State only suitable for use as raw materials.

12. Goods obtained or produced in the territory of the Exporting Member State solely from the products mentioned in Clauses 1 to 11 of this Article.

Article 7. Goods with Non-Pure Origin

1. According to point b, Clause 1, Article 5 of this Circular, goods not covered by Article 8 of this Circular shall be considered as having origin if they achieve a Regional Value Content (hereinafter referred to as RVC) of at least 40% calculated based on the FOB value, or undergo a change in the fourth digit (hereinafter referred to as CT4) of the Harmonized System code.

2. The formula for calculating RVC is based on one of the following two methods:

a) Direct formula:

In which "VOM" is the value of input materials of origin, including the value of materials of origin, direct labor costs, directly allocated costs, transportation costs, and profit.

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b) Indirect formula:

In which "VNM" is the value of input materials without origin or undetermined origin, which may be:

b1) The CIF price at the time of importation of raw materials, parts, or goods; or

b2) The first purchase price of raw materials, parts, or goods without determined origin within the territory of the exporting Member State where the processing or manufacturing stages take place.

3. Exporters or manufacturers of the exporting Member State flexibly apply either the direct RVC calculation formula or the indirect RVC calculation formula as stipulated in Clause 2 of this Article. The selected RVC calculation formula must be consistently applied throughout one fiscal year of the exporter or manufacturer. In cases where the importing Member State conducts origin verification checks, any such checks on the RVC criterion must be carried out based on the RVC calculation formula used by the exporter or manufacturer of the exporting Member State.

Article 8. Specific Rules for Certain Goods

Goods specified in point b, Clause 1, Article 5 of this Circular shall be considered as having origin in the territory of the Member State where the processing or manufacturing stages of those goods are performed, provided that they meet the specific rules for certain goods set forth in Appendix I attached to this Circular.

Article 9. Provisions for Certain Special Goods

1. Special goods shall be considered as having origin even when produced, processed, or manufactured outside the territories of South Korea and ASEAN Member States (such as industrial zones) using materials exported from a Member State, and then re-imported back into that Member State.

2. The list of special goods of Vietnam, origin rules, certification procedures, and origin verification procedures for special goods as stipulated in Clause 1 of this Article are prescribed in Appendix II attached to this Circular.

Article 10. Accumulation

Goods originating in the territory of a Member State used as raw materials to produce goods eligible for preferential tariffs in the territory of another Member State shall be considered as having origin in the Member State where the final goods were produced or processed.

Article 11. Simple Processing and Manufacturing Operations

1. Simple describes activities that do not require special skills, machinery, production equipment specially installed to perform such activities.

2. Simple Mixing as specified in point m, Clause 4 of this Article describes activities that do not require special skills, machinery, production equipment specially installed to perform such activities. Simple mixing does not include chemical reactions.

3. Slaughtering as specified in point p, Clause 4 of this Article refers to the simple act of slaughtering animals and subsequent processes such as cutting, chilling, freezing, salting, drying, or smoking for preservation purposes during storage or transportation.

4. The following processing and manufacturing operations, when carried out separately or in combination in a Member State, are considered simple and the goods shall not be considered as having origin in the territory of that Member State:

a) Preservation operations aimed at ensuring that goods maintain good condition during transportation and storage.

b) Changing packaging, disassembling, and assembling consignments.

c) Simple cleaning, removing dust, oxides, oil, paint, or other surface coatings.

d) Painting and simple polishing operations.

đ) Milling to remove husks, initial or complete whitening, polishing, and milling of rice.

e) Coloring operations for sugar or forming sugar pieces.

g) Simple peeling, extracting seeds, or dehusking.

h) Simple sharpening, grinding, or cutting.

i) Sorting, screening, arranging, grading, or matching.

k) Simple bottling, canning, bagging, boxing, attaching labels or information boards, and other simple packaging operations.

l) Labeling, marking, printing logos, or similar marks on products or product packaging.

m) Simple mixing of products, whether of the same type or different types.

n) Simple assembly of product components to form a complete product or disassembly of a product into parts.

o) Simple inspection or testing.

p) Slaughtering animals.

