When are goods considered wholly produced or obtained in Vietnam?

When are goods considered originating?

Pursuant to the provisions of Article 6 of Decree 31/2018/ND-CP, a good shall be treated as an originating good if it is either:

- wholly produced or obtained in a country, group of country, or territory as provided in Article 7 of Decree 31/2018/ND-CP; or

- not wholly produced or obtained in a country, group of countries or territory provided that the good has satisfied the requirements of Article 8 of Decree 31/2018/ND-CP

When are goods considered wholly produced or obtained in Vietnam? (Internet image)

When are goods considered wholly produced or obtained in Vietnam?

Pursuant to the provisions of Article 7 of Decree 31/2018/ND-CP, the following goods shall be considered as wholly produced or obtained in a country, group of country, or territory:

(1) plants and plant goods, grown and harvested in a Party, the group of Parties, or the territory.

(2) live animals born and raised in a country, group of country, or territory.

(3) goods obtained from live animals as provided in (2).

(4) goods obtained from hunting, trapping, fishing, aquaculture, gathering, or capturing in a country, group of country, or territory.

(5) minerals and naturally occurring substances, not listed from (1) to (4), extracted or taken from soil, waters, seabed or beneath the seabed in a country, group of country, or territory.

(6) goods taken from waters, seabed or beneath the seabed beyond the territorial sea of a Party, a group of Parties, or territory provided that the country, group of country, or territory exercise jurisdiction under exploitation rights granted in accordance with international law.

(7) goods of sea-fishing and other marine goods taken from the high seas by any vessel registered or recorded with a country, group of country, or territory and entitled to fly the flag of that Party, group of Parties, or territory.

(8) goods produced on board any factory ship from goods as provided in (7) registered or recorded with a country, group of country, or territory and entitled to fly the flag of that Party, group of Parties, or territory.

(9) products obtained during the production or consumption in such country or territory which are no longer capable of performing their original functions and so irreparable and unrestorable that they can only be scrapped or used as materials or raw materials or recycled.

(10) goods produced or obtained from goods referred to in (1) to (9) in a country, group of country, or territory.

When are goods considered not wholly produced or obtained in Vietnam?

Pursuant to Article 8 of Decree 31/2018/ND-CP, a good shall be treated as which are not wholly obtained or produced in a country, group of country, or territory if it satisfies the criteria prescribed in the Appendix of Product Specific Rules stipulated by the Ministry of Industry and Trade.

Mai Thanh Loi

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