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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
07/2019/TT-BCT
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Hanoi, April
19, 2019
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CIRCULAR
EXPORT OF TEXTILE AND APPAREL GOODS TO MEXICO UNDER
COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP
Pursuant to Law on Foreign Trade Management
dated June 12, 2017;
Pursuant to Resolution No. 72/2018/QH14 dated
November 12, 2018 of National Assembly on approval of the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as
“CPTPP") and relevant documents;
Pursuant to Decree No. 98/2017/ND-CP dated
August 18, 2017 of the Government on functions, tasks, powers, and
organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 69/2018/ND-CP dated
May 15, 2018 of Government on elaborating to a number of articles of Law on
Foreign Trade Management;
Pursuant to Decree No. 31/2018/ND-CP dated
March 08, 2018 of Government on elaborating to a number of articles of Law on
Foreign Trade Management regarding Goods Origins;
At the request of Director General of Agency
of Foreign Trade,
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Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Circular prescribes tariff
quota and monitor system with respect to textile and apparel goods exported to
Mexico under CPTPP.
Article 2.
Regulated entities
This Circular applies to
businesspersons exporting textile and apparel goods to Mexico and relevant
organizations and persons.
Chapter
II
PREFERENTIAL TARIFF
TREATMENT BASED ON TARIFF QUOTAS
Article 3.
Tariff quota on export of textile and apparel goods to Mexico
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2. Amount of quotas on textile
and apparel goods exported to Mexico in 2019 is specified in Annex I attached
to Circular.
3. Ministry of Industry and
Trade shall promptly publicize quota amounts applicable to following years
after receiving notice of competent authorities of Mexico.
Article 4.
Regulations on preferential tariff treatment
Textile and apparel goods
exported to Mexico will benefit from preferential tariff treatment set forth
under CPTPP when following conditions are satisfied:
1. The goods are issued with
Certificate of Origin form CPTPP by competent agencies as prescribed in
Circular No. 03/2019/TT-BCT dated January 22, 2019 of Ministry of Industry and
Trade on goods origin regulations under the Comprehensive and Progressive
Agreement for Trans-Pacific Partnership.
2. The goods are issued with
Certificate of Eligibility by competent agencies as prescribed in Article 7 of
this Circular.
The Certificate of Eligibility
is not required for textile and apparel goods mentioned in Points b and D
Clause 3 of this Article.
3. The goods satisfy any of
following regulations on goods origin:
a) Textile and apparel goods
listed under tariff quota No. 01, 02 and 03 specified in Annex I when using
items listed under the Short supply list of products specified in Annex II of this
Circular shall be exempt from Mexican import duties; or
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c) Textile and apparel goods
listed under tariff quota No. 04 specified in Annex I of this Circular and
complying with regulations on goods origin specified in the CPTTP and Circular
No. 03/2019/TT-BCT dated January 22, 2019 of Ministry of Industry and Trade on
goods origin regulations under the Comprehensive and Progressive Agreement for
Trans-Pacific Partnership shall benefit from the Mexican import tariff rates
specified in the CPTPP; or
d) Textile and apparel goods
listed beyond the tariff quota No. 04 specified in Annex I of this Circular and
complying with regulations on specific origin of goods specified in Article 5
of this Circular shall benefit from the Mexican import tariff rates specified
in the CPTPP.
Article 5.
Regulations on specific origin of goods
1. Change in Chapter
(CC), except from heading 5106 to 5113, from heading 5204 to 5212, from heading
5401 to 5402, from sub-heading 5403.33 to 5403.39, from sub-heading 5403.42 to
sub-headings of heading 5408, from heading 5508 to 5516, or from heading 6001
to 6006, provided that goods are cut or woven into form or both and sewn or
assembled in terriory of one or many signatories of the CPTPP.
2. Change in Chapter
(CC), except from heading 5106 to 5113, from heading 5204 to 5212, from heading
5401 to 5402, from sub-heading 5403.33 to 5403.39, from sub-heading 5403.42 to
sub-headings of heading 5408, from heading 5508 to 5516, from heading 5801 to
5802, or from heading 6001 to 6006, provided that goods are cut or woven into
form or both and sewn or assembled in terriory of one or many signatories of
the CPTPP.
