Circular No. 49/2025/TT-BCT

CIRCULAR

PROVIDING RULES OF ORIGIN UNDER THE AGREEMENT ON TRADE IN GOODS UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO-OPERATION BETWEEN THE GOVERNMENTS OF THE MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE GOVERNMENT OF THE REPUBLIC OF KOREA

Pursuant to the Government's Decree No. 40/2025/ND-CP dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, as amended by Decree No. 109/2025/ND-CP dated May 20, 2025, defining the functions, tasks, powers and organizational structure of the Government Inspectorate;

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;

Pursuant to the Government's Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation and decentralization of powers in the field of industry and trade;

In implementation of the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Co-operation between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea signed in Kuala Lumpur, Malaysia on August 24, 2006; the Third Protocol to Amend the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Co-operation between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea signed by rotation on November 22, 2015 in Kuala Lumpur, Malaysia within the framework of the 27th ASEAN Summit, approved by the Government in Resolution No. 150/NQ-CP dated September 22, 2023;

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

The Minister of Industry and Trade promulgates the Circular providing rules of origin under the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Co-operation between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the rules of origin under the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Co-operation between the Governments of the Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Government of the Republic of Korea (Korea) (hereinafter referred to as the Agreement).

Article 2. Subjects of application

This Circular applies to:

1. Certificate of Origin (C/O) issuing authorities and organizations.

2. Traders.

3. Agencies, organizations and individuals involved in the origin of exported and imported goods.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. CIF means the value of the imported goods, inclusive of the cost of freight and insurance up to the port or place of entry of the importing country.

2. FOB means the free-on-board value of the goods, inclusive of the cost of transport from the producer to the port or place of final shipment.

3. Goods means materials or products which are wholly obtained, or which are produced solely for use as materials for another subsequent production process.

4. Harmonized System means the Harmonized Commodity Description and Coding System as defined in the International Convention on the Harmonized Commodity Description and Coding System, including all legal notes in force and as amended thereafter.

5. Identical and interchangeable materials means materials of the same kind and commercial quality, possessing the same technical and physical characteristics, and which, once they are incorporated into the finished product, cannot be distinguished from one another as to origin by mere visual examination.

6. Materials means parts, raw materials, spare parts, components and sub-assemblies used in the production process.

7. Non-originating goods means products or materials that do not satisfy the rules of origin provided in this Circular.

8. Originating goods means products or materials that satisfy the rules of origin provided in this Circular.

9. Packing materials and containers for transportation means the cushioning materials and containers used to protect goods during their transportation, other than packing materials and containers for the retail sale of goods.

10. Tariff preferences means the tariff reduction accorded to originating goods, as reflected in the tariff rate applicable under the Agreement.

11. Product Specific Rules means the rules requiring that materials undergo a change in tariff classification or a specific manufacturing or processing operation, or satisfy a regional value content requirement, or a combination of all of these criteria.

12. Production means the methods of obtaining goods, including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling goods.

13. Member State means an ASEAN Member State or Korea.

14. Third country means a country that is not a Member State, or that is a Member State but is neither the importing Member State nor the exporting Member State; accordingly, the term “third countries” is construed in the same manner.

15. Rights to exploit referred to in clause 6 Article 6 of this Circular means the rights of access to the fishery resources of a coastal State, arising from agreements or other arrangements between a Member State and that coastal State concluded at the governmental level or with a duly authorized private entity.

16. International law referred to in clause 6 Article 6 of this Circular means international law that has been generally accepted, such as the United Nations Convention on the Law of the Sea.

17. Chemical reaction means a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

18. Back-to-back C/O Form AK means a C/O issued by an intermediate exporting Member State on the basis of the C/O Form AK issued by the first exporting Member State.

19. Customs authority means the competent authority that is responsible under the law of a Member State for the administration of customs laws and regulations relating to the importation, exportation and transit of goods as such activities relate to customs duties, charges and other taxes, or to prohibitions, restrictions and controls on the movement of goods subject to inspection along the border of the customs authority of each Member State.

20. Exporter means a natural or juridical person located in the territory of a Member State from which the goods are exported by such person.

21. Importer means a natural or juridical person located in the territory of a Member State into which the goods are imported by such person.

22. Producer means a natural or juridical person who carries out production as provided in clause 12 of this Article in the territory of a Member State.

23. C/O issuing authority or organization means the competent authority or organization designated by the exporting Member State to issue C/Os, whose name, address, specimen signatures and specimen impressions of official seals, as well as any updates of such information when there are changes, are notified to all the other Member States.

24. Agricultural and horticultural products means agricultural and horticultural products grown in the territory of an exporting Member State which are considered as originating in that Member State even if grown from seeds, bulbs, rootstock, cuttings, grafts or other parts of plants imported from the territory of a third country.

25. Products obtained from aquaculture means aquatic products in the territory of an exporting Member State which are considered as originating in that Member State where they are raised from embryos or juveniles such as eggs, two-year-old salmon, smolts, glass eels or ordinary oyster spat fed with starter feed such as rotifers or plankton.

