MINISTRY OF INDUSTRY AND TRADE
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No.: 05/2022/TT-BCT
|
Hanoi, February 18, 2022
|
CIRCULAR
PRESCRIBING
RULES OF ORIGIN UNDER THE REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT
Pursuant to the Government’s Decree No. 98/2017/ND-CP dated
August 18, 2017 defining the Functions, Tasks, Powers and Organizational
Structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 31/2018/ND-CP dated
March 08, 2018 on guidelines for the Law on Foreign Trade Management regarding
origin of goods;
For the purposes of the Regional Comprehensive Economic
Partnership (RCEP) Agreement signed online on November 15, 2020;
At the request of the Director of the Agency of Foreign
Trade;
The Minister of Industry and Trade promulgates a Circular
prescribing Rules of Origin under the Regional Comprehensive Economic
Partnership Agreement.
Chapter I
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 1. Scope
This Circular introduces the Rules of Origin under the
Regional Comprehensive Economic Partnership Agreement (hereinafter referred to
as “RCEP Agreement”).
Article 2. Regulated entities
This Circular applies to:
1. Issuing bodies of Certificate of Origin (C/O).
2. Traders.
3. Regulatory authorities, organizations and individuals
involved in the origin of imports and exports.
Article 3. Definitions
For the purposes of this Circular, the terms below are
construed as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. “CIF value” means the value of the imported good,
inclusive of the cost of insurance and freight up to the port or place of entry
into the country of importation.
3. “competent authority” means the government
authority or authorities designated by a Party and notified to the other
Parties.
4. “FOB value” means the value of the good
free on board, inclusive of the cost of transport (regardless of the mode of
transport) to the port or site of final shipment abroad.
5. “fungible goods or materials” means goods or
materials that are interchangeable for commercial purposes, whose properties
are essentially identical.
6. “Generally Accepted Accounting Principles” means
those principles recognised by consensus or with substantial authoritative
support in a Party, with respect to the recording of revenues, expenses, costs,
assets, and liabilities; the disclosure of information and the preparation of
financial statements. These principles may encompass broad guidelines of
general application as well as detailed standards, practices, and procedures.
7. “good” means any merchandise, product, article, or
material.
8. “C/O issuing body” means an entity designated or
authorised by a Party to issue a C/O and notified to the other Parties in
accordance with this Circular.
9. “material” means a good that is used in the
production of another good.
10. “non-originating good or non-originating material” means
a good or material which does not qualify as originating in accordance with
this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
12. “producer” means an individual or a juridical
person who engages in the production of goods.
13. “production” means methods of obtaining goods
including growing, mining, harvesting, farming, raising, breeding, extracting,
gathering, collecting, capturing, fishing, aquaculture, trapping, hunting,
manufacturing, producing, processing, or assembling.
Article 4. Certification and
verification of origin of goods in Vietnam
1. The following Annexes are enclosed with this Circular:
a) Annex I: Product-Specific Rules.
b) Annex II: Minimum Information Requirements for a
Certificate of Origin.
c) Annex III: Specimen of C/O Form RCEP for exported goods
and C/O Continuation Sheet.
d) Annex IV: List of goods subject to tariff differentials.
2. The list of Vietnam's issuing bodies of C/O Form RCEP is
published on the electronic certificates of origin system
(https://ecosys.gov.vn) of the Ministry of Industry and Trade. Vietnam's
issuing bodies of C/O Form RCEP shall follow procedures for registration of
specimen signatures, and impressions of official seals, and update them
according to guidelines of the Ministry of Industry and Trade.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter II
METHODS FOR
CERTIFICATION OF ORIGIN
Article 5. Originating goods
A good shall be treated as an originating good if:
1. It is wholly obtained or produced in a Party as provided
in Article 6 of this Circular.
2. It is produced in a Party exclusively from originating
materials from one or more of the Parties.
3. It is produced in a Party using non-originating
materials, provided the good satisfies the applicable requirements set out in
Annex I enclosed herewith.
Article 6. Goods wholly obtained or
produced
For the purposes of Clause 1 Article 5 of this Circular, the
following goods shall be considered as wholly obtained or produced in a Party:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Live animals born and raised there.
