Circular No. 05/2018/TT-BCT dated April 3, 2018 of the Ministry of Industry and trade on the origin of goods

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 05/2018/TT-BCT dated April3, 2018 of the Ministry of Industry and trade on theorigin of goods

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No.31/2018/ND-CP dated March 8, 2018 of the Government on guidelines for the Law on foreign trade management in terms of origin of goods;

At the request of Director of Import and export Department,

The Minister of Industry and Trade promulgates a Circular on origin of goods.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular prescribes the origin of goods and declaration of origin of exported goods and imported goods.

Article 2.Subject of application

This Circular applies to traders, issuing authorities of C/O; and other entities relating to origin of goods.

Article 3. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1.C/Ois an abbreviated name of “Certificate of Origin”.

2.CNMis an abbreviated name of “Certificate of Non-manipulation”.

3.Harmonized systemis an abbreviated name of “Harmonized Commodity Description and Coding System” as defined in the International Convention on Harmonized Commodity Description and Coding Systems of World Customs Organization, including all Explanatory Notes came into force and subsequent amendments.

4.Product Specific Rulesare requirements based onchange in tariff classification, specified manufacturing or processing operations, prescribed thresholds of percentages of value addition, or combination of any of these.

5.CIFmeans the value of the good imported and includes the cost of freight and insurance up to the port or place of entry into the country of importation.  The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on Customs Valuation.

6.FOBmeans the free-on-board value of the good, inclusive of the cost of transport to the port or site of final shipment abroad. The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on Customs Valuation.

Chapter II

DETERMINATION OF ORIGIN OF GOODS

Article 4. General provision on determining the origin of goods

An originating good, for the purposes of this Circular, is a good which is originating in a country, group of countries, or territory where the last processing operation is performed and substantially transforms such good.

Article 5. Provision of preferential rules of origin

1. The determination of origin of imports or exports for enjoyment of tariff or non-tariff preferences shall comply with treaties to which Vietnam has signed or acceded and relevant legal documents on guidelines for the implementation of these treaties.

2. The determination of origin of exports for enjoyment of general tariff preferences and other unilateral preferences shall comply with the rules of origin of importing countries regarding these preferences and regulations of the Ministry of Industry and Trade on guidelines for such rules of origin.

Article 6. Non-preferential provisions of origin

1. An exported or imported good shall be treated as which is as wholly produced or obtained in a country, group of countries, or territory if it complies with Article 7 Government s Decree No. 31/2018/ ND-CP dated March 8, 2015 on guidelines for the Law on Foreign Trade Management in terms of origin of goods (hereinafter referred to as Decree No. 31/2018/ND-CP).

2. An exported or imported good shall be treated as which is not wholly obtained or produced in a country, group of countries, or territory if it satisfies the criteria prescribed in the Appendix I of Product Specific Rules issued together with this Circular on guidelines for Decree No. 31/2018/ND-CP. Criteria for non-preferential goods in Appendix I:

a) “Change in tariff classification”(hereinafter referred to as CTC): means a change in two-digit, four-digit, or six-digit HS heading of a good as compared with the HS heading of non-originating materials (including imported materials and materials of undetermined origin) used for the production of such good.

b)"Local value content”(hereinafter referred to as LVC): is calculated according to the formula prescribed in Clause 3 of this Article.

3. LVC shall be calculated according to one of the two formulas:

a) Direct formula:

or

b) Indirect formula:

The applicant for C/O shall choose either direct formula or indirect formula at their own discretion to calculate LVC and apply the chosen formula throughout such financial year. The verification and identification of LVC criteria for exported goods of Vietnam shall be based on the aforesaid formula.

4. In order to calculate LVC according to the formula prescribed in Clause 3 of this Article, value of materials and cost incurred in the production process of goods shall be determined as follows:

a)“Value of materials originating in a country, group of countries, or territory of production”is inclusive of CIF value of materials acquired or locally produced that are originating in a country, group of countries, or territory; direct labor cost, overhead cost, other costs and profits.

b)“Value of materials originating in a country, group of countries, or territory of production” is CIF value of materials imported that are originating in a country, group of countries, or territory; or the earliest ascertained price stated in the VAT invoices associated with materials of unidentifiable origin used for the production, processing of ultimate product.

c)“FOB”is the value stated in the export contract which is calculated as follows:  “FOB = Ex-workshop price + other costs”.