Article 4. Certification and verification of origin of goods in Vietnam

1. Promulgated together with this Circular are the following Appendices:

a) Appendix I: Product Specific Rules.

b) Appendix II: Provisions on certain special goods to which Article 9 of this Circular applies.

c) Appendix III: Specimen of C/O Form AK.

d) Appendix IV: Specimen of the supplementary declaration of C/O Form AK.

2. The C/O Form AK issuing authorities and organizations of Vietnam are the Import-Export Department (Ministry of Industry and Trade) and the organizations assigned by the People's Committees of provinces and cities. The registration and updating of specimen signatures and specimen impressions of official seals by the C/O Form AK issuing authorities and organizations shall be carried out under the guidance of the Import-Export Department (Ministry of Industry and Trade). The list of C/O Form AK issuing authorities and organizations of Vietnam is updated through the electronic origin certification and management system of the Ministry of Industry and Trade at www.ecosys.gov.vn.

3. The procedures for the certification and verification of origin of goods shall comply with the Government's Decree No. 31/2018/ND-CP dated March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods, the legal provisions on origin of goods, and this Circular.

Chapter II

DETERMINATION OF ORIGIN OF GOODS

Article 5. Originating goods

1. Goods imported into the territory of a Member State shall be considered as originating and eligible for tariff preferences if they conform to any of the following origin requirements:

a) Goods wholly obtained or produced entirely in the territory of an exporting Member State as provided in Article 6 of this Circular.

b) Goods not wholly obtained or produced entirely in the territory of an exporting Member State, provided that such goods satisfy Article 7 or Article 8 or Article 9 or Article 10 of this Circular.

2. Except as provided in Article 10 of this Circular, the criteria for goods to satisfy the rules of origin provided in this Circular shall be met continuously in the territory of the exporting Member State.

Article 6. Wholly obtained goods

For the purposes of point a clause 1 of Article 5 of this Circular, goods shall be considered as wholly obtained or produced entirely in the territory of a Member State in the following cases:

1. Plants and plant products harvested, picked or gathered after being grown in that Member State.

2. Live animals born and raised in that Member State.

3. Products obtained from live animals referred to in clause 2 of this Article.

4. Products obtained from hunting, trapping, fishing, aquaculture, gathering or capturing in that Member State.

5. Minerals and other naturally occurring substances not included in clauses 1 through 4 of this Article, extracted or taken from the soil, waters, seabed or beneath the seabed of that Member State.

6. Products of sea-fishing taken by vessels registered with, and entitled to fly the flag of, that Member State, and other marine products taken from the waters, seabed or beneath the seabed outside the territorial waters of that Member State by that Member State or a person of that Member State, provided that that Member State has the rights to exploit the natural resources of such waters, seabed and beneath the seabed under international law.

7. Products of sea-fishing and other marine products taken from the high seas by vessels registered with, and entitled to fly the flag of, that Member State.

8. Products processed or made on board factory ships registered with, and entitled to fly the flag of, that Member State, exclusively from the products referred to in clause 7 of this Article.

9. Products taken from outer space by that Member State or a person of that Member State.

10. Articles collected in that Member State which can no longer perform their original function and which are not capable of being repaired or restored, and which are fit only for disposal or for the partial recovery of raw materials or for recycling purposes.

11. Waste and scrap derived from production in that Member State, or used goods collected in that Member State, which are fit only for use as raw materials.

12. Goods obtained or produced in the territory of that exporting Member State exclusively from the products referred to in clauses 1 through 11 of this Article.

Article 7. Not wholly obtained goods

1. For the purposes of point b clause 1 Article 5 of this Circular, goods not covered by Article 8 of this Circular shall be considered as originating if they have a regional value content (hereinafter referred to as RVC) of at least 40% of the FOB value, or if they have undergone a change in tariff classification at the 4-digit level (hereinafter referred to as CTH) of the Harmonized System.

2. The RVC shall be calculated on the basis of either of the following two methods:

a) Direct formula:

In which “VOM” means the value of originating input materials, comprising the value of originating materials, direct labour cost, direct overhead cost, transportation cost and profit.

or

b) Indirect formula:

In which “VNM” means the value of non-originating input materials or materials of undetermined origin, which may be:

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

b2) The earliest ascertained price paid for the materials, parts or goods of undetermined origin in the territory of the Member State where the working or processing takes place.

3. The exporter or producer of the exporting Member State may flexibly apply either the direct RVC formula or the indirect RVC formula provided in clause 2 of this Article. The RVC formula so selected shall continue to be applied throughout one financial year of that exporter or producer. Where the importing Member State conducts verification of origin of goods, any verification of the RVC criterion shall be carried out on the basis of the RVC formula used by the exporter or producer of the exporting Member State.

Article 8. Product Specific Rules

Goods referred to in point b clause 1 Article 5 of this Circular which satisfy the Product Specific Rules in Appendix I to this Circular shall be considered as originating in the territory of the Member State where the working or processing of such goods takes place.

Article 9. Provisions on certain special goods

1. Special goods shall be considered as originating even if they are produced, worked or processed in an area outside the territories of Korea and the ASEAN Member States (such as an industrial zone) from materials exported from a Member State and thereafter re-imported into that Member State.

2. The list of special goods of Vietnam, the rules of origin and the procedures for the certification and verification of origin applicable to the special goods referred to in clause 1 of this Article are provided in Appendix II to this Circular.

