Circular No. 03/2019/TT-BCT dated January 22, 2019 of the Ministry of Industry and Trade on providing the rules of origin under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

CIRCULAR

Providing the rules of origin under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership^[1]

Pursuant to the Government’s Decree No. 98/2017/ND-CP 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 Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed on March 8, 2018, in Chile;

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 under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the rules of origin under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as the Agreement).

Article 2. Subjects of application

This Circular applies to:

1. Agencies and organizations issuing certificates of origin (C/O).

2. Traders.

3. Agencies, organizations and individuals engaged in activities concerning origin of imports and exports under the Agreement.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Aquaculture means farming aquatic organisms including fish, mollusks, crustaceans, other aquatic invertebrates, and aquatic plants  from seed stock such as eggs, fry, fingerlings, or larvae, by intervention in the rearing or growth process to enhance production such as regular stocking, feeding or protection from predators.

2. Fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical.

3. Generally accepted accounting principles means those principles recognized by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These principles may encompass broad guidelines for general application, as well as detailed standards, practices and procedures.

4. Good means any merchandise, product, article or material.

5. Indirect material means a material used in the production, testing or inspection of a good but not physically incorporated into the good; or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including:

a/ Fuel, energy, catalysts and solvents;

b/ Equipment, devices and machinery used to inspect or test goods;

c/ Gloves, glasses, footwear, clothing, safety equipment and machinery;

d/ Tools, dies and molds;

dd/ Spare parts and materials used in the maintenance of equipment and buildings;

e/ Lubricants, greases, compounding substances and other materials used in production or used to operate equipment and buildings; and,

g/ Any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production.

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