Circular No. 22/2016/TT-BCT

CIRCULAR

IMPLEMENTING THE RULES OF ORIGIN UNDER THE ASEAN TRADE IN GOODS AGREEMENT

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 19/2006/ND-CP dated February 20, 2006, detailing the Commercial Law regarding origin of goods;

In implementation of the ASEAN Trade in Goods Agreement signed on February 26, 2009 at the 14th Summit in Cha-am, Thailand among the member countries of the Association of Southeast Asian Nations;

In implementation of the Protocol on the Legal Framework to Implement the ASEAN Single Window, signed in Hanoi, Viet Nam on September 4, 2015;

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

The Minister of Industry and Trade promulgates the Circular implementing the rules of origin under the ASEAN Trade in Goods Agreement.

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the implementation of the rules of origin under the ASEAN Trade in Goods Agreement (hereinafter referred to as ATIGA).

2. This Circular applies to agencies, organizations and individuals engaged in activities related to origin of goods under ATIGA.

Article 2. Rules of origin

Issued together with this Circular are the following Appendices guiding the implementation of Chapter 3 on Rules of Origin and the procedures for the issuance and verification of C/O under ATIGA:

1. Rules of origin (Appendix I).

2. Product Specific Rules (Appendix II).

3. Substantial transformation criteria for textile and garment products (Appendix III).

4. List of information technology products (ITA) (Appendix IV).

5. Principles and guidelines for calculating regional value content (Appendix V).

6. Guidelines on partial cumulation (Appendix VI).

7. Issuance and verification of C/O (Appendix VII).

8. Form of C/O form D (Appendix VIII).

9. Instructions for completing the C/O (Appendix IX).

10. List of C/O issuing bodies (Appendix X).

Article 3. Procedures for the issuance and verification of C/O and self-certification of origin

1. The procedures for the issuance and verification of C/O shall comply with Appendix VII issued together with this Circular and Circular No. 06/2011/TT-BCT dated March 21, 2011 of the Minister of Industry and Trade providing the procedures for issuing preferential Certificates of Origin, and Circular No. 01/2013/TT-BCT dated January 3, 2013 of the Minister of Industry and Trade amending and supplementing Circular No. 06/2011/TT-BCT.

2. The pilot self-certification of origin scheme under ATIGA shall comply with the current regulations of the Ministry of Industry and Trade. Goods whose origin is self-declared by traders under this scheme must satisfy the rules of origin provided in this Circular.

Article 4. Effect

1. This Circular takes effect from November 15, 2016.

2. This Circular annuls Circular No. 21/2010/TT-BCT dated May 17, 2010 of the Minister of Industry and Trade implementing the rules of origin under the ASEAN Trade in Goods Agreement and Circular No. 42/2014/TT-BCT dated November 18, 2014 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 21/2010/TT-BCT./.