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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI CHỦ
NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 08/2021/TB-LPQT
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Hà Nội, ngày 12
tháng 5 năm 2021
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC
TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56
của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Công hàm trao đổi giữa Chính phủ nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ nước Đại hàn Dân quốc để triển khai
nguyên tắc cộng gộp tại Hiệp định thương mại tự do giữa Việt Nam và Liên minh
châu Âu,
ký tại Hà Nội ngày 11 tháng 12 năm 2020, có hiệu lực từ ngày 01 tháng 3 năm
2021.
Bộ Ngoại giao trân trọng gửi bản sao Công hàm
theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG VỤ LUẬT PHÁP
VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
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Ha Noi, 11 December
2020
Excellency,
l have the honour to refer to the Free Trade
Agreement between the Socialist Republic of Viet Nam and the European Union (hereinafter
referred to as “the EVFTA”) signed in Ha Noi on 30 June 2019 and entered into
force on 01 August 2020 and to the recent discussions concerning the
implementation of the provisions relating to cumulation of origin under
Articles 3.7 to 3.11 of Protocol 1 Concerning the Definition of the Concept of
“Originating Products" and Methods of Administrative Cooperation
(hereinafter referred to as “Protocol 1”) of the EVFTA (hereinafter referred to
as the "cumulation provisions"), which read as follows:
“7. Fabrics originating in the Republic of
Korea shall be considered as originating in Viet Nam when further processed or
incorporated into one of the products listed in Annex V to this Protocol
obtained in Viet Nam, provided that they have undergone working or processing
in Viet Nam which goes beyond the operations referred to in Article 6 (Insufficient
Working or Processing).
8. For the purpose of paragraph 7, the origin
of the fabrics shall be determined in accordance with the rules of origin
applicable in the framework of the Free Trade Agreement between the European
Union and its Member States, of the one part, and the Republic of Korea, of the
other part, except for the rules set out in Annex II(a) to the Protocol
concerning the Definition of "Originating Products" and Methods of
Administrative Cooperation of that preferential trade agreement.
9. For the purpose of paragraph 7, the
originating status of the fabrics exported from the Republic of Korea to Viet
Nam to be used in further working or processing shall be established by a proof
of origin as if those fabrics were exported directly from the Republic of Korea
to the Union.
10. The cumulation provided for in paragraphs
7 to 9 applies if:
(a) the Republic of Korea applies with the
Union a preferential trade
agreement in accordance with Article XXIV of
GATT 1994;
(b) the Republic of Korea and Viet Nam have
undertaken and notified to the Union their undertaking to:
(i) comply or ensure compliance with the
cumulation provided for by this Article; and
(ii) provide the administrative cooperation
necessary to ensure the correct implementation of this Protocol both with
regard to the Union and between themselves.
11. Proofs of origin issued by Viet Nam by
application of paragraph 7 shall bear the following entry: "Application of
Article 3(7) of Protocol 1 to the Viet Nam - EU FTA”.”
I have further the honour to propose, on
behalf of the Government of the Socialist Republic of Viet Nam, for the
implementation of the cumulation provisions, that the Government of the
Socialist Republic of Viet Nam and the Government of the Republic of Korea
shall undertake the following:
(i) to comply or ensure compliance with the
cumulation provisions:
(ii) to provide the administrative
cooperation necessary to ensure the correct implementation of the
aforementioned Protocol 1 both with regard to the European Union and between
themselves;
(iii) to cooperate on the procedures for
implementing the cumulation provisions in accordance with their respective laws
and regulations. Competent authorities of the two Governments may conclude an
Administrative Arrangement that sets out the measures necessary for the
implementation of the cumulation provisions; end
(iv) to notify the European Union of the
foregoing joint undertaking (i) and (ii); and agree that the Joint Undertaking
Notification shall be jointly notified to the European Union by the two
Governments.
If the above proposal is acceptable to the
Government of the Republic of Korea, I have the honour to propose that this Note,
together with Your Excellency's Note in reply indicating acceptance, shall
constitute an agreement between the two Governments which shall enter into
force on the first day of the first month following the month in which the
European Union notifies the Government of the Socialist Republic of Viet Nam
and the Government of the Republic of Korea of its receipt of the Joint
Undertaking Notification, which will be given to the European Union by the two
Governments after Your Excellency’s reply. This Note is done in the English
language.
I avail myself of this opportunity to renew
to Your Excellency the assurances of my highest consideration.
Tran Tuan Anh
Minister of Industry and Trade
of the Socialist Republic of Viet Nam
Ha Noi, Viet Nam
His Excellency
Sung Yunmo
Minister of Trade, Industry and Energy
of the Republic of Korea
Ha Noi, 11 December
2020
Excellency,
I have the honour to acknowledge receipt of
Your Excellency's Note dated 11 December 2020, which reads as follows:
“I have the honour to refer to the Free Trade
Agreement between the Socialist Republic of Viet Nam and the European Union
(hereinafter referred to as "the EVFTA") signed in Ha Noi on 30 June
2019 and entered into force an 01 August 2020 and to the recent discussions
concerning the implementation of the provisions relating to cumulation of
origin under Articles 3.7 to 3.11 of Protocol 1 Concerning the Definition of
the Concept of "Originating Products" and Methods of Administrative
Cooperation (hereinafter referred to as “Protocol 1”) of the EVFTA (hereinafter
referred to as the “cumulation provisions”), which read as follows:
“7. Fabrics originating in the Republic of
Korea shall be considered as originating in Viet Nam when further processed or
incorporated into one of the products listed in Annex V to this Protocol
obtained in Viet Nam, provided that they have undergone working or processing
in Viet Nam which goes beyond the operations referred to in Article 6 (Insufficient
Working or Processing).
8. For the purpose of paragraph 7. the origin
of the fabrics shall be determined in accordance with the rules of origin
applicable in the framework of the Free Trade Agreement between (be European
Union and its Member Stales, of the one part, and the Republic of Korea, of the
other part, except for the rules set out in Annex II(a) to the Protocol
concerning the Definition of “Originating Products” and Methods of
Administrative Cooperation of that preferential trade agreement.
9. For the purpose of paragraph 7, the
originating status of the fabrics exported from the Republic of Korea to Viet
Mam to be used in further working or processing shall be established by a proof
of origin as if those fabrics were exported directly from the Republic of Korea
to the Union.
10. The cumulation provided for in paragraphs
7 to 9 applies if:
(a) the Republic of Korea applies with the
Union a preferential trade agreement in accordance with Article XXIV of GATT
1994;
(b) the Republic of Korea and Viet Nam have
undertaken and notified to the Union their undertaking to:
(i) comply or ensure compliance with the
cumulation provided for by this Article; and
(ii) provide the administrative cooperation
necessary to ensure the correct implementation of this Protocol both with
regard to the Union and between themselves.
11. Proofs of origin issued by Viet Nam by
application of paragraph 7 shall bear the following entry: "Application of
Article 3(7) of Protocol 1 to the Viet Nam - EU FTA”.”
I have further the honour to propose, on
behalf of the Government of the Socialist Republic of Viet Nam, for the
implementation of the cumulation provisions, that the Government of the
Socialist Republic of Viet Nam and the Government of the Republic of Korea
shall undertake the following:
(i) to comply or ensure compliance with the
cumulation provisions;
(ii) to provide the administrative
cooperation necessary to ensure the correct implementation of the
aforementioned Protocol 1 both with regard to the European Union and between
themselves;
(iii) to cooperate on the procedures for
implementing the cumulation provisions in accordance with their respective laws
and regulations. Competent authorities of the two Governments may conclude an
Administrative Arrangement that sets out the measures necessary for the
implementation of the cumulation provisions; and
(iv) to notify the European Union of the
foregoing joint undertaking (i) and (ii), and agree that the Joint Undertaking
Notification shall be jointly notified to the European Union by the two
Governments.
If the above proposal is acceptable to the
Government of the Republic of Korea, I have the honour to propose that this
Note, together with Your Excellency's Note in reply indicating acceptance,
shall constitute an agreement between the two Governments which shall enter into
force on the first day of the first month following the month in which the
European Union notifies the Government of the Socialist Republic of Viet Nam
and the Government of the Republic of Korea of its receipt of the Joint
Undertaking Notification, which will be given to the European Union by the two
Governments after Your Excellency's reply. This Note is done in the English
language.
I avail myself of this opportunity to renew
to Your Excellency the assurances of my highest consideration."
I have the honour to confirm, on behalf of
the Government of the Republic of Korea, that the proposal contained in Your
Excellency's Note is acceptable to the Government of the Republic of Korea and
that Your Excellency's Note, together with this Note in reply, shall constitute
an agreement between the two Governments which shall enter into force on the
first day of the first month following the month in which the European Union
notifies the Government or the Republic of Korea and the Government of the
Socialist Republic of Viet Nam of its receipt of the Joint Undertaking
Notification, which will be given to the European Union by the two Governments.
This Note is done in the English language.
I avail myself of this opportunity to renew
to Your Excellency the assurances of my highest consideration.
Sung Yunmo
Minister of Trade, Industry and Energy
of the Republic of Korea
His Excellency
Tran Tuan Anh
Minister of Industry and Trade
of the Socialist Republic of Viet Nam