Circular No. 23/2025/TT-BCT dated May 05, 2025 on amendments to Circular No. 05/2018/TT-BCT on origin of goods and Circular No. 38/2018/TT-BCT on certification of origin of goods under the generalised system of preferences of the european union, norway, switzerland and turkey

CIRCULAR

ON AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 05/2018/TT-BCT DATED APRIL 03, 2018 OF THE MINISTER OF INDUSTRY AND TRADE ON ORIGIN OF GOODS AND CIRCULAR NO. 38/2018/TT-BCT DATED OCTOBER 30, 2018 OF THE MINISTER OF INDUSTRY AND TRADE ON CERTIFICATION OF ORIGIN OF GOODS UNDER THE GENERALISED SYSTEM OF PREFERENCES OF THE EUROPEAN UNION, NORWAY, SWITZERLAND AND TURKEY

Pursuant to Decree No. 40/2025/ND-CP dated February 26, 2025 of the Government on functions, responsibilities, jurisdiction and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 31/2018/ND-CP dated March 08, 2018 of the Government on guidelines for the Law on Foreign trade management in terms of origin of goods;

At the request of the Director General of the Agency of Foreign Trade;

The Minister of Industry and Trade on amendments to some articles of Circular No. 05/2018/TT-BCT dated April 03, 2018 of the Minister of Industry and Trade on origin of goods and Circular No. 38/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade on certification of origin of goods under the generalised system of preferences of the European Union, Norway, Switzerland and Turkey.

Article 1. Amendments to Article 11 of Circular No. 05/2018/TT-BCT dated April 03, 2018 of the Industry and Trade on origin of goods

Amendments to clause 2 Article 11:

“2. The Agency of Foreign Trade shall issue and implement organization of issuance of Certificate of Origin (hereinafter referred to as “C/O”) in accordance with current law for C/O form B of Vietnam, C/O form A of Generalized System of Preferences (hereinafter referred to as “GSP”), C/O form of Global System Of Trade Preferences, C/O of importing countries, Certificate of Non-manipulation as stated in the original of C/O issued by the first exporting country. The Agency of Foreign Trade, authorities, and organizations issuing C/O shall provide and explain specific and clear regulations in this Circular for traders applying for C/O.”

Article 2. Amendments, replacement, annulment of some articles of Circular No. 38/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade on certification of origin of goods under the generalised system of preferences of the European Union, Norway, Switzerland and Turkey

1. Amendments to clause 4 Article 3:

“4. REX number-issuing authority is the Agency of Foreign Trade.”

2. Amendments to clause 4 Article 4:

“4. The application for REX shall be carried out online via the website of the European Commission (customs.ec.europa.eu/rex-pa-ui), the System for management and issuance of C/O of the Ministry of Industry and Trade (www.ecosys.gov.vn (eCoSys)).”

3. Amendments to clause 5 Article 6:

“5. Within 03 working days from the date of issuance, traders shall declare and publish the GSP statement on origin and other documents concerning the shipment as prescribed in points c-h, clause 1, Article 15 of Decree No. 31/2018/ND-CP on eCoSys.”

4. Amendments to clause 1 Article 9:

“1. The Agency of Foreign Trade shall:

a) Formulate and submit GSP certification of origin to competent authorities for issuance or issuance within jurisdiction.

b) Act as a liaison with agencies and organizations in Norway and Switzerland to implement GSP certification of origin.

c) Take lead and cooperate with authorities, organizations, individuals related to inspection of GSP certification of origin.

d) Organize the registration and revocation of REX numbers in accordance with this Circular and current law; disseminate the GSP certification of origin; urge, instruct and resolve the concerns of traders, ensure transparency and convenience.

dd) Actively supervise, inspect the implementation of GSP certification of origin of traders, relevant organizations and individuals.

e) Manage, storage documents, applications, data for up to 05 years from the ending day of the year in which the GSP statement on origin is made out.”

5. Amendments to clause 3 Article 12:

“3. GSP certification of origin shall be automatically null and void when Norway or Switzerland refuses to grant the preferential treatment under the GSP scheme to Vietnam.”

6. The phrase “European Union, Norway, Switzerland or Turkey” is replaced by “Norway or Switzerland” in the name of the Circular, the last paragraph in the “Legal basis” part, Article 1, clause 1 Article 3, clauses 1 and 5 Article 4, clauses 3 and 6 Article 5.

7. The following phrases in Appendix (Form of statement on origin) are removed:

a) “European Union” and “Turkey” in Note 2.

b) “- If materials originate in the European Union, the text “EU cumulation”, “Cumul UE” or “Acumulación UE” shall be specified” , and “- If materials originate in Turkey, the text Turkey cumulation”, “Cumul Turquie” or “Acumulación Turquía” shall be specified” in Note 3.

8. Article 10 is annulled.

Article 3. Implementation clause

1. This Circular comes into force from May 05, 2025.

2. In cases where legislative documents prescribed in this Circular are amended, supplemented, or replaced, the newer documents shall prevail.