Circular 49/2025/TT-BCT rules of origin of goods under ASEAN-Korea Trade in Goods Agreement

CIRCULAR

Providing for the Rules of Origin of Goods under the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation among the Governments of member countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea

Pursuant to the Decree No. 40/2025/ND-CP dated February 26, 2025 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, amended by the Decree No. 109/2025/ND-CP dated May 20, 2025 defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam;

Pursuant to the Decree No. 31/2018/ND-CP dated March 08, 2018 of the Government detailing the Law on Foreign Trade Management regarding origin of goods;

Pursuant to the Decree No. 146/2025/ND-CP dated June 12, 2025 of the Government providing for the delegation of powers and decentralization in the field of industry and trade;

In implementation of the Trade in Goods Agreement under the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation among the Governments of member countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea, signed in Kuala Lumpur, Malaysia on August 24, 2006; and the Third Protocol amending the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation among the Governments of member countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea, signed on a rotating basis on November 22, 2015 in Kuala Lumpur, Malaysia, within the framework of the 27th ASEAN Summit, which was approved by the Government under the Resolution No. 150/NQ-CP dated September 22, 2023;

At the proposal of the Director General of the Agency of Foreign Trade;

The Minister of Industry and Trade promulgates the Circular providing for the Rules of Origin of Goods under the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation among the Governments of member countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the Rules of Origin of Goods under the Trade in Goods Agreement within the Framework Agreement on Comprehensive Economic Cooperation among the Governments of member countries of the Association of Southeast Asian Nations (ASEAN) and the Government of the Republic of Korea (Korea) (hereinafter referred to as the “Agreement”).

Article 2. Subjects of application

This Circular applies to:

1. C/O issuing agencies and organizations.

2. Traders.

3. Agencies, organizations and individuals having activities concerning the origin of imported and exported goods.

Article 3. Interpretation of terms

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

1. CIF 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.

2. FOB means the value of the goods on board, including the cost of goods transportation from the manufacturer to the port or the final place before the cargo ship leaves the port.

3. Goods means materials or products that are wholly obtained or that are produced solely for use as raw materials for other subsequent production process.

4. Harmonized System means the Harmonized Commodity Description and Coding System as defined in the International Convention on the Harmonized Commodity Description and Coding System, including all legal notes currently in force and as amended from time to time.

5. Fungible materials means materials of the same kind and commercial quality, with the same physical and technical characteristics, for which differences in origin cannot be distinguished by mere visual inspection once such materials are incorporated into the finished product.

6. Materials means parts, raw materials, accessories, components, and assemblies used in the production process.

7. Non-originating goods mean products or materials that do not satisfy the rules of origin as prescribed in this Circular.

8. Originating goods mean products or materials that satisfy the rules of origin as prescribed in this Circular.

9. Packing material and container for transportation means the packing material or container used to protect a good during its transportation, different from that container or material used for its retail sale.

10. Preferential tariff treatment means tariff concessions granted to originating goods as reflected by the applicable tariff rates under the Agreement.

11. Product-specific rules means the rules that require materials to undergo a change in tariff classification or a specific production or processing operation, or to satisfy a regional value content requirement, or a combination of all these criteria.

12. Production means methods of creating a product, including growing, mining, harvesting, raising, breeding, extracting, reaping, gathering, capturing, fishing, trapping, hunting, manufacturing, producing, processing, or assembling goods.

13. Party means an ASEAN Member country or the Republic of Korea.

14. Third country means a country other than a Party, or a Party that is not the importing Party or the exporting Party; accordingly, the term “third countries” shall be understood in the same manner.

15. Exploitation rights referred to in Clause 6, Article 6 of this Circular mean the rights to access fishery resources of a coastal country, arising from agreements or other arrangements between a Party and such coastal country, which are concluded at the government level or by a duly authorized private organization.

16. International law referred to in Clause 6, Article 6 of this Circular means international law that is generally accepted, such as the United Nations Convention on the Law of the Sea.

17. Chemical reaction means a process (including a biochemical process) which results in a molecule with a new structure by breaking intra-molecular bonds and by forming new intra-molecular bonds, or by altering the spatial arrangement of atoms in a molecule.

18. Back-to-back Certificate of Origin (C/O) Form AK means a C/O issued by the intermediate exporting Party on the basis of a previously issued C/O Form AK of the first exporting Party.

19. Customs authority means the competent authority in charge of enforcing customs regulations and laws under the laws of a Party relating to the importation, exportation and transit of goods, as these activities are associated with customs duties, charges and other taxes, or with prohibitions, restrictions and controls on the movement of goods requiring inspection along the borders of the customs authority of each Party.