5. Goods falling under Chapters 50 to 63 shall not be considered as having origin in the territory of a Member State even if they meet both the RVC criteria and the change in the fourth digit of the Harmonized System code if the following operations are carried out separately or in combination in that Member State:

a) Simple combining, labeling, straightening, washing, or dry cleaning operations, packaging operations, or any combination thereof.

b) Cutting vertically or horizontally, hemming, sewing, or overlocking that can easily be identified for specific commercial purposes.

c) Trimming (cutting), attaching accessories such as strings, belts, beads, hooks, buckles, or ornaments by sewing, hooking, joining, or sticking.

d) Bleaching, waterproofing, steaming, shrinking, alkali soaking (to brighten fabric), or similar finishing operations.

đ) Embroidery where the embroidered part constitutes less than 5% of the total area of the embroidered product or weighs less than 5% of the total weight of the embroidered product.

6. Goods originating in the territory of a Member State retain their original origin when exported from another Member State where simple processing or manufacturing operations as specified in Clauses 4 and 5 of this Article have been carried out.

Article 12. Direct Transport

1. Goods shall be eligible for preferential tariffs if they fully comply with the provisions of this Circular and must be directly transported from the territory of the Exporting Member State to the territory of the Importing Member State.

2. Goods transported through the territory of one or more intermediate third countries shall still be considered direct transport provided that:

a) Transit is necessary due to geographical reasons or transportation requirements.

b) The goods do not participate in any commercial transaction or consumption therein.

c) The goods do not undergo any additional processing or manufacturing steps other than unloading and reloading or necessary steps to maintain the goods in good condition.

Article 13. De Minimis Rate of Non-Originating Materials

1. Goods that do not meet the criteria for tariff classification change as stipulated in Articles 7 and 8 of this Circular shall still be considered originating if they satisfy other provisions of this Circular and fall under one of the following cases:

a) For goods not falling within Chapters 50 to 63 of the Harmonized System, the value of all non-originating materials not meeting the criteria for tariff classification change used to produce such goods does not exceed 10% of the FOB value of the goods;

b) For goods falling within Chapters 50 to 63 of the Harmonized System, the weight of all non-originating materials not meeting the criteria for tariff classification change used to produce such goods does not exceed 10% of the total weight of the goods.

2. The value of non-originating materials as prescribed in Clause 1 of this Article shall be considered the value of non-originating materials when applying the RVC formula.

Article 14. Packaging Materials and Packaging

1. In the case of packaging materials and packaging intended for retail sale:

a) The value of packaging materials and packaging shall be taken into account when determining the origin of goods subject to the RVC criterion as prescribed in Article 7 of this Circular, provided that such packaging materials and packaging are part of the goods.

b) When determining the origin of goods subject to the tariff classification change criterion, packaging materials and packaging classified together with the packaged goods shall not be considered as non-originating materials used in production.

2. In the case of packaging materials and packaging intended for transportation, such packaging materials and packaging shall not be taken into account when determining the origin of goods.

Article 15. Accessories, Spare Parts, and Tools

Accessories, spare parts, tools, and accompanying documentation or informational materials shall not be taken into account when determining the origin of goods, provided that they are classified and taxed together with the goods.

Article 16. Intermediate Inputs

When determining the origin of goods, it is not necessary to determine the origin of the following intermediate inputs used in the production process but do not constitute the goods:

a) Fuel and energy.

b) Tools, molds, and casting dies.

c) Spare parts and materials for maintaining equipment and facilities.

d) Lubricants, compounds, and other materials used in the production process or for operating equipment and facilities.

đ) Gloves, goggles, footwear, protective clothing, and labor protection supplies.

e) Equipment, machinery, and materials used for testing or inspecting goods.

g) Any other material not constituting the goods but whose use in the production process must be proven to be part of that process.

Article 17. Similar raw materials and substitutable raw materials

1. The determination of raw materials with origin and raw materials without origin in the form of blends or natural combinations and their use in production shall be carried out by applying widely accepted inventory management accounting principles on the territory of the Exporting Member State.

2. Once a particular inventory management accounting principle is decided to be applied, it must be used throughout the fiscal year of the exporter or producer.

CHAPTER III

CERTIFICATION AND INSPECTION OF ORIGIN

Article 18. Documents proving the origin of goods

To determine the origin of goods, the issuing authority has the right to request traders to present supporting documents or conduct inspections if deemed necessary according to the regulations and laws of the Member State.

