Thông tư 04/2024/TT-BCT sửa đổi Thông tư 20/2014/TT-BCT thực hiện Quy tắc xuất xứ trong Hiệp định khu vực thương mại tự do ASEAN - Hàn Quốc do Bộ trưởng Bộ Công thương ban hành

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 20/2014/TT-BCT DATED JUNE 25, 2014 OF MINISTER OF INDUSTRY AND TRADE OF VIETNAM PRESCRIBING RULES OF ORIGIN IN ASEAN - KOREA FREE TRADE AGREEMENT

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 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 providing guidelines for implementation of the Law on Foreign Trade Management regarding origin of goods;

For the purposes of the Third Protocol to amend the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and Korea, signed on November 22, 2015 at Kuala Lumpur, Malaysia, under the framework of the 27^th ASEAN Summit, ratified by the Government under the Resolution No. 150/NQ-CP dated September 22, 2023;

At the request of the Director of the Agency of Foreign Trade;

The Minister of Industry and Trade of Vietnam promulgates a Circular providing amendments to Circular No. 20/2014/TT-BCT dated June 25, 2014 of Minister of Industry and Trade of Vietnam prescribing rules of origin in the ASEAN - Korea Free Trade Agreement.

Article 1. Amendments to appendices enclosed with Circular No. 20/2014/TT-BCT dated June 25, 2014 of Minister of Industry and Trade of Vietnam prescribing rules of origin in ASEAN - Korea Free Trade Agreement

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 “Article 4. Not Wholly Obtained or Produced Goods

1. For the purposes of Point b Clause 1 Article 2, a good, except those covered under Article 5 as provided for in this Appendix, shall be deemed to be originating if the regional value content (hereinafter referred to as the “RVC”) is not less than 40% of the FOB value or if a good has undergone a change in tariff classification at 4 (four) digit-level (change of tariff heading) of the Harmonized System.

2. RVC shall be calculated adopting one of the following two formulas:

a) Direct formula:

RVC =

VOM

x 100%

FOB

Where:
“VOM” means value of originating materials, which includes the value of originating materials, direct labour cost, direct overhead cost, transportation cost and profit.

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b) Indirect formula:

RVC =

FOB - VNM

x 100%

FOB

Where:
“VNM” means value of non-originating materials or materials of undetermined origin, which shall be:

b1) the CIF value at the time of importation of the materials, parts or goods; or

b2) the earliest ascertained price paid for the materials, parts or goods of undetermined origin in the territory of the Party where the working or processing has taken place.

3. An exporter or producer of the exporting Party shall be given the flexibility to adopt the method of calculating the RVC, whether it is the direct or indirect method as prescribed in clause 2 of this Article. The exporter or producer shall continue to use the selected method of calculating the RVC throughout the same fiscal year. Any verification of the RVC by the importing Party shall be done on the basis of the method of calculating the RVC used by the exporter or producer.”.

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 “1. A C/O shall be:

a) in a printed format which is manually or electronically signed, stamped and issued directly by the C/O issuing authorities of the exporting Party;

b) on A4 size paper;

c) in the attached Form in Appendix VI-A enclosed with the Circular No. 20/2014/TT-BCT, which is called as C/O Form AK;

d) in the English language.”.

Article 2. Change of name of “ASEAN - Korea Free Trade Agreement” in Circular No. 20/2014/TT-BCT

The “ASEAN - Korea Free Trade Agreement” is renamed as “Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and Korea”.

Article 3. Implementation

This Circular comes into force from May 11, 2024./.

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PP. MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan