Circular 02/2021/TT-BCT Rules of Origin in the Free Trade Agreement Vietnam - United Kingdom
Rules of Origin within the framework of UKVFTA
The Ministry of Industry and Trade promulgates the Circular No. 02/2021/TT-BCT providing the Rules of Origin within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland on June 11, 2021.
Accordingly, the following shall be considered as wholly obtained in a Party: Mineral products extracted from its soil or from its seabed; Plants and vegetable products grown and harvested or gathered there; Live animals born and raised there; Products obtained by hunting or fishing conducted there; etc.
Besides, materials not qualifying as originating may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed 10% of the weight of the product or ex-works price for products of Chapters 2 and 4 to 24 of the Harmonized System, other than processed fishery products referred to in Chapter 16 of the Harmonized System.
Additionally, a proof of origin shall be valid for 12 months from the date of issuance in the exporting Party, and shall be submitted to the customs authorities of the importing Party within that period. The total value of the products eligible for exemptions from proof of origin shall not exceed EUR 500 in the case of small packages or EUR 1,200 in the case of products forming part of travelers’ personal luggage when they enters the UK.
This Circular takes effect on July 26, 2021.
For further details of the Circular 02/2021/TT-BCT, Click here
translation of the Official Gazette of the Vietnam News Agency
THE MINISTRY OF
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, June 11, 2021
Providing the Rules of Origin within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland
Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 31/2018/ND-CP of March 8, 2018, detailing the Law on Foreign Trade Management regarding goods origin;
In furtherance of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland, done at London, the United Kingdom, on December 29, 2020;
At the proposal of the Director General of the Agency of Foreign Trade;
The Minister of Industry and Trade promulgates the Circular providing the Rules of Origin within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland.
Article 1. Scope of regulation
This Circular provides the Rules of Origin within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA).
Article 2. Subjects of application
This Circular applies to:
1. Agencies and organizations issuing certificates of origin (C/O).
3. Agencies, organizations and individuals having activities concerning the origin of imported and exported goods.
Article 3. Interpretation of terms
For the purposes of this Circular, the terms below shall be construed as follows:
1. “Chapter”, “Heading” and Subheading” means the Chapter (two-digit code), the Heading (four-digit code) and the Subheading (six-digit code) used in the Harmonized Commodity Description and Coding System (below referred to as the “Harmonized System” or “HS”).
2. “Classified” means included in the classification of a product or material under a particular Chapter, Heading, or Subheading of the Harmonized System.
3. “Consignment” means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice.
4. “Customs value” means the value as determined in accordance with the Customs Valuation Agreement.
5. “Exporter” means a person, located in the exporting Party, that is exporting the goods to the other Party and is able to prove the origin of the exported goods, whether or not that person is the manufacturer or carries out the export formalities. The exporter is not necessarily the seller but issues invoices for the consignment (third-party invoices). The seller may be located in a territory of a non-Party to the UKVFTA.