Article 19. Pre-export inspection

The manufacturer or exporter of goods, or an authorized representative may submit an application to the issuing authority for a pre-export origin inspection of goods according to the regulations and laws of the Member State. The results of such inspections, whether conducted periodically or when necessary, will be accepted as supporting documents to determine the origin of exported goods later. Pre-export origin inspections are not required for goods whose origin can easily be determined through their nature.

Article 20. Submission of Application for Issuance of C/O

The manufacturer or exporter or an authorized representative must submit an application for issuance of C/O along with necessary documents proving that the goods intended for export meet the requirements for issuance of C/O according to the regulations and laws of the Member State.

Article 21. Inspection of Application for Issuance of C/O

1. The issuing authority conducts individual inspections of each application for issuance of C/O to ensure:

a) The C/O is fully declared and signed by an authorized person.

b) The origin of goods complies with the provisions of this Circular.

c) Other information declared on the C/O is consistent with the accompanying documents.

d) The description of goods, quantity and weight of goods, marks and number of packages, number and type of packages declared correspond to the exported goods.

2. Multiple items may be declared on the same C/O provided that each type of goods meets the corresponding rules of origin.

Article 22. AK Model C/O

1. To enjoy preferential customs treatment, goods must have an AK Model C/O issued by the issuing authority.

2. The AK Model C/O must satisfy the following conditions:

a) In paper form printed with signatures and seals issued either directly or electronically by the issuing authority of the Exporting Member State.

b) On A4 size paper.

c) Compliant with the model specified in Appendix III attached to this Circular.

d) Declared in English.

3. A set of AK Model C/O includes 01 (one) original (Original) and 02 (two) copies (Duplicate and Triplicate).

4. In cases where there is insufficient space to declare multiple items on one AK Model C/O, Member States may use a Supplementary Declaration Form C/O in accordance with the model specified in Appendix IV attached to this Circular. In addition to the Supplementary Declaration Form C/O, ASEAN Member States have the option to use the original AK Model C/O.

5. Each AK Model C/O has a unique reference number issued by the issuing authority. The AK Model C/O shows the FOB value at Box No. 9 on the C/O only when the RVC criterion is applied.

6. The original (Original) AK Model C/O is sent by the manufacturer or exporter to the importer for submission to the customs authority of the Importing Member State. The first copy (Duplicate) is retained by the issuing authority of the Exporting Member State. The second copy (Triplicate) is retained by the manufacturer or exporter.

7. In case of refusal of the AK Model C/O, the customs authority of the Importing Member State marks the corresponding section, clearly states the reasons for refusing preferential customs treatment at Box No. 4 on the C/O, and returns the original (Original) AK Model C/O to the issuing authority within two months.

8. In case the AK Model C/O is refused under Clause 7 of this Article, the customs authority of the Importing Member State may accept explanations from the issuing authority to consider granting preferential customs treatment. The explanation from the issuing authority must be detailed and address the issues raised by the Importing Member State.

Article 23. Handling Errors on AK Form C/O

Erasing, crossing out, or writing additional information on the AK Form C/O is not permitted. Any modifications must be made in one of the following ways:

1. Strike through the incorrect portion and supplement necessary information. These changes must be approved by the authorized person signing the AK Form C/O and confirmed by the issuing authority or organization. Blank spaces should be crossed out diagonally to prevent further entries.

2. Issue a new AK Form C/O to replace the erroneous one. The issuing authority or organization must clearly indicate the issuance date of the erroneous C/O on the new C/O.

Article 24. Issuance of AK Form C/O

1. The AK Form C/O shall be issued prior to or at the time of delivery, or no later than three working days from the date of delivery, when goods are considered to have origin in the territory of the Exporting Member State according to this Circular.

2. Upon request of the exporter, the issuing authority or organization of the Intermediate Member State shall issue a back-to-back AK Form C/O for goods being transported through its territory, provided that:

a) The exporter presents the original valid AK Form C/O.

b) The applicant for the back-to-back AK Form C/O must also be the importer in the Intermediate Member State.

c) The verification process of origin as stipulated in Article 31 of this Circular shall be applied.

3. In cases where the AK Form C/O is not issued prior to or at the time of delivery, or within three working days from the date of delivery due to unintentional errors, mistakes, or legitimate reasons, the AK Form C/O may still be issued retroactively within one year from the date of delivery and must bear the phrase "ISSUED RETROACTIVELY."

