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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
09/2022/TT-BCT
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Hanoi, June 01,
2022
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CIRCULAR
AMENDMENTS TO
CIRCULAR NO. 40/2015/TT-BCT DATED NOVEMBER 18, 2015 OF MINISTER OF INDUSTRY AND
TRADE PRESCRIBING RULES OF ORIGIN IN FREE TRADE AGREEMENT BETWEEN VIETNAM AND KOREA
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 of
Vietnam;
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 purpose of the Diplomatic Note on
amendments to the Product Specific Rules (Annex 3-A) of the Free Trade
Agreement between Vietnam and Korea signed by and between the Minister of
Industry and Trade of Vietnam and the Minister of Trade, Industry and Energy of
Korea on December 22, 2021;
At the request of the Director of the Agency of
Foreign Trade;
The Minister of Industry and Trade of Vietnam
promulgates a Circular on amendments to the Circular No. 40/2015/TT-BCT dated
November 18, 2015 of the Minister of Industry and Trade of Vietnam prescribing
Rules of Origin in the Free Trade Agreement between Vietnam and Korea
(hereinafter referred to as “Circular No. 40/2015/TT-BCT”).
Article 1. Amendments to Circular No.
40/2015/TT-BCT
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The Product Specific Rules (Annex II) in Clause 2
Article 1 of the Circular No. 40/2015/TT-BCT is replaced with the Annex
enclosed herewith.
2. Article 2 of the
Circular No. 40/2015/TT-BCT is amended as follows:
“Procedures for issuance and verification of
C/O – Form VK of Vietnam shall be followed according to the provisions of Annex
IV enclosed herewith, the Government’s Decree No. 31/2018/ND-CP dated March 08,
2018 on guidelines for the Law on foreign trade management in terms of origin
of goods and the Circular No. 05/2018/TT-BCT dated April 03, 2018 by the
Minister of Industry and Trade of Vietnam on origin of goods.”
Article 2. Implementation
1. This Circular comes into force from August 01,
2022.
2. If any legislative documents referred to in this
Circular are amended or replaced, the new ones shall apply./.
MINISTER
Nguyen Dong Dien
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ANNEX
PRODUCT
SPECIFIC RULES
(Enclosed with the Circular No. 09/2022/TT-BCT dated June 01, 2022 of the
Minister of Industry and Trade of Vietnam on amendments to the Circular No.
40/2015/TT-BCT)
Article 1. General
provisions
1. The Product Specific Rules
in this Annex are structured on the basis of the Harmonized System (HS 2017).
In the event of any inconsistency between the description set out in this Annex
and the description set out in the legal text of the Harmonized System
established by the World Customs Organization, the description set out in the
latter shall prevail.
2. The specific rule of origin,
or specific set of rules of origin, that applies to a particular HS subheading,
is set out immediately adjacent to that subheading.
3. When a subheading is subject
to alternative specific rules of origin, the rule will be considered to be met
if a good satisfies one of the alternatives.
4. Where a specific rule of
origin is defined using the criterion of a change in tariff classification,
each of the non-originating materials used in the production of the good shall
be required to undergo the applicable change in tariff classification. A
requirement of a change in tariff classification shall apply only to
non-originating materials.
5. Where a specific rule of
origin is defined using the criterion of a change in tariff classification, and
the rule is written to exclude tariff provisions at the level of a chapter,
heading or subheading of the Harmonized System, materials classified in those
excluded provisions must be be originating for the good to qualify as
originating.
Article 2. Definitions
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Chapter means the first
2 (two) digits of the tariff classification number under the Harmonized System;
Heading means the first
4 (four) digits of the tariff classification number under the Harmonized
System;
Subheading means the
first 6 (six) digits of the tariff classification number under the Harmonized
System.
2. For the purposes of column 5
of this Annex, these terms are construed as follows:
CC means that all
non-originating materials used in the production of the good have undergone a
change in tariff classification at the 2 (two)-digit level;
CTH means that all
non-originating materials used in the production of the good have undergone a
change in tariff classification at the 4 (four)-digit level;
CTSH means that all
non-originating materials used in the production of the good have undergone a
change in tariff classification at the 6 (six)-digit level;
RVC(XX) means that the
good must have a regional value content of not less than XX percent (%) as
calculated under Clause 2, Article 4 of Annex I enclosed with the Circular No.
40/2015/TT-BCT;
WO means that the good
must be wholly produced or obtained in the territory of a Party in accordance
with Article 3 of Annex I enclosed with the Circular No. 40/2015/TT-BCT.