Circular 08/2020/TT-BCT rules of origin under Vietnam - Cuba Trade Agreement

CIRCULAR

Providing the rules of origin under the Vietnam - Cuba Trade Agreement

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Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on 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 dated March 08, 2018 on detailing the Law on Foreign Trade Management regarding goods origin;

In furtherance of the Vietnam - Cuba Trade Agreement signed on November 09, 2018, in Vietnam;

At the proposal of the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade hereby promulgates the Circular on providing the rules of origin under the Vietnam - Cuba Trade Agreement.

Chapter I

SPECIFIC PROVISIONS

Article 1. Scope of regulation

This Circular provides the rules of origin under the Vietnam - Cuba Trade Agreement (hereinafter 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

According to this Circular, the following terms are construed as follows:

1. Heading change is the use of non-originating materials in the production process to convert HS codes at the 4-digit level.

2. “Chapters”, “Headings” and “Subheadings” mean Chapters (02 digits), Heading (04 digits) and Subheading (06 digits) used in the list of the Harmonized Commodity Description and Coding System; hereinafter referred to as "Harmonized System" or "HS".

3. CIF value means the value of the imported goods when they are shipped to the port or the border gate of the importing country, including the insurance and freight charge. This value is calculated according to the Customs Valuation Agreement.

4. “Classified” means the classification of goods or materials into specific Chapters, Headings or Subheadings of the Harmonized System.

5. Competent agency means the agency in charge of managing and supervising the implementation of the Agreement:

a) In Cuba, the Ministry of Industry and Trade and the Ministry of Finance shall coordinate.

b) In Vietnam, the competent agency shall be the Ministry of Industry and Trade.

6. Customs agency means the agency in charge of managing and implementing regulations and customs law, according to each country's law:

a) In Cuba, the customs agency shall be the General Department of Customs.

b) In Vietnam, the customs agency shall be the General Department of Vietnam Customs.

7. Day means the working day, excluding Saturday, Sunday and holidays.

8. FOB value is the value of the goods on board, including the cost of goods transportation to the port or the final place before the cargo ship leaves the port. This value is calculated according to the Customs Valuation Agreement.

9. Fungible materials means materials that are interchangeable for commercial purposes, whose properties are essentially identical and are indistinguishable by the naked eye.

10. Goods means product or material; such material or product may be wholly obtained even when used as material in the production of other goods.

11. Harmonized System is an internationally standardized system of names and numbers to classify traded products. It was developed and maintained by the Customs Organization.

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