Circular No. 19/2020/TT-BCT amends and supplements Circulars regulating the Rules of Origin for Goods under the ASEAN Trade in Goods Agreement (ATIGA). The main contents include replacing and updating Appendices I, II, III, and V related to the Rules of Origin, certificates of origin, guidance on issuing Certificate of Origin Form D, and organization of issuance of Certificates of Origin. This Circular takes effect from September 27, 2020.
Đối tượng áp dụng
Organizations issuing certificates of origin for goods; customs authorities and enterprises exporting to the ASEAN market.
Các điểm cốt lõi
- Replacing Appendices I, II, III, and V of Circular No. 22/2016/TT-BCT
- Updating regulations on certificates of origin for goods according to new models
- Adjusting the process of issuing Certificate of Origin Form D to be consistent with changes in ATIGA
- Determining the effective date of the new provisions of this Circular.
- Abolishing Circular No. 27/2017/TT-BCT
🌐 Tác động xã hội từ văn bản này
- Strengthening compliance with laws on origin of goods in ASEAN
- Facilitating businesses in proving origin to enjoy preferential tariffs under ATIGA
- Improving the business environment and promoting free trade within the ASEAN region.
❓ Câu hỏi thường gặp
When does this Circular take effect?
Circular No. 19/2020/TT-BCT takes effect from September 27, 2020.
Which appendices of Circular No. 22/2016/TT-BCT are replaced?
Appendices I, II, III, and V of Circular No. 22/2016/TT-BCT are replaced by new appendices issued together with Circular No. 19/2020/TT-BCT.
Which document is abolished by this Circular?
Circular No. 19/2020/TT-BCT abolishes Circular No. 27/2017/TT-BCT dated December 6, 2017, of the Minister of Industry and Trade.
Toàn văn
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MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 67/VBHN-BCT |
Hanoi, August 28, 2020 |
CIRCULAR
IMPLEMENTATION OF RULES OF ORIGIN FOR GOODS IN THE ASEAN TRADE IN GOODS AGREEMENT
Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement, which took effect from November 15, 2016, has been amended and supplemented by:
1. Circular No. 10/2019/TT-BCT dated July 22, 2019 of the Minister of Industry and Trade amending and supplementing Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement, which took effect from September 5, 2019.
2. Circular No. 25/2019/TT-BCT dated November 14, 2019 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement, which took effect from January 1, 2020.
3. Circular No. 19/2020/TT-BCT dated August 14, 2020 of the Minister of Industry and Trade amending and supplementing Circulars on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement, which took effect from September 27, 2020.
Decree No. 95/2012/NĐ-CP dated 12 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;1 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;12 of the Government stipulating 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 of the Government detailing the Law on Trade regarding origin of goods;
Implementing the Agreement Ttrade in goods ASEAN signed on February 26, 2009 at the 14th Summit Conference in Cha-am, Thailand between member states of the Association of Southeast Asian Nations;
Implementing the Protocol on the Legal Framework for Implementation of the ASEAN Single Window Mechanism signed in Hanoi, Vietnam on September 4, 2015;
At the proposal of the Director of the Import-Export Department,
Minister of The Government issues this Decree promulgating the Circular on implementation of rules of origin for goods in the Agreement trade in goods ASEAN[1].
Article 1. Scope of Regulation and Applicability
1. This Circular stipulates the implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement (hereinafter referred to as ATIGA).
2. This Circular applies to agencies, organizations, and individuals participating in activities related to the origin of goods under the ATIGA Agreement.
Article 2. Rules of Origin
Attached to this Circular are the following Appendices to guide the implementation of Chapter 3 on Rules of Origin and Procedures for Issuance and Verification of Certificates of Origin (C/O) in the ATIGA Agreement:
1. Rules of Origin (Appendix I).
2. Specific Product Rules (Appendix I)[2]).
3. Basic Transformation Criteria for Textile Products (Appendix II)[3]).
4. List of Information Technology Products (ITA) (Appendix [4]).
5. Principles and Guidelines for Calculating Regional Value Content (Appendix V).
6. Guidelines on Partial Accumulation (Appendix VI).
7. Issuance and Verification of C/O (Appendix I)[5]).
8. Model C/O Form D (Appendix II)[6]).
9. Guidelines for Declaration of C/O (Appendix III)[7]).
10. List of Organizations Issuing C/O (Appendix V)[8]).
Article 3. Procedures for Issuance, Verification of C/O and Self-Certification of Origin of Goods
1. [9] The procedures for issuance and verification of C/O shall be carried out in accordance with the provisions of Decree No. 31/2018/NĐ-CP dated March 8, 2018 of the Government detailing the Law on Foreign Trade Management regarding origin of goods and Appendix VII attached to Circular No. 22/2016/TT-BCT.
2. The pilot mechanism for self-certification of origin of goods under the ATIGA Agreement shall be implemented in accordance with the current regulations of the Ministry of Industry and Trade. Goods declared by traders under this mechanism must comply with the rules of origin for goods stipulated in this Circular.
Article 4. Effective date
[10]1. This Circular takes effect from November 15, 2016.
2. This Circular revokes Tcircular No. 21/2010/TT-BCT dated May 17, 2010 of Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Industry and Trade implements rules of origin in the Ttrade in goods ASEAN and Circular No. 42/2014/TT-BCT dated November 18, 2014 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 21/2010/TT-BCT ./.
