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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.151/2005/QD-BTM
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Hanoi, January 27, 2005
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DECISION
PROMULGATING AMENDMENTS AND
SUPPLEMENTS TO THE REGULATION ON ISSUANCE OF VIETNAM’S CERTIFICATES OF ORIGIN –
FORM D FOR ENJOYMENT OF PREFERENCES UNDER THE “AGREEMENT ON THE COMMON
EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ESTABLISHMENT OF THE ASEAN
FREE TRADE AREA (AFTA)”
THE MINISTER OF TRADE
Pursuant to the Government’s Decree No.
29/2004/ND-CP dated January 16, 2004 on the functions, tasks, powers and
organizational structure of the Ministry of Trade;
At the proposal of the director of the Export and
Import Department,
DECIDES:
Article
1. To amend Article 13, Section E in
Appendix 2 to the Minister of Trade's Decision No. 1420/2004/QD-BTM dated
October 4, 2004 promulgating the Regulation on issuance of Vietnam's
certificates of origin - form D for enjoyment of preferences under the
''Agreement on the Common Effective Preferential Tariffs (CEPT) Scheme for the
establishment of the ASEAN Free Trade Area (AFTA)''.
To
supplement Rule 4 of Appendix l Rules of Origin for the CEPT Agreement, issued
together with the Minister of Trade's Decision No. 1420/2004/QD-BTM dated
October 4, 2004 promulgating the Regulation on issuance of Vietnam's
certificates of origin - form D for enjoyment of preferences under the
''Agreement on the Common Effective Preferential Tariffs (CEPT) Scheme for the
establishment of the ASEAN Free Trade Area (AFTA)''.
To
supplement Appendix 8 to the Minister of Trade's Decision No. 1420/2004/QD-BTM
dated October 4, 2004 promulgating the Regulation on issuance of Vietnam's
certificates of origin – form D for enjoyment of preferences under the
''Agreement on the Common Effective Preferential Tariffs (CEPT) Scheme for the
establishment of the ASEAN Free Trade Area (AFTA)'', regarding the Rules of
Origin applicable to wheat flour.
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Article
3. The director of the Office, the
director of the Organization and Personnel Department, the director of the
Export and Import Department and the heads of the concerned agencies of the
Ministry of Trade shall have to implement, or guide the implementation of this
Decision.
To amend Article 13, Section E of Appendix 2 as follows:
(a)
Form-D C/O must be produced to the customs office of the importing member
country within six (6) months as from the date of endorsement by the competent
agency of the exporting member country.
(b) Where a form-D C/O is
submitted to the relevant government agency of the importing member country
after the expiration of the time limit for its submission, such form-D C/O
shall still be accepted if the failure to observe the time limit results from
force majeure or other plausible reasons beyond the control of the exporter;
and,
(c) In all circumstances, the
relevant agency of the importing member country may accept such form-D C/O
provided that the goods have been imported before the expiration of the time
limit of the said form-D C/O.
To
supplement Rule 4 of Appendix 1 as follows:
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RULES OF ORIGIN FOR THE CEPT
AGREEMENT
(Issued together with the Minister of Trade’s
Decision No. 151/2005/QD-BTM dated
January 27, 2005)
(a)
Products which satisfy the origin requirements provided for in Rule 1 and are
used in a member country as inputs of a finished product eligible for
preferential treatment in other member countries shall be regarded as products
originating in the member country where the processing of the finished product
has taken place provided that the aggregate ASEAN content of the final product
is not smaller than 40%.
(b)
For raw materials, auxiliary materials, accessories or products of the last
producing country, which have the local/ASEAN content of under 40% but above or
equal to 20%, they shall be issued form-D C/O for direct calculation into the
products having cumulative origin with the following conditions:
(i)
The formula for calculation is like that for calculation of local/ASEAN
content;
(ii)
Being ineligible for enjoyment of CEPT rates;
(iii)
The C/O-issuing agency must stamp ''FOR CUMULATION PURPOSES ONLY'' on such
form-D C/O;
(iv) The relevant
provisions stated in Appendix 2 (including Article 17) to the Minister of Trade
's Decision No. 1420/2004/QD-BTM dated October 4, 2004 promulgating the
Regulation on issuance of Vietnam's certificates of origin - form D for
enjoyment of preferences under the ''Agreement on the Common Effective
Preferential Tariffs (CEPT) Scheme for the establishment of the ASEAN Free
Trade Area (AFTA)'' shall apply to these form-D C/Os.
To
supplement Appendix 8 as follows:
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A. GENERAL PROVISIONS
Rule
1: The original country means the place
where the final substantial transformation process is carried out to turn out a
new product. Raw materials and auxiliary materials in the substantial
transformation process in a country shall be regarded as products of such
country.
Rule
2: Wheat flour shall be regarded as having
gone through the substantial transformation process when it is produced or
processed into a new commercial product.
Rule
3: A new commercial product shall be
regarded as having gone through the production or processing process if the
following changes have been made:
(i)
Peculiarities or trade designs
(ii)
Basic characteristics
(iii)
Use purposes.
Rule
4: Upon decision on whether goods have
gone through the substantial transformation process or not, the following
criteria shall be considered:
4.1. Material
changes of raw materials and materials after production or processing;
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4.3.
The complexity of the production or processing process in the implementing
country;
4.4.
Professional qualifications and/or technologies requiring the conduct of the
production or working process.
B. PARTICULARITY RULE APPLICABLE TO WHEAT FLOUR
Rule
5: Wheat flour shall be regarded as a
product originating from ASEAN when wheat is industrially ground in one ASEAN
country before being exported to another ASEAN country.
HS code
1101
Description of goods
Wheat
flour
Rule of transformation
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Origin certification
Notes
Ground
from wheat
The
procedures for issuance of form-D C/O for the CEPT/AFTA Rule of Origin are
prescribed in Appendix 2 to the Minister of Trade’s Decision No.
1420/2004/QD-BTM dated October 4, 2004.
C/O
Rule
6: C/O issued by the competent agency of
the exporting ASEAN member country must be authentic and for wheat flour, it
must originate from ASEAN.
Rule
7: C/O must be produced at customs offices
of the importing countries together with other relevant documents.
Rule
8: When there appears any dispute over the
authenticity of the ASEAN origin, such dispute shall be settled according to
the ASEAN Dispute Settlement Mechanism (DSM). In this case, the customs office
shall make customs clearance for goods with doubted truthfulness after the
importer provides the customs office with the exporting country's letter of
certification.