Article 10. Cumulation

Goods originating in the territory of a Member State which are used as materials for the production of goods eligible for tariff preferences in the territory of another Member State shall be considered as originating in the Member State where the working or processing of the finished goods has taken place.

Article 11. Minimal operations and processes

1. Simple describes an activity which needs neither special skills nor machines, apparatus or equipment especially produced or installed for carrying out that activity.

2. Simple mixing referred to in point m clause 4 of this Article describes an activity which needs neither special skills nor machines, apparatus or equipment especially produced or installed for carrying out that activity. Simple mixing does not include chemical reaction.

3. Slaughtering referred to in point p clause 4 of this Article means the mere killing of animals and subsequent operations such as cutting, chilling, freezing, salting, drying or smoking for the purpose of preservation during storage or transportation.

4. The following operations or processes, when carried out individually or in combination with each other in a Member State, shall be considered as minimal and the goods shall not be considered as originating in the territory of that Member State:

a) Preserving operations to ensure that the goods remain in good condition during transport and storage.

b) Changes of packaging, and breaking up and assembly of packages.

c) Simple washing, cleaning, removal of dust, oxide, oil, paint or other surface coverings.

d) Simple painting and polishing operations.

dd) Husking, partial or total bleaching, polishing and glazing of cereals and rice.

e) Operations to colour sugar or form sugar lumps.

g) Simple peeling, stoning or shelling.

h) Simple sharpening, simple grinding or simple cutting.

i) Sifting, screening, sorting, classifying, grading, matching.

k) Simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards, and other simple packaging operations.

l) Affixing or printing marks, labels, logos and other like distinguishing signs on products or on their packaging.

m) Simple mixing of products, whether or not of different kinds.

n) Simple assembly of parts of products to constitute a complete product, or disassembly of products into parts.

o) Simple testing or trials.

p) Slaughtering of animals.

5. Goods of Chapters 50 through 63 shall not be considered as originating in the territory of a Member State even if they satisfy both the RVC criterion and the change in tariff classification criterion, where the following operations are carried out individually or in combination with each other in that Member State:

a) Simple combining operations, labelling, simple ironing or pressing, washing or dry cleaning, packaging operations, or any combination of the foregoing operations.

b) Cutting to length or width and hemming, stitching or overlocking fabrics which are readily identifiable as being intended for a particular commercial use.

c) Trimming or attaching of accessory articles such as cords, bands, beads, cords with hooks, rings or eyelets by sewing, looping, linking or gluing.

d) Bleaching, waterproofing, decating, shrinking, mercerising or similar operations for the sole purpose of undergoing finishing processes.

dd) Embroidering where the embroidery accounts for less than 5% of the total area of the embroidered product, or where the embroidery weighs less than 5% of the total weight of the embroidered product.

6. Goods originating in the territory of a Member State shall retain their initial originating status when exported from another Member State where the minimal operations and processes provided in clauses 4 and 5 of this Article are carried out.

Article 12. Direct consignment

1. Goods shall enjoy tariff preferences if they satisfy all the provisions of this Circular and are consigned directly from the territory of the exporting Member State to the territory of the importing Member State.

2. Goods transported through the territory of one or more intermediate third countries shall still be considered as directly consigned, provided that:

a) The transit is justified for geographical reasons or by considerations related to transport requirements.

b) The goods have not entered into trade or consumption there.

c) The goods have not undergone any operation other than unloading and reloading or any operation required to keep them in good condition.

Article 13. Proportion of materials not satisfying the change in tariff classification criterion (De minimis)

1. Goods that do not satisfy the change in tariff classification criterion provided in Article 7 and Article 8 of this Circular shall nevertheless be considered as originating if they satisfy the other provisions of this Circular and fall under one of the following cases:

a) For goods not of Chapters 50 through 63 of the Harmonized System, the value of all non-originating materials that do not satisfy the change in tariff classification criterion and are used in the production of the goods does not exceed 10% of the FOB value of such goods;

b) For goods of Chapters 50 through 63 of the Harmonized System, the weight of all non-originating materials that do not satisfy the change in tariff classification criterion and are used in the production of the goods does not exceed 10% of the total weight of such goods.

2. The value of the non-originating materials referred to in clause 1 of this Article shall be counted as the value of non-originating materials when applying the RVC formula.

Article 14. Provisions on packing and packing materials

1. Where packing materials and containers are used for the retail sale of goods:

a) The value of such packing materials and containers shall be taken into account in determining the origin of goods to which the RVC criterion provided in Article 7 of this Circular applies, provided that such packing materials and containers form part of the goods.

b) Such packing materials and containers classified together with the packaged goods shall be disregarded as non-originating materials used in production in determining the origin of goods to which the change in tariff classification criterion applies.

2. Where packing materials and containers are used for the transportation of goods, such packing materials and containers shall be disregarded in determining the origin of the goods.

Article 15. Accessories, spare parts and tools

Accessories, spare parts, tools and instructional or other informational materials presented with the goods shall be disregarded in determining the origin of such goods, provided that they are classified with, and duties are collected together with, such goods.

