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THE
MINISTER OF TRADE
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.
3188/2005/QD-BTM
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Ha
Noi, December 30, 2005
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DECISION
PROMULGATING
AMENDMENTS AND SUPPLEMENTS TO THE REGULATION ON ISSUANCE OF VIETNAMS CERTIFICATE
OF GOODS ORIGIN - FORM D TO ENJOY PREFERENCES UNDER THE AGREEMENT ON COMMON
EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ESTABLISHMENT OF THE ASEAN
FREE-TRADE AREA (AFTA)
THE MINISTER OF TRADE
Pursuant to the Governments
Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks,
powers and organizational structure of the Trade Ministry;
At the proposal of the director of the Import and Export Department,
DECIDES:
Article 1.- To
supplement Appendix 8 to the Trade Ministers Decision No. 1420/2004/QD-BTM of
October 4, 2004, promulgating the Regulation on issuance of Vietnams
certificate of goods origin form D to enjoy preferences under the Agreement on
Common Effective Preferential Tariff (CEPT) Scheme for the establishment of the
ASEAN Free-Trade Area (AFTA) on the rules of origin applicable to wood and
aluminum commodity items.
Article 2.- This Decision
takes effect 15 days after its publication in CONG BAO.
Article 3.- The director
of the Office, the director of the Organization and Personnel Department, the
director of the Import and Export Department, and heads of concerned agencies
under the Trade Ministry shall have to implement and guide the implementation
of this Decision.
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FOR
THE TRADE MINISTER
VICE MINISTER
Phan The Rue
SUPPLEMENT TO APPENDIX 8
(Promulgated
together with the Trade Ministers Decision No.3188/2005/QD-BTM of December 30,
2005)
RULES
OF ORIGIN FOR THE CEPT AGREEMENT APPLICABLE TO WOOD AND ALUMINUM COMMODITY
ITEMS SUBSTANTIAL TRANSFORMATION CRITERION
A. GENERAL REGULATIONS:
Rule 1: A country of origin is
where the last stage of substantial transformation is carried out to create a
new product. Raw materials and auxiliary materials which have undergone the
substantial transformation in a country shall be considered product of that
country.
Rule 2: For a product, of which
the manufacturing process takes place in two or more countries, its country of
origin shall be where the substantial transformation or the processing for
creation of a new product occurs.
Rule 3: A product shall be
considered having been substantially transformed if it has been changed through
the manufacturing or processing process for creation of a new commercial
product.
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(i) Its commercial nature or
design
(ii) Its substantial
characteristics
(iii) Its commercial
utilities
B. FOR WOOD PRODUCTS:
1. Wood products governed by this
regulation mean those under the following HS codes:
(i) HS codes in Chapter 44
(ii) HS codes from 94.01 to
94.03 and 94.06
2. When wood products are
decided to have been substantially transformed or not, the following conditions
must be complied with:
2.1. Substantial changes made to
raw materials in the manufacturing or processing process shall adhere to the
principle of change of subheadings in the Tariff (6-digit HS codes).
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2.2.1: Being planed, cut into
pieces, polished or dressed with accessories, such as decoration fabric; or
2.2.2. Coated and/or painted
with chemicals or natural substances.
