Circular No. 07/2020/TT-BCT dated March 30, 2020 of the Ministry of Industry and Trade on amending and supplementing a number of Articles of the Circular No. 31/2015/TT-BCT dated September 24, 2015 of the Ministry of Industry and Trade on the implementation of rules of origin in the Agreement establishing the ASEAN – Australia – New Zealand Free Trade Area

CIRCULAR

on amending and supplementing a number of Articles of the Circular No. 31/2015/TT-BCT dated September 24, 2015 of the Ministry of Industry and Trade on the implementation of rules of origin in the Agreement establishing the ASEAN – Australia – New Zealand Free Trade Area

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Pursuant to the Government’s Decree No. 98/2017/ND-CP dated 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 May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

In order to implement the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which was concluded on February 27, 2009, at the 14th Summit in Thailand between member states of the Association of Southeast Asian Nations, Australia and New Zealand;

In order to implement the First Protocol on amendments to the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which was concluded on August 26, 2014, at the 46th ASEAN Economic Ministers Meeting in Myanmar;

At the proposal of the Director of the Import and Export Department;

The Minister of Industry and Trade promulgates a Circular on amending and supplementing a number of Articles of the Circular No. 31/2015/TT-BCT dated September 24, 2015 of the Ministry of Industry and Trade on the implementation of rules of origin in the Agreement establishing the ASEAN – Australia – New Zealand Free Trade Area (hereinafter referred to as the Circular No. 31/2015/TT-BCT).

Article 1. To amend and supplement a number of Articles of the Circular No 31/2015/TT-BTC as follow:

1. To amend and supplement Article 3 as follow:

“Article 3. Implementation and effect

1. This Circular takes effect on October 01, 2015.

2. This Circular replace the Circular No. 33/2009/TT-BCT dated November 11, 2009 of the Ministry of Industry and Trade on the implementation of rules of origin in the Agreement establishing the ASEAN – Australia – New Zealand Free Trade Area.

3. The instructions and unanimous interpretations related to the implementation of the Chapter on Rules of Origin shall be alternative agreed by the member countries or be agreed on the report of the implementation meeting of the Sub-Commission on Rules of origin (RC-ROO), the Commission of the Goods (CTG) and the Federal Joint Commission (FJC) within the framework of the implementation of the Agreement on establishing the ASEAN - Australia - New Zealand Free Trade Area (AANZFTA) shall be the basis for C/O issuing agencies and real customs authorities in implementation.

4. The contents mentioned in Clause 3 of this Article shall be notified to C/O issuing agencies and customs authorities through AANZFTA focal points in accordance with Article 3 of the Resolution No. 28/NQ-CP dated April 22, 2015 of the Government on approving the First Protocol to amend the Agreement on establishment of ASEAN - Australia - New Zealand Free Trade Area.”

2. To amend and supplement Clause 1 Article 10 in Appendix III issued together with the Circular No. 31/2015/TT-BCT as follow:

“Article 10.

1. The C/O shall be issued as soon as possible to, but no later than three (03) working days after the date of exportation.”

3. To amend and supplement Clause 11 in Appendix IV issued together with the Circular No. 31/2015/TT-BCT as follow:

“11. At the 10th box: Invoice number(s) and date of invoice(s) of the commercial invoice issued by the exporter or manufacturer or third party trader for the shipment imported into the importing country.”

Article 2. Effect

This Circular takes effect on October 01, 2015./.

The Minister

Tran Tuan Anh