Article 16. Neutral elements

In determining the origin of goods, it shall not be necessary to determine the origin of the following neutral elements which are used in the production but do not form part of the goods:

a) Fuel and energy.

b) Tools, dies and moulds.

c) Spare parts and materials used for the maintenance of equipment and buildings.

d) Lubricants, greases, compounding materials and other materials used in the production or used to operate equipment and buildings.

dd) Gloves, glasses, footwear, clothing, safety equipment and supplies.

e) Equipment, machines and supplies used for testing or inspecting the goods.

g) Any other materials that do not form part of the goods but the use of which in the production must be demonstrated to be a part of that production.

Article 17. Identical and interchangeable materials

1. The determination of which materials are originating materials and which are non-originating materials where they are physically mixed or combined and used in the production of goods shall be made by applying the generally accepted accounting principles on inventory management applicable in the territory of the exporting Member State.

2. Once a decision has been made as to which inventory management accounting principle is to be applied, that principle shall be used throughout one financial year of the exporter or producer.

Chapter III

CERTIFICATION AND VERIFICATION OF ORIGIN OF GOODS

Article 18. Documents proving the origin of goods

For the purpose of determining the origin of goods, the C/O issuing authority or organization has the right to request traders to produce supporting documents or to carry out inspections where it deems necessary, in accordance with the laws and regulations of the Member State.

Article 19. Pre-exportation examination

The producer or exporter of the goods, or an authorized representative thereof, shall submit an application to the C/O issuing authority or organization requesting the examination of the origin of the goods prior to exportation in accordance with the laws and regulations of the Member State. The result of the examination, subject to review periodically or whenever necessary, shall be accepted as supporting evidence in determining the origin of the goods to be exported thereafter. The pre-exportation examination need not be applied to goods of which, by their nature, the origin can be easily determined.

Article 20. Submission of the application for a C/O

The producer or exporter, or an authorized representative thereof, shall submit an application for a C/O together with the necessary documents proving that the goods to be exported qualify for the issuance of a C/O in accordance with the laws and regulations of the Member State.

Article 21. Examination of the application for a C/O

1. The C/O issuing authority or organization shall examine each application for a C/O to ensure that:

a) The C/O is duly completed and signed by the authorized person.

b) The origin of the goods conforms with the provisions of this Circular.

c) The other statements declared on the C/O correspond to the supporting documents submitted.

d) The description of the goods, the quantity and weight of the goods, the marks and number of packages, and the number and kinds of packages, as declared, conform to the goods to be exported.

2. Multiple items may be declared on the same C/O, provided that each item satisfies the corresponding rules of origin.

Article 22. C/O Form AK

1. In order to be eligible for tariff preferences, goods must be covered by a C/O Form AK issued by a C/O issuing authority or organization.

2. The C/O Form AK shall satisfy the following conditions:

a) It is in printed paper form bearing the signature and seal affixed in the form of direct issuance, or bearing the electronic signature and electronic seal, of the C/O issuing authority or organization of the exporting Member State.

b) It is made on A4 size paper.

c) It conforms to the specimen provided in Appendix III to this Circular.

d) It is completed in the English language.

3. A set of C/O Form AK comprises 01 (one) Original and 02 (two) copies (Duplicate and Triplicate).

4. Where there is insufficient space to declare multiple items on one C/O Form AK, the Member States shall use the supplementary declaration of C/O in conformity with the specimen provided in Appendix IV to this Circular. In addition to the supplementary declaration of C/O, the ASEAN Member States have the further option of using the original C/O Form AK.

5. Each C/O Form AK shall bear its own reference number given by the C/O issuing authority or organization. The C/O Form AK shall reflect the FOB value in Box 9 of the C/O only where the RVC criterion is applied.

6. The Original C/O Form AK shall be sent by the producer or exporter to the importer for submission to the customs authority of the importing Member State. The Duplicate shall be retained by the C/O issuing authority or organization of the exporting Member State. The Triplicate shall be retained by the producer or exporter.

7. Where the C/O Form AK is rejected, the customs authority of the importing Member State shall mark the corresponding box, state clearly the reasons for the denial of tariff preferences in Box 4 of the C/O, and return the Original C/O Form AK to the C/O issuing authority or organization within 02 months.

8. Where the C/O Form AK is rejected under clause 7 of this Article, the customs authority of the importing Member State may accept the clarifications made by the C/O issuing authority or organization for consideration of the granting of tariff preferences. The clarifications of the C/O issuing authority or organization shall be detailed and shall address the issues raised by the importing Member State.

Article 23. Handling of errors on the C/O Form AK

Neither erasures nor superimpositions shall be allowed on the C/O Form AK. Any alteration shall be made in one of the following manners:

1. Striking out the erroneous information and making any addition required. Such alterations shall be approved by the person authorized to sign the C/O Form AK and certified by the C/O issuing authority or organization. Unused spaces shall be crossed out to prevent any subsequent addition.

2. Issuing a new C/O Form AK to replace the erroneous one. The C/O issuing authority or organization shall indicate on the new C/O the date of issuance of the erroneous C/O.

Article 24. Issuance of the C/O Form AK

1. The C/O Form AK shall be issued prior to or at the time of shipment, or no later than 03 working days from the date of shipment, where the goods to be exported are considered as originating in the territory of the exporting Member State under this Circular.