Article 25. Lost, Misplaced, or Damaged AK Form C/O

In case the AK Form C/O is lost, misplaced, or damaged, the manufacturer or exporter must submit a request to the issuing authority or organization to issue a certified true copy of the original AK Form C/O based on export documents retained by the issuing authority or organization. This certified true copy must bear the phrase "CERTIFIED TRUE COPY" in Box number 12 and the issuance date of the original AK Form C/O. It must be issued within one year from the date of issuance of the original AK Form C/O.

Article 26. Submission of AK Form C/O

To enjoy preferential customs treatment at the time of import procedures, the importer must submit to the customs authority of the Importing Member State a customs declaration, the AK Form C/O, proof documents (such as commercial invoices, through bills of lading issued in the territory of the Exporting Member State if required), and other documents as requested according to the regulations and laws of the Importing Member State.

Article 27. Time Limit for Submission and Validity of AK Form C/O

1. The AK Form C/O must be submitted to the customs authority of the Importing Member State within the following time limits:

a) Within twelve months from the date of issuance in the case of the AK Form C/O.

b) Within twelve months from the date of issuance of the first AK Form C/O in the case of a new AK Form C/O replacing an erroneous one as stipulated in Clause 2 of Article 23 of this Circular.

c) Within twelve months from the date of issuance of the original AK Form C/O in the case of a back-to-back AK Form C/O as stipulated in Clause 2 of Article 24 of this Circular.

2. If the AK Form C/O is submitted to the customs authority of the Importing Member State beyond the time limit specified in Clause 1 of this Article, it will still be accepted if non-compliance with the time limit is due to force majeure or other justifiable reasons beyond the control of the manufacturer or exporter.

3. The customs authority of the Importing Member State will accept the AK Form C/O provided that the goods are imported before the validity period of the C/O expires.

Article 28. Exemption from Submitting AK Form C/O

1. The AK Form C/O shall be exempted from submission in the following cases:

a) Goods originating from the territory of a Member State with a Free On Board (FOB) value not exceeding 200 (two hundred) US dollars.

b) Goods sent through postal services from the territory of a Member State with a FOB value not exceeding 200 (two hundred) US dollars.

2. In case the customs authority of the importing Member State determines that the importation constitutes a continuous series or intentionally divided consignment to avoid submitting the AK Form C/O, the imported goods shall not be subject to the provisions of Clause 1 of this Article.

Article 29. Handling Minor Differences

1. In cases where there is no doubt about the origin of the goods, minor discrepancies between the information declared on the AK Form C/O and the documents submitted to the customs authority of the importing Member State when processing import procedures shall not invalidate the AK Form C/O if such discrepancies correspond to the actual imported goods.

2. Where the AK Form C/O contains multiple items, any issues with one item shall not affect or hinder the preferential tariff treatment and clearance of other items. The handling of items with issues shall be carried out according to the provisions of Point c Clause 3 Article 31 of this Circular.

Article 30. Record Keeping

1. To serve the verification of the origin of goods as stipulated in Articles 31 and 32 of this Circular, the manufacturer or exporter shall retain the application files and documents for the AK Form C/O for at least three years from the date of issuance in accordance with the laws of the exporting Member State.

2. The importer shall retain the relevant import documents in accordance with the laws of the importing Member State.

3. The issuing agency or organization shall retain the application files and documents for the AK Form C/O for at least three years from the date of issuance.

4. Upon request of the importing Member State, information regarding the validity of the AK Form C/O shall be provided by the authorized signatory of the C/O and confirmed by a government agency or organization.

5. Any shared information among Member States shall be kept confidential and used solely for verifying the validity of the C/O.

Article 31. Post-Issuance Verification of AK Form C/O

1. The importing Member State may request the issuing agency or organization of the exporting Member State to conduct random checks or investigations when there is reasonable suspicion regarding the authenticity of the documents or the accuracy of the information related to the origin of the goods or part thereof.

2. The issuing agency or organization of the exporting Member State shall verify the cost statement of the manufacturer or exporter based on costs and current prices within six months before or after the export date.

