Integrated document No. 29/VBHN-BCT dated December 10, 2024 Circular on implementation of rules of origin under Asean Trade in Goods Agreement

CIRCULAR

ON IMPLEMENTATION OF RULES OF ORIGIN UNDER ASEAN TRADE IN GOODS AGREEMENT

The Circular No. 22/2016/TT-BCT dated October 03, 2016 of the Minister of Industry and Trade of Vietnam prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from November 15, 2016, is amended by:

1. The Circular No. 10/2019/TT-BCT dated July 22, 2019 of the Minister of Industry and Trade of Vietnam providing amendments to the Circular No. 22/2016/TT-BCT dated October 03, 2016 prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from September 05, 2019.

2. The Circular No. 25/2019/TT-BCT dated November 14, 2019 of the Minister of Industry and Trade of Vietnam providing amendments to the Circular No. 22/2016/TT-BCT dated October 03, 2016 prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from January 01, 2020.

3. The Circular No. 19/2020/TT-BCT dated August 14, 2020 of the Minister of Industry and Trade of Vietnam providing amendments to Circulars prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from September 27, 2020.

4. The Circular No. 10/2022/TT-BCT dated June 01, 2022 of the Minister of Industry and Trade of Vietnam providing amendments to some Circulars prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from July 16, 2022.

5. The Circular No. 03/2023/TT-BCT dated February 14, 2023 of the Minister of Industry and Trade of Vietnam providing amendments to the Circular No. 22/2016/TT-BCT dated October 03, 2016 prescribing rules of origin under the ASEAN Trade In Goods Agreement, coming into force from April 01, 2023.

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 of Vietnam;

Pursuant to the Government’s Decree No. 19/2006/ND-CP dated February 20, 2006 elaborating the Law on Commerce regarding origin of goods;

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

In implementation of the Protocol on the Legal Framework to implement the ASEAN Single Window done in Ha Noi, Vietnam on September 04, 2015;

At the request of the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade promulgates a Circular prescribing the implementation of Rules of Origin under the ASEAN Trade in Goods Agreement [1].

Article 1. Scope and regulated entities

1. This Circular provides for the implementation of Rules of Origin under the ASEAN Trade in Goods Agreement (hereinafter referred to as “ATIGA”).

2. This Circular applies to authorities, organizations and individuals involved in activities related to the origin of goods under ATIGA.

Article 2. Rules of origin

The following Appendices are promulgated together with this Circular to provide guidance on the implementation of Chapter 3 Rules of Origin and Procedures for issuance and verification of C/O (Certificate of Origin) under ATIGA:

1. Rules of Origin (Appendix I).

2. Product specific rules (Appendix I[2]).

3. Substantial transformation criterion for textiles and textile products (Appendix II[3]).

4. List of ITA products (Appendix III[4]).

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

6. Guidelines for partial cumulation (Appendix VI).

7. Issuance and verification of C/O (Appendix I[5]).

8. C/O Form D (Appendix II [6]).

9. Certificate of Origin completion guidance (Appendix III[7]).

10. List of C/O issuing authorities (Appendix V [8]).

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

1.[9] (abrogated).

2. The mechanism for pilot self-certification of origin of goods under ATIGA shall comply with applicable regulations of the Ministry of Industry and Trade. Goods whose origin is self-declared by traders under such mechanism must comply with the Rules of origin introduced in this Circular.

Article 4. Effect[10]

1. This Circular comes into force from November 15, 2016.

2. This Circular nullifies the Circular No. 21/2010/TT-BCT dated May 17, 2010 of the Minister of Industry and Trade of Vietnam on implementation of Rules of Origin under the ASEAN Trade In Goods Agreement and the Circular No. 42/2014/TT-BCT dated November 18, 2014 of the Minister of Industry and Trade of Vietnam providing amendments to the Circular No. 21/2010/TT-BCT ./.