2. The C/O issuing authority or organization of an intermediate Member State shall issue a back-to-back C/O Form AK at the request of the exporter while the goods are transiting through the territory of that Member State, provided that:

a) The exporter produces the valid original C/O Form AK.

b) The exporter applying for the back-to-back C/O Form AK is at the same time the importer in the intermediate Member State.

c) The verification procedures provided in Article 31 of this Circular apply.

3. Where the C/O Form AK has not been issued prior to or at the time of shipment or no later than 03 working days from the date of shipment due to involuntary errors or omissions or other valid causes, the C/O Form AK may be issued retroactively within 01 year from the date of shipment and shall bear the words “ISSUED RETROACTIVELY”.

Article 25. C/O Form AK lost, mislaid or damaged

Where the C/O Form AK is lost, mislaid or damaged, the producer or exporter may apply to the C/O issuing authority or organization for a certified true copy of the original C/O Form AK, to be made on the basis of the export documents kept at the C/O issuing authority or organization. Such certified true copy shall bear the words “CERTIFIED TRUE COPY” in Box 12 and the date of issuance of the original C/O Form AK. Such certified true copy shall be issued within 01 year from the date of issuance of the original C/O Form AK.

Article 26. Submission of the C/O Form AK

In order to be eligible for tariff preferences at the time of carrying out import procedures, the importer shall submit to the customs authority of the importing Member State the customs declaration, the C/O Form AK, supporting documents (such as the commercial invoice and, where necessary, the through bill of lading issued in the territory of the exporting Member State) and other documents as required in accordance with the laws and regulations of the importing Member State.

Article 27. Time limit for submission and validity of the C/O Form AK

1. The C/O Form AK shall be submitted to the customs authority of the importing Member State in accordance with the laws and regulations of that Member State within:

a) 12 months from the date of issuance, in the case of the C/O Form AK.

b) 12 months from the date of issuance of the first C/O Form AK, in the case of a new C/O replacing an erroneous C/O under clause 2 Article 23 of this Circular.

c) 12 months from the date of issuance of the original C/O Form AK, in the case of a back-to-back C/O Form AK under clause 2 Article 24 of this Circular.

2. Where the C/O Form AK is submitted to the customs authority of the importing Member State after the time limit provided in clause 1 of this Article, the C/O Form AK shall still be accepted if the failure to observe such time limit results from force majeure or other valid causes beyond the control of the producer or exporter.

3. The customs authority of the importing Member State shall accept the C/O Form AK, provided that the goods have been imported before the expiry of the validity of that C/O.

Article 28. Waiver of the C/O Form AK

1. The C/O Form AK shall be waived in the following cases:

a) Goods originating in the territory of a Member State with an FOB value not exceeding 200 (two hundred) US dollars.

b) Goods sent by post from the territory of a Member State with an FOB value not exceeding 200 (two hundred) US dollars.

2. Where the customs authority of the importing Member State determines that the importation forms part of a series of importations or is a deliberate splitting of consignments for the purpose of avoiding the submission of the C/O Form AK, the imported goods shall not be subject to clause 1 of this Article.

Article 29. Treatment of minor discrepancies

1. Where there is no doubt as to the origin of the goods, minor discrepancies between the statements declared on the C/O Form AK and the documents submitted to the customs authority of the importing Member State for the purpose of carrying out import procedures shall not invalidate the C/O Form AK if such discrepancies do in fact correspond to the goods actually imported.

2. In the case of a C/O Form AK covering multiple items, a problem encountered with one of the items shall not affect or delay the granting of tariff preferences and customs clearance of the remaining items. The treatment of the items concerned shall be carried out in accordance with point c clause 3 Article 31 of this Circular.

Article 30. Record keeping

1. For the purposes of the verification of origin of goods under Article 31 and Article 32 of this Circular, the producer or exporter shall keep the records and documents relating to the application for the C/O Form AK for at least 03 years from the date of issuance of the C/O, in accordance with the laws and regulations of the exporting Member State.

2. The importer shall keep the relevant import documents in accordance with the laws and regulations of the importing Member State.

3. The C/O issuing authority or organization shall keep the records and documents relating to the application for the C/O Form AK for at least 03 years from the date of issuance of the C/O.

4. At the request of the importing Member State, information on the validity of the C/O Form AK shall be provided by the person authorized to sign the C/O and certified by the appropriate governmental authority or organization.

5. Any information shared between the Member States concerned shall be kept confidential and shall be used only for the validation of the C/O.

Article 31. Retroactive check of the C/O Form AK

1. The importing Member State shall request the C/O issuing authority or organization of the exporting Member State to conduct a check at random or where it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the origin of the goods in question or of a part thereof.

2. The C/O issuing authority or organization of the exporting Member State shall check the cost statement of the producer or exporter on the basis of the current costs and prices within the period of 06 months before or after the date of exportation.