3. The post-issuance verification process of the AK Form C/O is as follows:

a) The request for verification from the importing Member State shall be accompanied by the relevant AK Form C/O, clearly stating the reasons and any additional information indicating that the details on the C/O may not be accurate, except in cases of random checks.

b) The issuing agency or organization of the exporting Member State shall immediately acknowledge receipt of the verification request and respond within two months from the date of receipt.

c) The customs authority of the importing Member State may suspend the granting of preferential tariffs while awaiting the verification results. However, the customs authority of the importing Member State may apply necessary procedures including applying higher import duty rates or requiring the importer to deposit an equivalent amount and allowing the clearance of goods, provided that the goods are not prohibited or restricted imports and there is no suspicion of fraudulent origin.

d) The issuing agency or organization shall promptly send the verification results to the importing Member State to determine whether the goods meet the origin criteria. The entire verification process, including notifying the issuing agency or organization of the exporting Member State about the origin determination decision, must be completed within six months. Throughout the verification process, Point c of this Clause shall be applied.

4. The customs authority of the importing Member State may require the importer to provide information or documents related to the origin of the imported goods in accordance with the laws of the importing Member State prior to requesting verification under Clauses 1, 2, and 3 of this Article.

Article 32. Verification of Origin at Exporting Member State

1. In case of disagreement with the inspection results as stipulated in Article 31 of this Circular, the Importing Member State may request on-site verification at the Exporting Member State.

2. Prior to conducting on-site verification at the Exporting Member State as provided for in Clause 1 of this Article, the Importing Member State shall simultaneously send a written notice about the verification plan to:

a) The manufacturer or exporter owning the warehouse or factory subject to on-site verification.

b) The agency or organization issuing the Certificate of Origin (C/O) of the Exporting Member State in the area subject to on-site verification.

c) The customs authority of the Exporting Member State in the area subject to on-site verification.

d) The importer of goods subject to on-site verification.

3. The written notice referred to in Clause 2 of this Article must include all of the following contents:

a) Name of the customs authority issuing the written notice.

b) Name of the manufacturer or exporter owning the warehouse or factory subject to on-site verification.

c) Expected date of on-site verification.

d) Scope of expected on-site verification, including the goods subject to verification.

đ) Names and positions of officials conducting on-site verification.

4. The manufacturer or exporter owning the warehouse or factory subject to on-site verification shall submit a written approval to the Importing Member State. If no written approval from the manufacturer or exporter is received within thirty days from the date of receipt of the written notice as prescribed in Clause 2 of this Article, the Importing Member State may refuse to grant preferential tariff treatment to the goods subject to verification.

5. The agency or organization issuing the C/O that receives the written notice may temporarily suspend the on-site verification and notify the Importing Member State within fifteen days from the date of receipt of the Importing Member State's notice. Despite the suspension, the on-site verification must be completed within sixty days from the date of receipt of the written notice of the Importing Member State or later according to the agreement of the Member States.

6. The Member State conducting on-site verification shall provide the manufacturer or exporter owning the goods subject to verification and the relevant agency or organization issuing the C/O with a written decision regarding whether the goods subject to verification comply with the rules of origin as stipulated in this Circular.

7. The temporary suspension of preferential tariff treatment shall be lifted based on the written decision regarding compliance with the rules of origin as stated in Clause 6 of this Article.

8. The manufacturer or exporter is permitted to provide a written opinion or additional information about the eligibility of the goods for preferential tariff treatment within thirty days from the date of receipt of the written decision. If the goods still do not meet the criteria for origin, the final written decision shall be notified to the agency or organization issuing the C/O within thirty days from the date of receipt of the written opinion or additional information from the manufacturer or exporter.

9. The on-site verification process, including on-site inspections and the written decision regarding whether the goods subject to verification meet the origin requirements as provided for in Clause 7 of this Article, must be completed and the results reported to the agency or organization issuing the C/O within a maximum period of six months from the first day of the on-site verification. During the on-site verification process, Point c Clause 3 of Article 31 of this Circular shall be applied.

Article 33. Confidentiality of Information

1. Vietnamese authorities with jurisdiction must keep confidential information about business and trade activities collected during inspections and verifications as stipulated in Articles 31 and 32 of this Circular, and shall not disclose such information to avoid harming the competitive position of the information provider.

2. Depending on the provisions and laws, and agreements among Member States, confidential information may only be disclosed by the competent authorities of one Member State to another Member State for the purpose of managing and enforcing the determination of the origin of goods.

