Thông báo 26/2022/TB-LPQT về hiệu lực của Thỏa thuận về hợp tác hành chính theo Phần 18(3) (B) Quy định Hải quan 2020 (Xuất xứ của hàng hóa tính thuế: Chương trình ưu đãi thương mại) (EU EXIT) giữa Việt Nam và Cam-pu-chia

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định tại Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Thỏa thuận giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Vương quốc Cam-pu-chia về hợp tác hành chính theo Phần 18(3)(B) Quy định Hải quan 2020 (Xuất xứ của hàng hóa tính thuế: Chương trình ưu đãi thương mại) (EU EXIT), ký tại Phnôm-pênh ngày 08 tháng 11 năm 2022, có hiệu lực ngày 08 tháng 11 năm 2022.

Bộ Ngoại giao trân trọng gửi bản sao Thỏa thuận theo quy định tại Điều 59 của Luật nêu trên./.

JOINT UNDERTAKING

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA

ON

ADMINISTRATIVE CO-OPERATION

PURSUANT TO SECTION 18(3)(B) OF THE CUSTOMS (ORIGIN OF CHARGEABLE GOODS: TRADE PREFERENCE SCHEME) (EU EXIT) REGULATIONS 2020

FOR BICYCLE ACCESSORIES AND PARTS

The Government of the Socialist Republic of Viet Nam, hereinafter referred to as “Viet Nam”,

and

The Government of the Kingdom of Cambodia, hereinafter referred to as “Cambodia”,

hereinafter jointly referred to as “the Parties", or individually referred to as a “Party”,

RECOGNISING their longstanding and strong trade relationship within ASEAN and the joint aim of further fostering the development of trade capacity in the ASEAN region;

RECOGNIZING that this Joint Undertaking serves as the Administrative Cooperation Undertaking that is required for the purposes of implementing extended cumulation between the Parties according to Section 18(5) of The Customs (Origin of Chargeable Goods: Trade Preference Scheme) (EU Exit) Regulations 2020 as regards detailed rules concerning extended cumulation for materials originating in Viet Nam used in the manufacture of products in Cambodia; and

UNDERTAKING the commitment to (a) ensure compliance with the relevant rules of origin under Protocol 1 of the UK-Viet Nam Free Trade Agreement for the Vietnamese originating materials to be used in the manufacture of products in Cambodia, and of the rules of origin under the UK Generalised System of Preferences as applicable to Cambodia with regard to the products exported to UK, and (b) provide the administrative co-operation necessary to ensure the correct implementation of these rules with regard to the UK GSP and also between themselves.

COMPLYING with any applicable international treaties to which Viet Nam and Cambodia are contracting parties, and domestic laws of respective Party;

HEREBY AGREE ON THE FOLLOWING:

Article 1

Definitions

For the purposes of this Joint Undertaking, unless otherwise specified:

(a) “UK GSP” means the the Trade Preference Scheme (EU Exit) Regulations 2020;

(b) “UK“ means United Kingdom of Great Britain and Northern Ireland;

(c) “UK-Viet Nam FTA” means the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam including all its Annexes and Protocols;1

(d) “Government authorities” means any authority of a Party mandated to implement this Joint Undertaking;

(e) “UK GSP rules of origin” refers to the Customs (Origin of Chargeable Goods: Trade Preference Scheme) (EU Exit) Regulations 2020;

(f) “materials” means, inter alia, any raw material, component or part, whether or not in assembled form, used in the manufacture of bicycles listed in the AHTN 2022 which appears as Annex 1 of this Joint Undertakings.

(g) Protocol 1 to the UK-Viet Nam FTA refers to Protocol 1 concerning the definition of the concept of originating products and methods of administrative cooperation annexed to the UK-Viet Nam FTA.