3. The procedures for the retroactive check of the C/O Form AK are as follows:

a) The request of the importing Member State for a check shall be accompanied by the C/O Form AK concerned and shall state clearly the reasons as well as any additional information suggesting that the particulars given on that C/O may be inaccurate, except in the case of a random check.

b) The C/O issuing authority or organization of the exporting Member State shall promptly acknowledge receipt of the request for a check and shall respond within 02 months after the date of receipt of the request.

c) The customs authority of the importing Member State may suspend the granting of tariff preferences while awaiting the results of the check. However, the customs authority of the importing Member State may apply the necessary procedures, including the application of a higher import duty rate or the requirement that the importer place a deposit of an equivalent amount, and may allow the release of the goods, provided that the goods are not subject to an import prohibition or restriction and there is no suspicion of origin fraud.

d) The C/O issuing authority or organization shall promptly transmit the results of the check to the importing Member State for the determination of whether or not the goods are originating. The whole process of the check, including the notification to the C/O issuing authority or organization of the exporting Member State of the result of the determination of the origin of the goods, shall be completed within 06 months. Throughout the process of the check, point c of this clause shall apply.

4. The customs authority of the importing Member State shall request the importer to provide information or documents relating to the origin of the imported goods in accordance with the laws and regulations of the importing Member State before requesting a check under clauses 1, 2 and 3 of this Article.

Article 32. Verification of origin of goods in the exporting Member State

1. Where the importing Member State does not agree with the results of the check under Article 31 of this Circular, it may request a verification visit to the exporting Member State.

2. Before conducting a verification visit to the exporting Member State under clause 1 of this Article, the importing Member State shall simultaneously send a written notification of the plan for the verification visit to:

a) The producer or exporter owning the premises or factory to be visited.

b) The C/O issuing authority or organization of the Member State in the area where the verification visit is to be conducted.

c) The customs authority of the Member State in the area where the verification visit is to be conducted.

d) The importer of the goods subject to the verification visit.

3. The written notification referred to in clause 2 of this Article shall include all of the following contents:

a) The name of the customs authority issuing the written notification.

b) The name of the producer or exporter owning the premises or factory to be visited.

c) The proposed date of the verification visit.

d) The proposed scope of the verification visit, including the goods subject to the verification.

dd) The names and titles of the officials conducting the verification visit.

4. The producer or exporter owning the premises or factory to be visited shall send its written consent to the importing Member State. Where the written consent of the producer or exporter is not received within 30 days from the date of receipt of the written notification under clause 2 of this Article, the importing Member State may deny tariff preferences to the goods subject to the verification.

5. The C/O issuing authority or organization receiving the written notification may postpone the verification visit and shall notify the importing Member State within 15 days from the date of receipt of the notification of the importing Member State. Notwithstanding any postponement, the verification visit shall be carried out within 60 days from the date of receipt of the written notification of the importing Member State, or for a longer period as agreed by the Member States.

6. The Member State conducting the verification visit shall provide the producer or exporter owning the goods subject to the verification, and the C/O issuing authority or organization concerned, with a written determination of whether or not the goods subject to the verification satisfy the rules of origin provided in this Circular.

7. The suspension of the granting of tariff preferences shall be withdrawn on the basis of the written determination that the goods satisfy the rules of origin referred to in clause 6 of this Article.

8. The producer or exporter shall be allowed to provide written comments or additional information regarding the eligibility of the goods for tariff preferences within 30 days from the date of receipt of the written determination. Where the goods are still not considered as originating, the final written determination shall be notified to the C/O issuing authority or organization within 30 days from the date of receipt of the written comments or additional information from the producer or exporter.

9. The verification visit process, including the actual visit and the written determination of whether or not the goods subject to the verification are originating under clause 7 of this Article, shall be carried out and the results notified to the C/O issuing authority or organization within a maximum period of 06 months from the first date on which the verification visit is conducted. Throughout the verification visit process, point c clause 3 Article 31 of this Circular shall apply.

Article 33. Confidentiality of information

1. The competent authorities of Vietnam shall keep confidential the business and commercial information collected in the course of the check and verification under Article 31 and Article 32 of this Circular and shall not disclose such information so as to avoid prejudicing the competitive position of the person providing the information.

2. Subject to the laws and regulations and the agreement of the Member States, confidential information may be disclosed by the competent authorities of a Member State to another Member State only for the purposes of the administration and enforcement of the determination of the origin of goods.

Article 34. Denial of tariff preferences

The importing Member State may deny tariff preferences or recover unpaid duties in accordance with its own laws and regulations where the goods do not satisfy the provisions on rules of origin under this Circular.

Article 35. Change of destination of goods

Where goods exported to a Member State have the destination of the whole or part of the consignment changed before or after their arrival at the port, the following provisions shall apply:

1. Where the goods have already been imported into the territory of the importing Member State, the customs authority of the importing Member State shall endorse the C/O Form AK applicable to the whole or part of the consignment upon the application of the importer for tariff preferences accompanied by the original C/O Form AK.

2. Where the destination of the goods is changed from that stated on the C/O Form AK already issued while the goods are being transported to the importing Member State, the producer or exporter shall apply for a new C/O Form AK for the whole or part of the consignment and shall return the C/O Form AK previously issued.