3. Goods obtained from live animals raised there.
4. Goods obtained from hunting, trapping, fishing, farming,
aquaculture, gathering, or capturing conducted there.
5. Minerals and other naturally occurring substances, not
included in Clauses 1 through 4 of this Article, extracted or taken from its
soil, waters, seabed, or subsoil beneath the seabed.
6. Goods of sea-fishing and other marine life taken by
vessels of that Party (which are registered in that Party, and are entitled to
fly the flag of that Party), and other goods taken by that Party or an
individual or a juridical person of that Party, from the waters, seabed, or
subsoil beneath the seabed outside the territorial sea of the Parties and
non-Parties, in accordance with international law, provided that, in case of
goods of sea-fishing and other marine life taken from the exclusive economic
zone of any Party or non-Party, that Party or individual or juridical person of
that Party has the rights to exploit such exclusive economic zone, and in case
of other goods, that Party or individual or juridical person of that Party has
rights to exploit such seabed and subsoil beneath the seabed, in accordance
with international law.
7. Goods of sea-fishing and other marine life taken by
vessels of that Party from the high seas in accordance with international law.
8. Goods processed or made on board any factory ships of
that Party, exclusively from the goods referred to in Clause 6 or 7 of this
Article.
9. Goods which are waste and scrap derived from production
or consumption there, provided that such goods are fit only for disposal, for
the recovery of raw materials, or for recycling purposes; or used goods
collected there, provided that such goods are fit only for disposal, for the
recovery of raw materials, or for recycling purposes.
10. Goods obtained or produced there solely from goods
referred to in Clauses 1 through 9, or from their derivatives.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Goods and materials which comply with the requirements
provided in Article 5 of this Circular, and which are used in another Party as
materials in the production of another good or material, shall be considered as
originating in the Party where working or processing of the finished good or
material has taken place.
Article 8. Calculation of regional
value content
1. The regional value content (RVC) of a good, specified in
Annex I enclosed herewith, shall be calculated by using either of the following
formulas:
a) Indirect formula:
RVC =
FOB - VNM
x 100
FOB
b) Indirect formula:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
VOM + Direct labour cost + Direct
overhead cost + Profit + Other costs
x 100
FOB
Where:
RVC is the regional value content of a good, expressed as a percentage.
FOB is the FOB value as defined in Clause 4 Article 3 of this Circular.
VOM is the value of originating materials, parts, or produce acquired or
self-produced, and used in the production of the good.
VNM is the value of non-originating materials used in the production of the
good.
Direct labour cost includes wages, remuneration, and other employee benefits.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The value of goods under this Circular shall be
calculated in accordance with Article VII of GATT 1994 and the Customs
Valuation Agreement. All costs shall be recorded and maintained in accordance
with the Generally Accepted Accounting Principles applicable in the Party where
the goods are produced.
3. The value of non-originating materials shall be:
a) For imported materials, the CIF value of the materials at
the time of importation.
b) For materials obtained within a Party, the earliest
ascertainable price paid or payable.
4. A material of undetermined origin shall be treated as a
non-originating material.
5. The following expenses may be deducted from the value of
non-originating materials or materials of undetermined origin:
a) The costs of freight, insurance, packing, and other
transport-related costs incurred in transporting the goods to the producer.
b) Duties, taxes, and customs brokerage fees, other than
duties that are waived, refunded, or otherwise recovered.
c) Costs of waste and spillage, less the value of any
renewable scrap or by-products.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 9. Country of origin
1. The country of origin shall be the Party where the good
meets the requirements set out in Article 5 of this Circular.
2. With regard to the good which is produced in a Party
exclusively from originating materials from one or more of the Parties as
prescribed in Clause 2 Article 5 of this Circular, the country of origin shall
be the exporting Party, provided that the production process of that good is
other than the minimal operations and processes set out in Clause 3 Article 10
of this Circular.
3. For an originating good subject to tariff differentials
in accordance with the provisions of Annex IV enclosed herewith, the country of
origin shall be the exporting Party, provided that the good meets the
requirements specified in Article 5 of this Circular and has a domestic value
content (DVC) of less than 20%.
