Vietnam: In which cases shall goods be considered “wholly obtained"?

Currently, goods are considered “wholly obtained" when they are produced, extracted, caught, or gathered entirely within the territory of a participating party to an agreement without incorporating any components from another country. Each trade agreement has different provisions regarding "wholly obtained" origin.

Specifically, according to Clause 1 Article 5 of Circular No. 12/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, the following goods shall be considered as wholly produced or obtained:

- Plants and plant products (including fruits, flowers, vegetables, trees, seaweed, fungi and live plants) grown, harvested, picked or gathered in a Party.

- Live animals born and raised in a Party.

- Goods obtained from live animals in a Party without further processing, including milk, eggs, natural honey, hair, wool, semen and dung.

- Goods obtained from hunting, trapping, fishing, aquaculture, gathering or capturing in a Party.

- Minerals and other naturally occurring substances extracted or taken from the soil, waters, seabed or beneath the seabed in a Party.

- Goods taken from the waters, seabed or beneath the seabed outside the territorial waters of a Party, provided that that Party has the rights to exploit such waters, seabed and beneath the seabed in accordance with generally accepted international laws, including the United Nations Convention on Law of the Sea - UNCLOS in 1982.

- Goods of sea fishing and other marine products taken from the high seas by vessels registered with a Party or entitled to fly the flag of that Party.

- etc.

View full text in Circular No. 12/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, which takes effect from September 12, 2019.

Thu Ba

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