Article 36. Documents applicable to the direct consignment rule

For the purposes of Article 12 of this Circular, the following documents shall be submitted to the customs authority of the importing Member State:

1. The through bill of lading issued in the territory of the exporting Member State.

2. The C/O Form AK.

3. A copy of the original commercial invoice.

4. Other relevant documents proving that the transportation satisfies the provisions of Article 12 of this Circular.

Article 37. Exhibition goods

1. Goods sent from the territory of an exporting Member State for exhibition in another country and sold during or after the exhibition for importation into the territory of a Member State shall enjoy tariff preferences, provided that such goods satisfy the provisions on rules of origin under this Circular and that it is demonstrated to the customs authority of the importing Member State that:

a) The exporter has consigned those goods from the territory of the exporting Member State to the country where the exhibition is held and the goods have been exhibited there.

b) The exporter has sold or otherwise transferred those goods to a consignee in the territory of the importing Member State.

c) The goods have been consigned to the territory of the importing Member State during the exhibition or immediately after the exhibition in the same state as they were sent for the exhibition.

2. For the purposes of clause 1 of this Article, the C/O Form AK shall be submitted to the competent authority of the importing Member State, stating the name and address of the venue of the exhibition. The C/O issuing authority or organization of the country where the exhibition takes place shall issue a form of certification, together with the documents provided in clause 4 Article 36 of this Circular, to certify that the goods have been exhibited.

3. Clause 1 of this Article applies to any exhibition, trade, agricultural or handicraft fair or similar show or display in shops or business premises with a view to the sale of foreign goods, and where the goods remain under customs control throughout the exhibition.

Article 38. Third-country invoicing

1. The customs authority of the importing Member State shall accept the C/O Form AK where the commercial invoice is issued by a company located in a third country or by an exporter on behalf of that company, provided that the goods satisfy the provisions on rules of origin under this Circular.

2. The exporter of the goods shall indicate the words “Third Country Invoicing” and the information on the name and country of the company issuing the third-country invoice on the C/O Form AK.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 39. Organization of implementation

1. The guidance and common understandings relating to the rules of origin agreed among the Member States by rotation, or agreed in the reports of the implementation meetings of the Implementing Committee under the Agreement, shall serve as the basis for implementation by the C/O issuing authorities and organizations and by the customs authorities.

2. The Import-Export Department (Ministry of Industry and Trade) shall notify the C/O issuing authorities and organizations, and the Customs Department (Ministry of Finance) shall notify the customs authorities, of the contents referred to in clause 1 of this Article.

Article 40. Implementation provisions

1. This Circular takes effect from May 1, 2026.

2. In case the documents referred to in this Circular are replaced or amended and supplemented, the replacing documents or the amended and supplemented documents shall apply.

3. This Circular replaces the following Circulars:

a) Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade providing for the implementation of the Rules of Origin under the ASEAN - Korea Free Trade Area Agreement.

b) Circular No. 26/2018/TT-BCT dated September 14, 2018 amending and supplementing Appendix IV promulgated together with Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade providing for the implementation of the Rules of Origin under the ASEAN - Korea Free Trade Area Agreement.

c) Circular No. 13/2019/TT-BCT dated July 31, 2019 amending and supplementing a number of articles of Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade providing for the implementation of the Rules of Origin under the ASEAN - Korea Free Trade Area Agreement.

d) Circular No. 04/2024/TT-BCT dated March 27, 2024 amending and supplementing a number of articles of Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade providing for the implementation of the Rules of Origin under the ASEAN - Korea Free Trade Area Agreement./.

APPENDIX I

PRODUCT SPECIFIC RULES (Promulgated together with Circular No. 49/2025/TT-BCT dated September 9, 2025 of the Minister of Industry and Trade)

I. INTERPRETATION OF THE TERMS OF THE PRODUCT SPECIFIC RULES

In this Appendix, certain terms are construed as follows:

1. RVC means the regional value content of goods, calculated according to the formula provided in clause 2 Article 7 of this Circular, of not less than the specified percentage (for example: 35%/40%/55%/70%, etc.), and the last production process is performed in a Member State.

2. CC means a change from any other chapter to a chapter, heading or subheading. This means that all non-originating materials used in the production of the product must undergo a change in HS code at the 2-digit level (change of Chapter).

3. CTH means a change from any other heading to a chapter, heading or subheading. This means that all non-originating materials used in the production of the product must undergo a change in HS code at the 4-digit level (change of Heading).

4. CTSH means a change from any other subheading to a chapter, heading or subheading. This means that all non-originating materials used in the production of the product must undergo a change in HS code at the 6-digit level (change of Subheading).

5. WO means goods wholly obtained or produced entirely in the territory of a Member State as defined in Article 6 of this Circular.

6. WO-AK means goods obtained or produced in the territory of any Member State of the Agreement exclusively from materials or products satisfying the WO origin criterion as defined in Article 6 of this Circular.

7. De minimis means the exception rule applicable to the change in tariff classification in the Harmonized System as provided in Article 13 of this Circular.

II. LIST OF PRODUCT SPECIFIC RULES

The list of Product Specific Rules in this Appendix is based on the Harmonized System (HS 2022), for which the Implementing Committee of the ASEAN - Korea Agreement on Trade in Goods completed the adoption process by rotation on May 1, 2025.