4. In the event that the exporting Party of an originating
good is not established to be the country of origin in accordance with Clauses
1 through 3 of this Article, the country of origin shall be the Party that
contributed the highest value of originating materials used in the production
of that good in the exporting Party.
5. DVC value shall be calculated using the formulas for
calculation of RVC specified in Article 8 of this Circular. For the purposes of
calculating DVC, originating materials imported from other Parties shall be
considered as non-originating.
Article 10. Minimal operations and
processes
1. “simple” describes an activity which does not need
special skills, or machines, apparatus, or equipment especially produced or
installed for carrying out the activity.
2. “slaughtering” means the mere killing of animals.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Preserving operations to ensure that the good remains in
good condition for the purposes of transport or storage.
b) Packaging or presenting goods for transportation or sale.
c) Simple processes, consisting of sifting, screening,
sorting, classifying, sharpening, cutting, slitting, grinding, bending,
coiling, or uncoiling.
d) Affixing or printing of marks, labels, logos, or other
like distinguishing signs on goods or their packaging.
dd) Mere dilution with water or another substance that does
not materially alter the characteristics of the good.
e) Disassembly of products into parts.
g) Slaughtering of animals.
h) Simple painting and polishing operations.
i) Simple peeling, stoning, or shelling.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
l) Any combination of two or more of operations referred to
in Points a through k of this Clause.
4. The operations specified in Clause 3 of this Article,
when undertaken on non-originating materials to produce a good, shall be
considered as insufficient working or processing to confer on that good the
status of an originating good.
Article 11. De Minimis
1. A good that does not satisfy a change in tariff
classification pursuant to Annex I enclosed herewith is nonetheless an
originating good if the good meets all of the other applicable requirements in
this Circular and:
a) For a good classified in Chapters 01 through 97 of the HS
Code, the value of non-originating materials that have been used in the
production of the good and did not undergo the applicable change in tariff
classification does not exceed 10% of the FOB value of that good. The value of
those non-originating materials shall be determined pursuant to Clause 3
Article 8 of this Circular.
b) For a good classified in Chapters 50 through 63 of the HS
Code, the weight of all non-originating materials used in its production that
did not undergo the required change in tariff classification does not exceed
10% of the total weight of the good.
2. The value of non-originating materials referred to in
Clause 1 of this Article shall, however, be included in the value of
non-originating materials for any applicable regional value content
requirement.
Article 12. Treatment of packing and
packaging materials and containers
1. Packing materials and containers for transportation and
shipment of a good shall not be taken into account in determining the
originating status of any good.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The good is wholly obtained or produced in a Party in
accordance with Clause 1 Article 5 of this Circular.
b) The good is produced in a Party exclusively from
originating materials from one or more of the Parties, in accordance with
Clause 2 Article 5 of this Circular.
c) The good is subject to a change in tariff classification
or a specific manufacturing or processing operation requirement provided in
Annex I enclosed herewith.
3. If a good is subject to a regional value content
requirement, the value of the packaging materials and containers in which the
good is packaged for retail sale shall be taken into account as originating materials
or non-originating materials of the good, as the case may be, in calculating
the regional value content of the good.
Article 13. Accessories, spare parts
and tools
1. Accessories, spare parts, tools, and instructional or
other information materials presented with the good shall be considered as part
of the good and shall be disregarded in determining whether all the
non-originating materials used in the production of the good have undergone the
applicable change in tariff classification or a specific manufacturing or
processing operation set out in Annex I enclosed herewith, provided that:
a) The accessories, spare parts, tools, and instructional or
other information materials presented with the good are not invoiced separately
from the good.
b) The quantities and value of the accessories, spare parts,
tools, and instructional or other information materials presented with the good
are customary for the good.
2. Notwithstanding Clause 1 of this Article, if a good is
subject to a regional value content requirement, the value of the accessories,
spare parts, tools, and instructional or other information materials presented
with the good shall be taken into account as originating materials or
non-originating materials, as the case may be, in calculating the regional
value content of the good, provided that:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) The quantities and value of the accessories, spare parts,
tools, and instructional or other information materials presented with the good
are customary for the good.