-“Ex-workshop price” =Production cost + profit;

-“Production cost”= material cost + direct labor cost + overhead cost;

-“Material cost”covers expenses associated with purchase of materials, their cost of freight and insurance;

-“Direct labor cost”covers wages, bonuses and other welfare amounts related to the production process;

-“Overhead cost"covers: Overhead cost relates to production process (insurance for buildings, factory rents and hire-purchase cost, depreciation of buildings, repairs, taxes, collateral interests); hire-purchase cost and interests of factories and equipment; factory security; insurance (for factories and equipments used in the production process); expenses for essentials for production process (energy, electricity and other essentials to be used directly in the production process); research, development, design and workmanship; pressing molds, moulds, devices and amortization, maintenance and repairs of factories and equipment; patent royalties (in respect of patented machines or use of patented machines in production process or goods production licenses); testing of materials and goods; storage in factories; waste treatment; cost factors in calculating value of materials, such as port-related cost, good clearance and import duties on taxable components;

-"Other costs”are the costs incurred in placing the good in the ship or other means of transport for export including, but not limited to, domestic transport costs, storage and warehousing, port handling, brokerage fees, service charges and relevant costs incurred when loading goods onboard ships for export.

5. The applicant for C/O shall choose any of origin criteria prescribed in Clause 1 or Clause 2 of this Article to make declaration of origin in conformity with the nature of good provided that the good satisfies the criteria and other regulations in Chapter III of Decree No. 31/2018/ND-CP.

Article 7. Declaration and commitment of the origin of goods

1. An applicant for C/O shall use one of the following to declare that the exported good satisfies the preferential rules of origin or non-preferential rules of origin as prescribed in Point e Clause 1 Article 15 of Decree No. 31/2018/ND-CP:

a) A declaration of wholly-obtained exported goods (WO) using the prescribed form in Appendix II issued herewith if the materials thereof are acquired locally to produce those imported goods without VAT invoices;

b) A declaration of wholly-obtained exported goods (WO) using the prescribed form in Appendix III issued herewith if the materials thereof are acquired locally to produce those imported goods with VAT invoices;

c) A declaration of wholly-obtained exported goods in the ASEAN-Korea free trade area using the prescribed form in Appendix IV issued herewith if the goods satisfy “WO-AK” criteria in accordance with the Agreement on Trade in Goods within the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and Korea;

d)  A declaration of exported goods satisfying CTC criteria using the prescribed form in Appendix V issued herewith;

dd)  A declaration of exported goods satisfying De Minimis criteria using the prescribed form in Appendix VI issued herewith;

e) A declaration of exported goods satisfying LVC criteria using the prescribed form in Appendix VII issued herewith;

g) A declaration of exported goods satisfying RVC criteria using the prescribed form in Appendix VIII issued herewith;

h) A declaration of exported goods satisfying PE criteria “goods produced entirely in a Party from materials originating in one or more Parties” using the prescribed form in Appendix IX issued herewith if the goods satisfy PE criteria as prescribed in rules of origin in certain free trade agreements to which Vietnam is a signatory.

2. If the applicant for C/O is not the producer, it must request the producer to make a declaration using one of the forms prescribed in Clause 1 hereof and provide proof of origin to complete the application for C/O as prescribed in Point e Clause 1 Article 15 of Decree No. 31/2018/ND-CP.

3. If the originating goods or materials are locally produced and used in the subsequent stages to produce another good, the applicant for C/O shall request the producer or supplier to make a declaration using one of the forms prescribed in Appendix X issued herewith and give it to the applicant for C/O to complete the application for C/O as prescribed in Point g Clause 1 Article 15 of Decree No. 31/2018/ND-CP.