APPENDIX II

PROVISIONS ON CERTAIN SPECIAL GOODS TO WHICH ARTICLE 9 OF THIS CIRCULAR APPLIES (Promulgated together with Circular No. 49/2025/TT-BCT dated September 9, 2025 of the Minister of Industry and Trade)

I. LIST OF SPECIAL GOODS

1. Vietnam applies Article 9 of this Circular to the list of special goods provided in this Appendix. The total number of items in the list of special goods is 100 items with HS codes at the 6-digit level.

2. The prefix “ex” used in the list of special goods below indicates that only a part of the products of that subheading is covered by the code shown in the left-hand column. Before carrying out the transposition of this list from HS 2007 to HS 2012, the prefix “ex” in the HS 2007 column should be cross-checked against the HS 2002 column in the previous list of special goods.

II. RULES OF ORIGIN APPLICABLE TO SPECIAL GOODS

1. Special goods referred to in Section I of this Appendix which are re-imported as products that have not undergone any of the minimal operations and processes provided in Article 11 of this Circular within the territory of the re-importing Member State for export shall be considered as originating in the territory of that re-importing country, provided that:

a) The total non-originating input value does not exceed 40% of the FOB value of the finished product considered as originating. The total non-originating input value is the value of any non-originating inputs added within the territories of Korea and the ASEAN Member States, as well as the value of any inputs added and all other costs accumulated outside the territories of those Member States, including the cost of transportation;

b) The value of the originating materials exported from a Member State shall be at least 60% of the total value of the materials used in the production of the finished product.

2. The provisions on rules of origin under this Circular apply to the conferring of origin on special goods.

III. PROCEDURES FOR THE CERTIFICATION AND VERIFICATION OF ORIGIN OF SPECIAL GOODS

1. The C/O Form AK for special goods shall be issued by the C/O issuing authority or organization of the exporting Member State in accordance with Chapter III of this Circular.

2. The C/O issuing authority or organization of the exporting Member State shall state clearly on the C/O Form AK that the special goods apply “Rule 6”.

3. Except as provided in this Appendix, special goods shall comply with the provisions of Chapter III of this Circular.

APPENDIX III

SPECIMEN OF C/O FORM AK (Promulgated together with Circular No. 49/2025/TT-BCT dated September 9, 2025 of the Minister of Industry and Trade)

Original (Duplicate/Triplicate)

OVERLEAF NOTES

1. Parties which accept this Form for the purpose of preferential tariff under the ASEAN-Korea Free Trade Agreement (AKFTA):

BRUNEI DARUSSALAM CAMBODIA INDONESIA

REPUBLIC OF KOREA LAOS MALAYSIA

MYANMAR PHILIPPINES SINGAPORE

THAILAND VIETNAM

2. CONDITIONS: To enjoy preferential tariff under the AKFTA, goods sent to any Parties listed above:

(i) must fall within a description of goods eligible for concessions in the country of destination;

(ii) must comply with the consignment conditions in accordance with Rule 9 of Annex 3 (Rules of Origin) of the AKFTA; and

(iii) must comply with the origin criteria in Annex 3 (Rules of Origin) of the AKFTA.

3. ORIGIN CRITERIA: For goods that meet the origin criteria, the exporter and/or producer must indicate in box 8 of this Form, the origin criteria met, in the manner shown in the following table:

4. EACH ARTICLE MUST QUALIFY: It should be noted that all the goods in a consignment must qualify separately in their own right. This is of particular relevance when similar articles of different sizes or spare parts are sent.

5. DESCRIPTION OF GOODS: The description of goods must be sufficiently detailed to enable the goods to be identified by the Customs Officers examining them. Any trade mark shall also be specified.

6. FREE-ON-BOARD (FOB) VALUE: The FOB value in box 9 shall be reflected only when the Regional Value Content criterion is applied in determining the origin of goods. The CO (Form AK) issued to and from Cambodia and Myanmar shall reflect the FOB value, regardless of the origin criteria used, for the next two (2) years upon the implementation of this new arrangement.

7. HARMONIZED SYSTEM NUMBER: The Harmonized System number shall be that of the importing Party.

8. EXPORTER: The term “Exporter” in box 11 may include the manufacturer or the producer.

9. FOR OFFICIAL USE: The Customs Authority of the importing Party must indicate (√) in the relevant boxes in column 4 whether or not preferential tariff is accorded.

10. THIRD COUNTRY INVOICING: In cases where invoices are issued by a third country, the “Third Country Invoicing” box should be ticked (√) and such information as name and country of the company issuing the invoice shall be indicated in box 7.

11. EXHIBITIONS: In cases where goods are sent from the territory of the exporting Party for exhibition in another country and sold during or after the exhibition for importation into the territory of a Party, in accordance with Rule 20 of the Operational Certification Procedures, the “Exhibition” box should be ticked (√) and the name and address of the exhibition indicated in box 2.

12. BACK-TO-BACK CERTIFICATE OF ORIGIN: In cases of Back-to-Back CO, in accordance with Rule 7 (2) of the Operational Certification Procedures, the “Back-to-Back CO” box should be ticked (√).

APPENDIX IV

SPECIMEN OF THE SUPPLEMENTARY DECLARATION OF C/O FORM AK (Promulgated together with Circular No. 49/2025/TT-BCT dated September 9, 2025 of the Minister of Industry and Trade)

Original (Duplicate/Triplicate)

(Additional Page)