Article 14. Indirect materials
1. An indirect material shall be treated as an originating
material without regard to where it is produced and its value shall be the cost
registered in accordance with the Generally Accepted Accounting Principles in
the records of the producer of the good.
2. Indirect material means a good used in the production,
testing, or inspection of another good but not physically incorporated into
that other good, or a good used in the maintenance of buildings or the
operation of equipment associated with the production of a good, including:
a) Fuel and energy.
b) Tools, dies, and moulds.
c) Spare parts and goods used in the maintenance of
equipment and buildings.
d) Lubricants, greases, compounding materials, and other
materials used in production or used to operate equipment and buildings.
d) Gloves, glasses, footwear, clothing, and safety equipment
and supplies.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Catalysts and solvents.
h) Any other goods that are not incorporated into the good
but whose use in the production of the good can reasonably be demonstrated to
be a part of that production.
Article 15. Fungible goods or
materials
The determination of whether fungible goods or materials are
originating shall be made either by physical segregation of each of the
fungible goods or materials or, where commingled, by the use of an
inventory management method which is recognised in the Generally Accepted
Accounting Principles of the exporting Party, and should be used throughout the
fiscal year.
Article 16. Materials used in
production
If a non-originating material undergoes further production
such that it satisfies the requirements of this Circular, the material shall be
treated as originating when determining the originating status of the
subsequently produced good, regardless of whether that material was produced by
the producer of the good.
Article 17. Unit of qualification
1. The unit of qualification for the application of this
Circular shall be the particular good which is considered as the basic unit
when determining classification under the Harmonized System.
2. When a consignment consists of a number of identical
goods classified under a single tariff line, each good shall be individually
taken into account in determining whether it qualifies as an originating good.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. An originating good shall retain its originating status
as determined under Article 5 of this Circular if one of the following
conditions has been met:
a) The good has been transported directly from an exporting
Party to an importing Party.
b) The good has been transported through one or more Parties
other than the exporting Party and the importing Party (hereinafter referred to
as “intermediate Parties”), or non-Parties, provided that the good:
b1) has not undergone any further processing in the
intermediate Parties or the non-Parties, except for logistics activities such
as unloading, reloading, storing, or any other operations necessary to preserve
it in good condition or to transport it to the importing Party; and
b2) remains under the control of the customs authorities in
the intermediate Parties or the non-Parties.
2. Compliance with Point b Clause 1 of this Article shall be
evidenced by presenting the customs authorities of the importing Party either
with customs documents of the intermediate Parties or the non-Parties, or with
any other appropriate documentation on request of the customs authorities of
the importing Party.
3. Appropriate documentation referred to in Clause 2 of this
Article may include commercial shipping or freight documents such as airway
bills, bills of lading (B/L), multimodal or combined transport documents, a
copy of the original commercial invoice in respect of the good, financial
records, a non-manipulation certificate, or other relevant supporting
documents, as may be requested by the customs authorities of the importing
Party.
Chapter III
CERTIFICATION AND
VERIFICATION OF ORIGIN
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. An originating good exported from Vietnam to a Party
shall be considered for grant of preferential tariff treatment in the framework
of RCEP Agreement if it is supported by a C/O issued in accordance with this
Circular.
2. Vietnam shall grant preferential tariff treatment in the
framework of RCEP Agreement to an originating good imported from a Party on the
basis of a proof of origin which may be:
a) a C/O issued by a C/O issuing body in accordance with
Articles 21 and 22 of this Circular.
b) a declaration of origin by an approved exporter in
accordance with Articles 20 and 22 of this Circular.
