Circular No. 01/2024/TT-BCT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF CIRCULAR No. 21/2016/TT-BCT DATED SEPTEMBER 20, 2016 OF THE MINISTER OF INDUSTRY AND TRADE PROVIDING FOR THE IMPLEMENTATION OF RULES OF ORIGIN UNDER THE FREE TRADE AGREEMENT BETWEEN VIET NAM AND THE EURASIAN ECONOMIC UNION

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;

Pursuant to the Government's Decree No. 31/2018/ND-CP dated March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods;

At the proposal of the Director of the Import-Export Department;

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of Circular No. 21/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade providing for the implementation of rules of origin under the Free Trade Agreement between Viet Nam and the Eurasian Economic Union.

Article 1. Amendments and supplements to a number of articles of Circular No. 21/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade providing for the implementation of rules of origin under the Free Trade Agreement between Viet Nam and the Eurasian Economic Union, as amended and supplemented by Circular No. 11/2018/TT-BCT dated May 29, 2018 of the Minister of Industry and Trade amending and supplementing Circular No. 21/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade providing for the implementation of rules of origin under the Free Trade Agreement between Viet Nam and the Eurasian Economic Union

1. To replace Appendix II - Product Specific Rules (PSR) provided in Clause 2, Article 2 of Circular No. 21/2016/TT-BCT (already replaced by the Appendix in Article 2 of Circular No. 11/2018/TT-BCT) with the Appendix issued together with this Circular.

2. To amend and supplement Article 3 of Circular No. 21/2016/TT-BCT (as amended and supplemented by Article 1 of Circular No. 11/2018/TT-BCT) as follows:

The certification and verification procedures for the Certificate of Origin (C/O) shall comply with Appendix I issued together with Circular No. 21/2016/TT-BCT; the Government's Decree No. 31/2018/ND-CP dated March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods; and the legal provisions on origin of goods.

Article 2. Implementation provisions

1. This Circular takes effect from March 1, 2024.

2. C/O-issuing authorities and organizations shall consider issuing C/O form EAV under the HS 2022 version of the PSR provided in the Appendix issued together with this Circular, including the retrospective issuance of C/O for export consignments delivered from October 1, 2023, so that they may enjoy tariff preferences under the Free Trade Agreement between Viet Nam and the Eurasian Economic Union.

3. Customs authorities shall accept C/O form EAV issued from October 1, 2023 under the HS 2022 version of the PSR. The procedures for verifying C/O form EAV for the granting of tariff preferences shall comply with the Free Trade Agreement between Viet Nam and the Eurasian Economic Union and the relevant legal documents.

4. This Circular annuls Circular No. 11/2018/TT-BCT dated May 29, 2018 of the Minister of Industry and Trade amending and supplementing Circular No. 21/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade providing for the implementation of rules of origin under the Free Trade Agreement between Viet Nam and the Eurasian Economic Union./.