Article 34. Refusal of Preferential Tariff Treatment

A Member State importing goods may refuse preferential tariff treatment or recover unpaid duties according to its own regulations and laws if the goods do not meet the rules of origin for goods as specified in this Circular.

Article 35. Change of Destination of Goods

Exported goods to a Member State changing their destination either entirely or partially before or after arrival at the port of entry shall comply with the following provisions:

1. In cases where goods have been imported into the territory of the importing Member State, the customs authority of the importing Member State shall verify the AK Form Certificate applicable to the entire or part of the consignment based on the importer's application for preferential tariff treatment submitted along with the original AK Form Certificate.

2. In cases where the destination of the goods changes from that stated on the issued AK Form Certificate during transportation to the importing Member State, the producer or exporter shall submit an application for issuance of a new AK Form Certificate for the entire or part of the consignment and return the previously issued AK Form Certificate.

Article 36. Documents Applicable to Direct Shipment Provisions

According to Article 12 of this Circular, the following documents must be submitted to the customs authority of the importing Member State:

1. Through-bill of lading issued within the territory of the exporting Member State.

2. AK Form Certificate.

3. Copy of the original commercial invoice.

4. Other relevant documents proving compliance with the provisions set out in Article 12 of this Circular.

Article 37. Exhibition Goods

1. Goods sent from the territory of the exporting Member State to participate in an exhibition in another country and sold during or after the exhibition period with the intention of being imported into the territory of a Member State for preferential tariff treatment, provided that the goods meet the rules of origin for goods as specified in this Circular and prove to the customs authority of the importing Member State that:

a) The exporter shipped the goods from the territory of the exporting Member State to the country hosting the exhibition and displayed them there.

b) The exporter has sold or transferred the goods to the recipient in the territory of the importing Member State.

c) The goods were transported to the territory of the importing Member State during or immediately after the exhibition in the same condition as when they were dispatched for the exhibition.

2. To implement paragraph 1 of this Article, the AK Form Certificate must be submitted to the competent authority of the importing Member State, clearly stating the name and address of the exhibition venue. The issuing body of the AK Form Certificate in the country hosting the exhibition shall issue a form of certification together with the documents specified in paragraph 4 of Article 36 of this Circular to confirm that the goods participated in the exhibition.

3. Paragraph 1 of this Article applies to any exhibition, trade fair, agricultural or handicraft fair, or similar display or sale at stores or business locations aimed at selling foreign goods, where the goods remain under customs control throughout the exhibition period.

Article 38. Invoice issued by a third country

1. The customs authority of the Importing Member shall accept the AK Form Certificate of Origin in cases where the commercial invoice is issued by a company with its headquarters located in a third country or by an exporter representing that company, provided that the goods comply with the provisions on rules of origin set out in this Circular.

2. The exporter of the goods must indicate the phrase "Third Country Invoicing" and information about the name and country of the third-country issuing company on the AK Form Certificate of Origin.

PART IV

IMPLEMENTING PROVISIONS

Article 39. Implementation Organization

1. The guidelines and uniform understanding related to the rules of origin, which are agreed upon alternately or at the implementation reports of the Enforcement Committee within the framework of the Agreement, serve as the basis for the issuing bodies and customs authorities to implement.

2. The Department of Import-Export (Ministry of Industry and Trade) shall notify the issuing bodies, and the General Department of Customs (Ministry of Finance) shall notify the customs authorities of the contents stipulated in Clause 1 of this Article.

Article 40. Provisions on Implementation

1. This Circular shall take effect from May 1, 2026.

2. In cases where the documents referred to in this Circular are replaced or amended, they shall be implemented according to the replacement document or the amended document.

3. This Circular replaces the following Circulars:

a) Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade on implementing the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

b) Circular No. 26/2018/TT-BCT dated September 14, 2018 amending and supplementing Appendix IV promulgated together with Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade on implementing the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

c) Circular No. 13/2019/TT-BCT dated July 31, 2019 amending and supplementing some articles of Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade on implementing the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

d) Circular No. 04/2024/TT-BCT dated March 27, 2024 amending and supplementing some articles of Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade on implementing the Rules of Origin under the ASEAN-Korea Free Trade Agreement./.