3. The declaration of origin specified in Point b Clause 2
of this Article shall:
a) be in writing, or any other medium, including electronic
format;
b) contain information which meets the minimum information
requirements as set out in Annex II enclosed herewith;
c) remain valid for 01 year from the date on which it is
issued; and
d) be in the English language, and bear the name and
signature of the certifying person, and the date on which it is issued.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The company authority of an exporting Party shall provide
the authorisation to make declarations of origin for approved exporters in
accordance with its laws and regulations. An approved exporter must meet the
following conditions:
a) The exporter is duly registered in accordance with the laws
and regulations of the exporting Party.
b) The exporter knows and understands the rules of origin.
c) The exporter has a satisfactory level of experience in
export in accordance with the laws and regulations of the exporting Party.
d) The exporter has a record of good compliance, measured by
risk management.
d) The exporter, in the case of a trader, is able to obtain
a declaration by the producer confirming the originating status of the good and
the readiness of the producer to cooperate in verification in accordance with
laws and regulations.
e) The exporter has a well-maintained bookkeeping and
record-keeping system, in accordance with the laws and regulations of the
exporting Party.
2. The competent authority of an the exporting Party shall
grant the approved exporter authorisation in writing or electronically, provide
the approved exporter an authorisation code, and provide the information of the
approved exporter in accordance with Clause 4 of this Article.
3. An approved exporter shall complete declarations of
origin only for goods for which it has been allowed to do so and for which it
has all appropriate documents proving the originating status of such goods.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The legal name and address of the exporter.
b) The approved exporter authorisation code.
c) The issuance date and, if applicable, the expiry date of
its approved exporter authorisation.
d) A list of goods subject to the authorisation, at least at
the HS Chapter level.
5. Any change in the items referred to in points a through d
Clause 4 of this Article, or withdrawals or suspensions of authorisations,
shall be promptly notified to the Parties. If the competent authority of the
exporting Party has established its own secured website that is accessible to
the Parties, it shall be not required to provide the information as mentioned
above.
6. The competent authority of the exporting Party shall
monitor the use of the authorisation, including verification of the
declarations of origin by an approved exporter, and withdraw the authorisation
where the conditions referred to in Clause 1 of this Article are not met.
7. An approved exporter shall be prepared to comply with
procedures for verification of the originating status of the goods concerned of
the customs authorities of the importing Party, submit all appropriate
documents proving the originating status of the goods concerned, including statements
from the suppliers or producers in accordance with the laws and regulations of
the importing Party as well as the fulfillment of the other requirements of
this Circular.
8. The provisions of this Article apply to the approved
exporters that complete declarations of origin for goods imported to Vietnam
from the Parties.
Article 21. C/O
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The exporter, producer, or their authorised
representative shall apply in writing or by electronic means for a C/O, to the
C/O issuing body of the exporting Party in accordance with the exporting
Party’s laws, regulations, and procedures.
3. A C/O shall:
a) bear a unique C/O number.
b) be in the English language.
c) bear an authorized signature and official seal of the C/O
issuing body of the exporting Party. The signature and seal shall be applied
manually or electronically.
d) indicate two or more invoices issued for single shipment.
dd) contain multiple goods, provided that each good
qualifies as an originating good separately in its own right.
e) specify that the good is originating and meets the
requirements of this Circular.
g) contain information which meets the minimum information
requirements as set out in Annex II enclosed herewith.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. In circumstances where a C/O contains incorrect
information, the C/O issuing body of the exporting Party may:
a) issue a new C/O and invalidate the original C/O; or
b) make modifications to the original C/O by striking out
errors and making any additions or corrections. Any changes shall be certified
by the authorised signature and official seal of the C/O issuing body of the
exporting Party.
6. Where a C/O has not been issued at the time of shipment
due to involuntary errors, omissions, or other valid causes, or in the
circumstances referred to in Point a Clause 5 of this Article, a C/O may be
issued retrospectively but no later than 01 year after the date of shipment. In
that case, the C/O shall bear the words “ISSUED RETROACTIVELY”.
