Thông tư 09/2022/TT-BCT của Bộ Công thương về sửa đổi Thông tư 40/2015/TT-BCT quy định thực hiện Quy tắc xuất xứ trong Hiệp định Thương mại tự do Việt Nam - Hàn Quốc

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./.

MINISTERNguyen 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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Chaptermeans the first 2 (two) digits of the tariff classification number under the Harmonized System;

Headingmeans the first 4 (four) digits of the tariff classification number under the Harmonized System;

Subheadingmeans 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:

CCmeansthat all non-originating materials used in the production of the good have undergone a change in tariff classification at the 2 (two)-digit level;

CTHmeans 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;

CTSHmeans 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;

WOmeans 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.