C. For aluminum products, the
following substantial transformation criteria must be satisfied:
Chapter 76
ALUMINUM AND ARTICLES THEREOF
Headings/
Sub-headings
Description of commodities
Transformation criteria
76.01
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Change of chapter (CC) (obtained
from 26.06)
7601.10
- Aluminum, not alloyed
7601.20
- Aluminum alloys
76.02
Aluminum waste and scrap
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76.03
Aluminum powders and flakes
Change to heading (CTH)
7603.10
- Powders of non-lamellar
structure
7603.20
- Powders of lamellar
structure; flakes
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Aluminum bars, rods and
profiles
Change to heading (CTH)
7604.10
- Of aluminum, not alloyed
- Of aluminum alloys
7604.21
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7604.29
- - Other:
76.05
Aluminum wire
Change to heading (CTH),
except for 76.04
- Of aluminum, not alloyed:
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7605.11
- - Of which the maximum
cross-sectional dimension exceeds 7 mm
7605.19
- - Other
- Of aluminum alloy:
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- - Of which the maximum
cross-sectional dimension exceeds 7 mm
7605.29
- - Other:
76.06
Aluminum plates, sheets and
strips, of a thickness exceeding 0.2 mm
Change to heading (CTH)
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7606.11
- - Of aluminum, not alloyed
7606.12
- - Of aluminum alloys
- Other:
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7606.91
- - Of aluminum, not alloyed
7606.92
- - Of aluminum alloys
76.07
Aluminum foils (whether or not
printed or backed with paper, paperboard, plastics or similar backing
materials), of a thickness (excluding any backing) not exceeding 0.2 mm
Change to heading (CTH) (except
for headings from 76.06 thru 76.16)
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- Not backed
7607.11
- - Rolled but not further
worked
7607.19
- - Other
7607.20
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76.08
Aluminum tubes and pipes
Change to heading (CTH)
7608.10
- Of aluminum, not alloyed
7608.20
- Of aluminum alloys
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76.09
Aluminum tube or pipe fittings
(for example, couplings, elbows, sleeves)
Change to heading (CTH)
76.10
Aluminum structures (excluding
prefabricated house structures of heading No. 94.06) and parts of structures
(for example, bridges and bridge spans, sluice gates, towers, lattice masts,
roofs, roofing frameworks, doors and windows and their frames and threshold
for doors, balustrades, railings, pillars and columns); aluminum plates,
rods, profiles, tubes and the like, prepared for use in structures
Change to heading (CTH)
7610.10
- Doors, windows and their
frames and thresholds for doors
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- Other
76.11
Aluminum reservoirs, tanks,
vats and similar containers, for any material (other than compressed or
liquefied gas), of a capacity exceeding 300 liters, whether or not lined or
heat-insulated, but not fitted with mechanical or thermal equipment
Change to heading (CTH)
76.12
Aluminum casks, drums, cans,
boxes and similar containers (including rigid or collapsible tubular
containers), for any material (other than compressed or liquefied gas), of a
capacity not exceeding 300 liters, whether or not lined or heat-insulated,
but not fitted with mechanical or thermal equipment
Change to heading (CTH)
7612.10
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7612.90
- Other
76.13
Aluminum containers for
compressed or liquefied gas
Change to heading (CTH)
76.14
Stranded wire, cables, plaited
bands and the like, of aluminum, not electrically insulated
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7614.10
- With steel core
7614.90
- Other
76.15
Table, kitchen or other
household articles and parts thereof, of aluminum; pot scourers and scouring
or polishing pads, gloves and the like, of aluminum; sanitary ware and ports
thereof, of aluminum
Change to heading (CTH)
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- Table, kitchen or other
household articles and parts thereof, of aluminum, gloves and the like
7615.11
- - Pot scourers and scouring
or polishing pads, gloves and the like
7615.19
- - Other
7615.20
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76.16
Other articles of aluminum
Change to heading (CTH)
7616.10
- Nails, tacks, staples (other
than those of heading No. 83.05), screws, bolts, nuts, screw hooks, rivets, cotters,
cotter-pins, washers and the like:
- Other
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7616.91
- - Cloth, grill, netting and
fencing, of aluminum wire
7616.99
- - Other
D. CERTIFICATE OF ORIGIN:
Procedures for issuing
certificate of origin, form D used for the CEPT/AFTA origin regulation are
provided for in Appendix 2 to the Trade Ministers Decision No. 1420/2004/QD-BTM
of October 4, 2004.
Certificate of origin
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Rule 6: When two or more
countries are involved in the manufacturing process to create the aforesaid
products, the country where the last stage of substantial transformation or
processing takes place shall issue certificates of origin.
Rule 7: Certificates of origin
must be produced at customs authorities of countries of importation together
with other relevant documents.
Rule 8: When a dispute arises
over the truthfulness of ASEAN origin, it shall be settled according to the
ASEANs dispute settlement mechanism (DSM). In this case, customs offices shall
clear goods suspected of origin truthfulness after the importer supplies to the
customs a written certification of the country of exportation.