7. In the event of theft, loss, or destruction of an
original C/O, the exporter, producer, or their authorised representative may
apply in writing to the C/O issuing body of the exporting Party for a certified
true copy of the original C/O. The copy shall:
a) be issued no later than 01 year after the date of
issuance of the original C/O.
b) be based on the application for the original C/O.
c) contain the same C/O number and date as the original C/O.
d) be endorsed with the words “CERTIFIED TRUE COPY”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 22. Back-to-back proof of
origin
1. A C/O issuing body, or approved exporter of an
intermediate Party may issue a back-to-back proof of origin, provided that:
a) A valid original proof of origin or its certified true
copy is presented.
b) The period of validity of the back-to-back proof of
origin does not exceed the period of validity of the original proof of origin.
c) The back-to-back proof of origin contains relevant
information from the original proof of origin in accordance with Annex II enclosed
herewith.
d) The consignment which is to be re-exported using the
back-to-back proof of origin does not undergo any further processing in the
intermediate Party, except for repacking or logistics activities such as
unloading, reloading, storing, splitting up of the consignment, or labelling
only as required by the laws, regulations, procedures, administrative
decisions, and policies of the importing Party, or any other operations
necessary to preserve a good in good condition or to transport a good to the
importing Party.
dd) For partial export shipments, the partial export
quantity shall be shown instead of the full quantity of the original proof of
origin, and the total quantity re-exported under the partial shipment shall not
exceed the total quantity of the original proof of origin.
e) Information on the back-to-back proof of origin includes
the date of issuance and reference number of the original proof of origin.
2. The verification procedures referred to in Article 24 of
this Circular shall also apply to the back-to-back proof of origin.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The customs authorities of an importing Party shall not deny
a claim for preferential tariff treatment for the sole reason that an invoice
was not issued by the exporter or producer of a good provided that the good
meets the requirements in this Circular.
Article 24. Verification
1. For the purposes of determining whether a imported good
qualifies as an originating good, the competent authority of the importing
Party may conduct a verification process by means of:
a) A written request for additional information from the
importer.
b) A written request for additional information from the
exporter or producer.
c) A written request for additional information to the C/O
issuing body or competent authority of the exporting Party.
d) A verification visit to the premises of the exporter or
producer in the exporting Party to observe the facilities and the production
processes of the good and to review the records referring to origin, including
accounting files. A verification visit shall only be undertaken after a
verification process in accordance with Point c of this Clause has been
conducted.
d) Any other procedures to which the concerned Parties may
agree.
2. The importing Party shall conduct the verification
procedures as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) For the purposes of verification of origin as prescribed
in Point c Clause 1 of this Article, the importing Party shall send a written
request with a copy of the proof of origin and the reasons for the request to
the C/O issuing body or competent authority of the exporting Party.
c) For the purposes of verification of origin as prescribed
in Point d Clause 1 of this Article, the importing Party shall request the
written consent of the exporter or producer whose premises are going to be
visited, and the competent authority of the exporting Party and state the
proposed date and location for the visit and its specific purpose.
3. On request of the importing Party, a verification visit
to the premises of the exporter or producer may be conducted with the consent
and assistance of the exporting Party, according to the procedures agreed
between the importing Party and exporting Party.
4. For a verification under Points a through d Clause 1 of
this Article, the importing Party shall:
a) allow the importer, exporter, producer, or the C/O
issuing body or competent authority of the exporting Party between 30 and 90
days from the date of receipt of the written request for information under
Points a through c Clause 1 of this Article to respond.
b) allow the exporter, producer, or the competent authority
to consent or refuse the request within 30 days of the date of its receipt of
the written request for a verification visit under Point d Clause 1 of this
Article.
c) endeavour to make a determination following a
verification within 90 and 180 days of the date of its receipt of the
information necessary to make the determination.
5. For the purposes of Clause 1 of this Article, the
importing Party shall provide a written notification of the result of
verification with the reasons for that result to the importer, exporter, or
producer of the good, or the C/O issuing body or competent authority of the
exporting Party that received the verification request.
6. The customs authority of the importing Party may suspend
the application of preferential tariff treatment while waiting for the result
of verification. The importing Party shall permit the release of the good, but
may require that such release comply with its laws and regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. For the purposes of claiming preferential tariff
treatment, the importer shall submit a valid proof of origin to the customs
authority of the importing Party.
2. The proof of origin may not be required if the customs
value of the originating good imported from the exporting Party does not exceed
US$ 200 (two hundred) or the equivalent amount in the importing Party’s
currency or any higher amount as the importing Party may establish, provided
that the importation does not form part of a series of importations carried out
or planned for the purpose of evading compliance with the requirement that a
proof of origin must be submitted to customs authorities.