4. The electronic form of declarations as provided in Clauses 1, 2 and 3 of this Article shall be posted on the electronic C/O management system of the Ministry of Industry and Trade at www.ecosys.gov.vn or another website of the issuing authority designated by the Ministry of Industry and Trade.

Chapter III

DECLARATION OF C/O, C/O CONTINUATION SHEET AND CNM

Article 8. C/O declaration

1. C/O form B of Vietnam issued to exported goods as prescribed in Appendix XI issued herewith shall be made in the English language and print form. C/O form B of Vietnam details:

a) Box 1: exporter’s name, address, exporting country

b) Box 2: consignee’s name, address, importing country

c) Top right box: C/O reference number (inserted by designated issuing authority)

d) Box 3: date of departure, mean of transport (if sent by an aircraft then check “by air”, flight number, airport of discharge; if sent by seaway then check the vessel’s name and port of discharge)

dd) Box 4: the designated issuing authority, address, country

e) Box 5: intended only for customs authority at the port or place of entry

g) Box 6: description of goods and HS codes; marks and numbers on packages

h) Box 7: gross weight of goods or other quantity

i) Box 8: number and date of issue of commercial invoice

k) Box 9: C/O place of issue, date of issue, signature and seal of issuing authority

l) Box 10: C/O application place and date and signature of exporter (intended for applicant for C/O).

2. If preferential rules of origin in an international treaty to which Vietnam is signatory, preferential rules of origin under general tariff preferences and other unilateral preferences of importing country conferred on Vietnam have particular regulations on preferential C/O forms, the C/O declaration shall be done in accordance with regulations on the Ministry of Industry and Trade on guidelines for such treaty or law and regulations on importing country.

Article 9. Declaration of C/O Sheet

1. In case there is insufficient space on the C/O form B of Vietnam for many goods, a continuation sheet prescribed in Appendix XII issued herewith may be used. The C/O form B Continuation Sheet shall be made in the English language and print form. The contents of the C/O Continuation Sheet shall contain reference number as same as that of C/O and details from Point g to Point l Clause 1 Article 7 of this Circular.

2. If preferential rules of origin in an international treaty to which Vietnam is signatory, preferential rules of origin under general tariff preferences and other unilateral preferences of importing country conferred on Vietnam have particular regulations on C/O continuation sheet forms or guidance on declaration of multiple goods on the same C/O, the C/O continuation sheet declaration shall be done in accordance with regulations on the Ministry of Industry and Trade on guidelines for such treaty or law and regulations on importing country.

Article 10. CNM declaration

CNM issued by issuing authority as prescribed in Appendix XIII issued herewith shall be made in the English language and print form. CNM details:

1. Box 1: trader’s name, address, country

2. Box 2: consignee’s name, address, importing country

3. Box 3: country of origin

4. Box 4: country of destination

5. Box 5: date of entry to Vietnam, mean of transport’s name and number

6. Box 6: date of exit from Vietnam, mean of transport’s name and number

7. Box 7: description of goods and HS codes as stated in the original of C/O issued by the first exporting country (if any); marks and number of packages

8. Box 8: gross weight of goods or other quantity

9. Box 9: number and date of issue of commercial invoice

10. Box 10: CNM application place and date and signature of exporter (intended for applicant for CNM).

11. Box 11: CNM place of issue, date of issue, signature and seal of issuing authority.

Chapter IV

IMPLEMENTATIONPROVISIONS

Article 11. Implementationorganization

1. To post and public this Circular at:

a) The website of the Ministry of Industry and Trade www.moit.gov.vn;

b) The electronic C/O management system of the Ministry of Industry and Trade www.ecosys.gov.vn;

c) The head offices of issuing authorities of CO.

2. Issuing authorities shall provide specific guidelines for this Circular for applicants for C/O.

3. Any difficulties arising in the course of implementation of this Circular should be reported to Department of Export and Import affiliated to the Ministry of Industry and Trade for consideration.

Article 12.Implementation effect

This Circular takes effect on April 03, 2018./.

The Minister

Tran Tuan Anh