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THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
42/2014/TT-BCT
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Hanoi,
November 18, 2014
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CIRCULAR
ON AMENDMENTS TO THE CIRCULAR NO. 21/2010/TT-BCT DATED MAY 17, 2010
OF THE MINISTER OF INDUSTRY AND TRADE ON IMPLEMENTATION OF RULES OF ORIGIN IN
THE ASEAN TRADE IN GOODS AGREEMENT
Pursuant to Decree No.
95/2012/ND-CP dated November 12, 2012 of the Government defining the functions,
tasks, entitlements and organizational structure of the Ministry of Industry
and Trade;
Pursuant to the ASEAN Trade In
Goods Agreement concluded on February 26, 2009 in the ASEAN Summit on the 14th,
in Cha-am, Thailand between member states of the Association of Southeast Asian
Nations;
Pursuant to the Decision of ASEAN Economic Ministers Meeting
held on August 19, 2013 in Bandar Seri Begawan, Brunei Darussalam;
Pursuant to the Decision of
ASEAN Economic Ministers Meeting held on August 25, 2014 in Nay Pyi Taw,
Myanmar;
Pursuant to Decree No.
19/2006/ND-CP dated February 20, 2006 of the Government on providing guidance
on the Commercial law on rules of origin;
At the request of Director of
Import and Export Department,
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Article 1. Circular No.
21/2010/TT-BCT shall be amended as follows:
1. Appendix
No. 2 on Product specific rules issued together with the Circular No.
21/2010/TT-BCT shall be annulled and replaced with the Appendix I enclosed
herewith.
2. Appendix
No. 3 on CTC (change in tariff classification) criteria on textile and garment
products issued together with the Circular No. 21/2010/TT-BCT shall be annulled
and replaced with the Appendix I enclosed herewith.
3. Appendix
No. 7 on Procedures for issuance and verification of C/O issued together with
the Circular No. 21/2010/TT-BCT shall be amended as follows:
a) The Clause
1 of Article 10 shall be amended as follows:
“1. A C/O
shall be issued at the time of exportation or soon thereafter, if the good to
be exported can be considered to be originating in the territory of the
exporting Party within the meaning of Appendix I
b) The Clause
1 of Article 13 shall be amended as follows:
“1. For the
purposes of claiming preferential tariff treatment, the importer shall submit
to the customs authority of the importing Party at the time of import, a C/O
together with supporting documents (i.e. invoices, the through Bill of Lading
issued in the territory of the exporting Party when the goods are pass through
territories of one or multiple intermediary states, not exporting Parties or
importing Parties prescribed in Article 21 of this Appendix) and other
documents as required in accordance with the domestic laws and regulations of
the importing Party”.
c) The Article
24 shall be amended as follows:
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C/O form D and
back-to-back C/O form D shall reflect FOB value when applying RVC criteria calculated
by the formula prescribed in Article 5 of Appendix No. 1 to determine rules of
origin.
With respect
to Cambodia and Myanmar, the C/O Form D and back-to-back C/O Form D issued to
and from them shall reflect the FOB value regardless of the origin criteria for
the transition period of two years from April 1, 2014 to March 31, 2016”.
4. Appendix
No. 8 on C/O Form D issued together with the Circular No. 21/2010/TT-BCT shall
be annulled and replaced with the Appendix II enclosed herewith.
5. Section 10
Appendix No. 8 on Guidance on C/O declarations issued together with the
Circular No. 21/2010/TT-BCT shall be amended as follows:
“10. Box No.
9: Gross weight of the goods (or other quantity) and FOB when applying RVC
criteria to determine the rules of origin. With respect to Cambodia and
Myanmar, the C/O issued to and from them shall reflect the FOB value regardless
of the origin criteria for the transition period of two years from January 1,
2014 to March 31, 2016”.
6. Appendix
No. 13 on C/O Form D issued together with the Circular No. 21/2010/TT-BCT shall
be annulled and replaced with the Appendix IV enclosed herewith.
Article 2.
Effect
1. This
Circular shall take effect from January 2, 2015.
2. This
Circular No. 24/2012/TT-BCT dated September 17, 2012 of the Minister of
Industry and Trade issues the Circular on amendments to the Circular No.
21/2010/TT-BCT dated May 17, 2010 of the Minister of Industry and Trade on
implementation of Rules of origin in the ASEAN trade in goods agreement shall
be annulled.
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PP. MINISTER
DEPUTY MINISTER
Tran Tuan Anh