3. If the good has been transported through one or more
Parties other than the exporting Party and the importing Party as prescribed in
Point b Clause 1 Article 18 of this Circular, the customs authority may require
the importer to submit supporting evidence as prescribed in Clause 3 Article 18
of this Circular.
4. Where a proof of origin is submitted to the customs
authority after the expiration of the period of time for its submission, such
proof of origin may still be accepted when failure to observe the period of
time results from force majeure or other valid causes beyond the control of the
importer or exporter.
Article 26. Submission of additional
documents for claiming preferential tariff
For the purposes of claiming preferential tariff on the good
not having been granted preferential tariff treatment when following customs
procedures for importation, the importer shall:
1. Make clear statement about the origin of goods and the
statement that the proof of origin will be submitted later on the customs
declaration at the time of following customs procedures.
2. Make additional statement and submit the proof of origin
within the prescribed period of time.
Article 27. Denial of preferential
tariff treatment
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The good does not meet the requirements of this Circular.
b) The importer, exporter, or producer of the good fails or
has failed to comply with any of the relevant requirements of this Circular for
obtaining preferential tariff treatment.
2. If the customs authority of the importing Party denies a
claim for preferential tariff treatment, it shall provide the decision in
writing to the importer that includes the reasons for the decision.
3. The customs authority of the importing Party may deny
preferential tariff treatment in one of the following cases:
a) The customs authority has not received sufficient
information to determine that the good is originating.
b) The exporter, producer, or the competent authority of the
exporting Party fails to respond to a written request for verification in
accordance with Article 24 of this Circular.
c) The request for a verification visit in accordance with
Article 24 is refused.
Article 28. Transitional provisions
for goods in transit
On the date of entry into force of the RCEP Agreement,
preferential tariff treatment shall be granted to a good that meets the
requirements of this Circular, and was being transported to or had not been
imported into the importing Party. The importer shall make and submit the proof
of origin within 180 days of the date of entry into force of the RCEP
Agreement.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where the origin of the goods is not in doubt, the discovery
of minor discrepancies, such as typographical errors, between the statements
made in the proof of origin and those made in the documents submitted to the
customs authority of the importing Party for the purpose of carrying out the
formalities for importing the goods shall not ipso facto invalidate the proof
of origin if it is duly established that the document does in fact correspond
to the goods submitted.
Article 30. Record-keeping
requirement
1. Exporters, producers, C/O issuing bodies, or competent
authorities retain, for at least a period of 03 years from the date of issuance
of the proof of origin, or a longer period in accordance with relevant laws and
regulations of each Party, all records necessary to prove that the good for
which the proof of origin was issued was originating.
2. Importers retain, for at least a period of 03 years from
the date of importation of the good, or a longer period in accordance with
relevant laws and regulations of each Party, all records necessary to prove
that the good was originating.
3. The records referred to in Clause 1 and Clause 2 of this
Article may be maintained in any medium that allows for prompt retrieval,
including in digital, electronic, optical, magnetic, or written form, in
accordance with the Party’s laws and regulations.
Chapter IV
IMPLEMENTATION
Article 31. Implementation
organization
1. Administrative or interpretative matters relating to the
implementation of the Rules of Origin, which have been unanimously agreed upon
by the Parties alternately or by means of reports of meetings of the Joint
Committee and Sub-Committee on Rules of Origin within the meaning of the RCEP
Agreement shall be considered as the basis for implementation by C/O issuing
bodies and customs authorities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 32. Implementation clauses
1. This Circular comes into force from April 04, 2022.
2. C/O issuing bodies shall consider issuing C/O Form RCEP
covering exported goods of Vietnam before the date of entry into force of this
Circular for claiming preferential tariff treatment in accordance with
provisions of the RCEP Agreement and internal laws and regulations of importing
Parties.
3. Customs authorities of importing Parties start accepting
proofs of origin issued on or after January 01, 2022. Procedures for
verification of proofs of origin for granting preferential tariff treatment
shall comply with provisions of RCEP Agreement, Chapter III of this Circular
and other relevant legislative documents./.
MINISTER
Nguyen Hong Dien
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