Article 2

Evidence of the originating status

1. When originating materials are exported from Viet Nam to Cambodia with a view to being incorporated in a product which is exported to the UK within the framework of the UK GSP, the evidence of originating status of the materials exported from Viet Nam shall be established on the basis of the provisions in Section D of Protocol 1 to the UK-Viet Nam FTA. Pursuant to Article 15(2) of Protocol 1 to the UK-Viet Nam FTA, the following proofs of origin shall be given by:

(a) A certificate of origin made out in accordance with Articles 16 (Procedure for the Issuance of a Certificate of Origin) to 18 (Issuance of a Duplicate Certificate of Origin) of Protocol 1 to the UK-Viet Nam FTA; or

(b) An origin declaration made out in accordance with Article 19 (Conditions for Making out an Origin Declaration) of Protocol 1 to the UK-Viet Nam FTA by any exporter for consignments the total value of which is to be determined in the national legislation of Viet Nam and shall not exceed EUR 6 000; or

(c) An origin declaration made out in accordance with Article 19 (Conditions for Making out an Origin Declaration) of Protocol 1 to the UK-Viet Nam FTA by an exporter approved or registered in accordance with the relevant legislation of Viet Nam.

2. In the case of Cambodia, the evidence of originating status of the finished product to be exported to the UK shall be given by a certificate of origin Form A or by a statement on origin made out by an exporter in accordance with the relevant provisions of the UK GSP rules of origin.

Article 3

Administrative Cooperation: Notification of Government Authorities

1. To ensure the necessary administrative co-operation for the implementation of the origin rules, the Parties shall notify one another, the names, addresses and contact details of the relevant government authorities responsible for:

(i) Monitoring the implementation of the applicable origin rules and the compliance of the procedural requirements listed in Article 2; and

(ii) This Joint Undertaking.

2. Any changes to the information referred to in paragraph 1 of the present Article shall be communicated immediately from one Party to another through their government authorities.

Article 4

Administrative Cooperation: Operational Modalities

1. The Parties shall assist one another through their respective government authorities in verifying the authenticity of the documentary proofs of origin and of the information therein.

2. Any dispute that may arise in relation to the verification procedures shall be settled according to the relevant provisions contained in the UK GSP rules of origin.

Article 5

Cooperation in Preventing Origin Fraud

The Parties shall commit to provide the administrative cooperation and mutual administrative assistance in preventing origin fraud, including the following obligations:

(a) Verify the originating status of the materials exported from Viet Nam to Cambodia and the finished bicycle products exported from Cambodia to the UK;

(b) Carry out the subsequent verification of the proof of origin and providing the results of that verification to the other Party;

(c) Annually exchange the proofs of origin data;

(d) Exchange the import-export turnover data of the materials exported from Viet Nam to Cambodia and the finished bicycle products exported from Cambodia to the UK when required;

(e) Annually provide information on Vietnamese exporters of materials and Cambodian enterprises importing bicycle parts and accessories for cumulative use.

Article 6

Amendments

1. Any proposal to amend this Joint Undertaking by one Party shall be communicated in writing to the other Party as well as to the UK.

2. Any proposed amendment shall be adopted by consensus of the Parties and the UK.

Article 7

Validity and Entry into force

1. This Undertaking shall enter into force on the date of its signature.

2. This Undertaking will have a duration of 05 (five) years starting from its date of entry into force and shall be automatically extended every 05 (five) years. This Undertaking will terminate its effects 03 (three) months after either Party notifies the other Party, through diplomatic channel, of the intention of terminating the Undertaking.

3. When this Undertaking terminates its validity, its provisions will still be applied for unfinished contracts signed within its period of validity.

Signed in Phnom Penh, Kingdom of Cambodia in duplicate in the English language on November 8^th, 2022.

ANNEX 1

Materials used in the manufacture of bicycles and finished bicycle products listed in the AHTN 2022

ANNEX 2

List with addresses/contact details of the government authorities responsible for issuing and verifying the proofs of origin required under Articles 2 and 3 of this Joint Undertaking

For Cambodia

For Viet Nam