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CERTIFIED CONSOLIDATED DOCUMENT |
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[1] Circular No. 10/2019/TT-BCT amending and supplementing Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement 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;
Pursuant to Decree No. 31/2018/NĐ-CP dated March 8, 2018 of the Government detailing the Law on Foreign Trade Management regarding origin of goods;
Implementing the ASEAN Trade in Goods Agreement signed on February 26, 2009 at the 14th Summit Conference in Cha-am, Thailand between member states of the Association of Southeast Asian Nations;
Implementing the Report of the 50th Meeting of ASEAN Economic Ministers and the 32nd Meeting of the ASEAN Free Trade Area Council on August 29, 2018 in Singapore;
At the request of the Director General of the Department of Import-Export,
Circular No. 25/2019/TT-BCT amending and supplementing certain provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement 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;
Pursuant to Decree No. 31/2018/NĐ-CP dated March 8, 2018 of the Government detailing the Law on Foreign Trade Management regarding origin of goods;
Implementing the ASEAN Trade in Goods Agreement signed on February 26, 2009 at the 14th Summit Conference in Cha-am, Thailand between member states of the Association of Southeast Asian Nations;
At the request of the Director General of the Department of Import-Export,
Circular No. 19/2020/TT-BCT amending and supplementing Circulars on implementation of rules of origin for goods in the ASEAN Trade in Goods Agreement 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;
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;
Implementing the ASEAN Trade in Goods Agreement signed on February 26, 2009 in Thailand between member states of the Association of Southeast Asian Nations;
Implementing the First Protocol Amending the ASEAN Trade in Goods Agreement signed on January 22, 2019 in Vietnam;
Implementing the Report of the 32nd Meeting of the ASEAN Trade in Goods Agreement Implementation Coordination Committee on February 28, 2020 in Indonesia; the 51st Meeting of ASEAN Economic Ministers and the 33rd Meeting of the ASEAN Free Trade Area Council on September 6, 2019 in Thailand;
Implementing Resolution No. 110/NQ-CP of the Government dated July 23, 2020 approving the First Protocol Amending the ASEAN Trade in Goods Agreement (ATIGA);
At the request of the Director General of the Department of Import-Export,
[2] Appendix II herein is replaced by Appendix I issued together with Circular No. 10/2019/TT-BCT amending and supplementing Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 5, 2019.
[3] Appendix III herein is replaced by Appendix II issued together with Circular No. 10/2019/TT-BCT amending and supplementing Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 5, 2019.
[4] Appendix IV herein is replaced by the Appendix issued together with Circular No. 25/2019/TT-BCT amending and supplementing some provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from January 1, 2020.
[5] Appendix VII herein is replaced by Appendix I issued together with Circular No. 19/2020/TT-BCT amending and supplementing several Circulars on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 27, 2020.
[6] Appendix VIII herein is replaced by Appendix II issued together with Circular No. 19/2020/TT-BCT amending and supplementing several Circulars on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 27, 2020.
[7] Appendix IX herein is replaced by Appendix III issued together with Circular No. 19/2020/TT-BCT amending and supplementing several Circulars on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 27, 2020.
[8] Appendix X herein is replaced by Appendix V issued together with Circular No. 19/2020/TT-BCT amending and supplementing several Circulars on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 27, 2020. This Article.
[9] This Clause is amended and supplemented according to Clause 2, Article 1 of Circular No. 25/2019/TT-BCT amending and supplementing some provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from January 1, 2020.
[10] Article 2 of Circular No. 10/2019/TT-BCT amending and supplementing Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 5, 2019, provides as follows:
“ Article 2. Effective Date
This Circular takes effect from September 5, 2019./.
Article 2 of Circular No. 25/2019/TT-BCT amending and supplementing some provisions of Circular No. 22/2016/TT-BCT dated October 3, 2016 of the Minister of Industry and Trade on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from January 1, 2020, provides as follows:
“Article 2. Effective Date
This Circular takes effect from January 1, 2020./”
Article 5 and Article 6 Athletes of Circular No. 19/2020/TT-BCT amending and supplementing several Circulars on implementing Rules of Origin for goods under the ASEAN Trade in Goods Agreement, which takes effect from September 14, 2020, provide as follows:
“Article 5. Transitional Provisions
The customs authority accepts Certificate of Origin (C/O) Form D issued before December 21, 2020, according to the form prescribed in Appendix VIII issued together with Circular No. 22/2016/TT-BCT .
Article 6. Article Clause 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.
1. This Circular takes effect from September 27, 2020.
2. In cases where the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacing document or the amended document.
3. The organization issuing the Certificate of Origin (C/O) shall issue the Form D C/O for Vietnamese goods exported from September 20, 2020, in accordance with the provisions of this Circular.
4. Customs authorities shall accept certificates of origin for goods in accordance with the provisions set out in Appendix I and Appendix II attached hereto to consider granting preferential tariffs under ATIGA for import declarations registered from September 20, 2020.
5. Guidelines and uniform interpretations related to the rules of origin as agreed upon by the Member States through periodic consensus or reported in the meetings of the Implementation Committee of the ATIGA Agreement and the Sub-committee on Rules of Origin of ASEAN shall serve as the basis for organizations issuing the Certificate of Origin and customs authorities to implement.
6. This Circular abolishes Circular No. 27/2017/TT-BCT dated December 6, 2017, issued by the Minister of Industry and Trade amending and supplementing Circular No. 28/2015/TT-BCT dated August 20, 2015, issued by the Ministry of Industry and Trade regarding the pilot implementation of self-certification of origin of goods under the ASEAN Trade in Goods Agreement./”
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