3. With respect to
towels and diapers for newborns or similar items made out of synthetic fibers
under heading 9619: Change in Tariff Heading (CTH), except from heading 5106 to
5113, from heading 5204 to 5212 or from heading 5401 to 5402, from sub-heading
5403.33 to 5403.39 or from sub-heading 5403.42 to 5403.49, from heading 5404 to
5408, chapter 55, or heading 5606, from heading 5801 to 5802, 5903 or from 6001
to 6006, or from chapter 61 to chapter 62, provided that goods are cut or woven
into form or both and sewn or assembled in terriory of one or many signatories
of the CPTPP.
Chapter
III
REGULATIONS ON
IMPLEMENTATION OF TARIFF QUOTA ON EXPORT OF TEXTILE AND APPAREL GOODS TO MEXICO
Article 6. Regulations on
implementation of tariff quota
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2. The Certificate of
Eligibility shall be automatically issued to exported shipments.
3. The Certificate of
Eligibility shall be issued based on balanced quota amount on website following
a first-come, first-served basis until the quota amount is completely depleted.
Periods of receipt of documents shall be automatically updated on website of
Ministry of Industry and Trade.
4. Ministry of Industry and
Trade shall publicize quota amount and weight of the website thereof.
5. Businesspersons having the
need to benefit from preferential tarif treatment specified in this Circular
shall follow tariff quota on textile and apparel goods that are exported to
Mexico on the website to submit application for the Certificate of Eligibility
specified in Article 8 of this Circular.
Article 7. Issuing agencies
Agencies issuing the Certificate of Eligibility
of Ministry of Industry and Trade are agencies specified in Annex V of this Circular.
Article 8. Procedures for
issuance of Certificate of Eligibility
1. An application for the Certificate of
Eligibility includes:
A) An application form for the Certificate of
Eligibility (Form No. 01 under Annex III attached hereto);
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The completion of the Certificate of Eligibility
following the instructions specified in Annex IV is to assist issuance of the
Certificate of Eligibility and monitor compliance of relevant regulatory
agencies with CPTPP.
c) A declaration form for export goods that have
completed customs clearance.
2. A businessperson shall complete the
application for the Certificate of Eligibility as specified in Clause 1 of this
Artcile via website of Ministry of Industry and Trade at:
http://www.ecosys.gov.vn.
3. Within 8 (eight) working hours after a
complete application is received, an issuing agency shall post a notice on the
website mentioned above about results of application approval as follows:
a) In case the conditions for issuance of the
Certificate of Eligibility are satisified, Ministry of Industry and Trade shall
inform the businessperson via the website and send the Certificate of
Eligibility via post or directly based on registered information of the
businessperson within 2 (two) working days from the date on which a
confirmation regarding the issuance of Certificate of Eligibility is provided.
b) In case the application for the Certificate
of Eligibility is rejected, Ministry of Industry and Trade shall publicize and
state reasons thereof on their website. With respect to an application requiring
revision(s), deadline for submission of a revised application shall be 2 (two)
working days from the date on which the businessperson is informed; a revised
application that fails to be submitted before the deadline will be
automatically cancelled.
Chapter
IV
MONITOR OF TEXTILE AND
APPAREL GOODS EXPORTED TO MEXICO UNDER CPTPP
Article 9.
Information registration
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2. The businessperson must
actively update the registered information in case of changes regarding
business operation and other information related to the businessperson.
Aricle 10.
Documents storage
A businessperson mentioned in
Article 9 of this Circular is responsible for storing following documents:
1. Documents relating his/her
shipment that will be exported to Mexico such as: an application for the
Certificate of Eligibility, customs documents, bill of transport, an
application for the Certificate of Origin and other relevant documents. The
documents mentioned above must be stored for at least 5 years from the date of
export.
2. Documents proving production
capacity of the businessperson in the last 5 years such as: machinery,
equipment, workforce and other relevant documents.
Chapter V
IMPLEMENTATION
PROVISIONS
Article
11. Implementation
1. Vietnam eCommerce and
Digital Economy Agency shall develop the webiste severing issuance of the
Certificate of Eligibility and registration of information of businesspersons.
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Article
12. Entry into force
1. This
Circular comes into force from June 20, 2019.
2. During
the implementation of this Circular, difficulties including discrepancies between
the Circular and the CPTPP and relevant documents should be reported in written
form to the Ministry for guidance and solution./.
MINISTER
Tran Tuan Anh