Vietnam’s Circular 12: Which goods shall be eligible for preferential tariff treatment?

This content is specified in Circular No. 12/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam prescribing the rules of origin in the Framework Agreement on Comprehensive Economic Co-Operation between the Association of South East Asian Nations and the People’s Republic of China.

Specifically, a good shall be treated as an originating good and eligible for preferential tariff treatment if it meets the following rules of origin as well as all other applicable requirements of Circular No. 12/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam. To be specific:

xuat xu hang hoa, uu dai thue quan

- It is wholly produced or obtained in a party as provided in Article 6 of this Circular.

- It is produced in a Party exclusively from originating materials from one or more of the Parties.

- It is produced from non-originating materials in a Party, provided that the good has satisfied the requirements of Article 7 of this Circular.

Moreover, operational procedures for certification and examination of origin shall conform to provisions in Decree No. 31/2018/ND-CP of Vietnam’s Government providing guidelines for the Law on foreign trade management regarding origin of goods and relevant laws.

Also according to Circular No. 12/2019/TT-BCT, “non-originating good or non-originating material” means a good or material that does not qualify as originating under this Circular or a good or material of undetermined origin.

More details can be found 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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