20. Exporter means a natural or legal person located in the territory of a Party where a good is exported from by such a person.

21. Importer means a natural or legal person located in the territory of a Party where a good is imported into by such a person.

22. Producer means a natural or legal person that carries out production as prescribed in Clause 12 of this Article within the territory of a Party.

23. C/O issuing agencies and organizations means the competent agencies or organizations designated by the exporting Party to issue the Certificates of Origin (C/Os) and to notify the names, addresses, specimen signatures and specimen seals, as well as to update such information upon any change, to all other Parties.

24. Agricultural and horticultural products means agricultural and horticultural products grown in the territory of an exporting Party, which shall be considered as originating in that Party even if they are grown from seeds, bulbs, roots, cuttings, grafts or other parts of plants imported from the territory of a third country.

25. Products obtained from aquaculture mean fishery products in the territory of an exporting Party which shall be considered as originating in that Party provided that they are raised from embryos or breeds such as eggs, two-year-old salmon, salmon fingerlings, glass eels, or mollusc eggs, which are normally fed with starter feed such as rotifers or plankton.

Article 4. Certification and verification of origin of goods in Vietnam

1. The following Appendices are promulgated together with this Circular:

a) Appendix I: Product-specific rules.

b) Appendix II: Regulations applicable to certain special goods under Article 9 of this Circular.

c) Appendix III: Certificate of Origin (C/O) Form AK.

d) Appendix IV: Supplementary declaration form for C/O, Form AK.

2. The agencies and organizations issuing C/Os, Form AK of Vietnam are the Agency of Foreign Trade (under the Ministry of Industry and Trade) and organizations assigned by the People’s Committees of provinces and centrally run cities. The registration of specimen signatures and specimen seals, and the updating of such specimens by the C/O issuing agencies and organizations (Form AK) shall be carried out in accordance with the guidance of the Agency of Foreign Trade (under the Ministry of Industry and Trade). The list of Vietnamese C/O issuing agencies and organizations (Form AK) shall be updated at the Ministry of Industry and Trade’s electronic certificate of origin issuance system at www.ecosys.gov.vn.   

3. The process of certification and inspection of origin of goods must comply with the Government’s Decree No. 31/2018/ND-CP of March 8, 2018, detailing the Law on Management of Foreign Trade regarding origin of goods, legal provisions on origin of goods, and this Circular.

CHAPTER II

METHODS OF IDENTIFYING ORIGIN OF GOODS

Article 5. Originating goods

1. Goods imported into the territory of a Party shall be considered as originating goods and eligible for preferential tariff treatment if such goods satisfy one of the following origin criteria:

a) Goods are wholly obtained or produced entirely in the territory of an exporting Party in accordance with Article 6 of this Circular.

b) Goods are not wholly obtained or not produced entirely in the territory of an exporting Party, provided that such goods satisfy the provisions of Article 7 or Article 8 or Article 9 or Article 10 of this Circular.

2. Except as provided in Article 10 of this Circular, the criteria for goods to satisfy the rules of origin under this Circular must be fulfilled continuously within the territory of the exporting Party.

Article 6. Wholly obtained originating goods

Within the meaning of Point a Clause 1 Article 5 of this Circular, the goods shall be considered as wholly obtained or produced entirely in the territory of a Party in the following cases:

1. Plants and plant products harvested, picked, or gathered after being grown in that Party.

2. Live animals born and raised in that Party.

3. Products obtained from live animals specified in Clause 2 of this Article.

4. Products obtained from hunting, trapping, fishing, aquaculture, gathering, or capturing conducted in that Party.

5. Minerals and other naturally occurring substances not listed in Clauses 1 to 4 of this Article, extracted or taken from the soil, waters, seabed or beneath the seabed in that Party.

6. Products of sea-fishing taken by vessels registered with a Party and flying the flag of that Party, and other marine products taken by that Party or by persons of that Party from the waters, seabed or beneath the seabed outside the waters of that Party, provided that the Party has the rights to exploit natural resources in such waters, seabed and beneath the seabed in accordance with international law.

7. Products of sea-fishing and other marine products taken from the high seas by vessels registered with a Party and entitled to fly the flag of that Party.

8. Products processed or made on board factory ships registered with a Party or entitled to fly the flag of that Party, exclusively from the products referred to in Clause 7 of this Article.

9. Products obtained from outer space by that Party or by persons of that Party.

10. Substances collected in that Party which can no longer perform their original functions or cannot be repaired or restored, and are suitable only for disposal as waste, or for partial recovery as raw materials, or for recycling purposes.

11. Waste and scrap resulting from manufacturing operations conducted in that Party, or used products collected in that Party, provided that such waste and scrap or used products are suitable only for recovery as raw materials.

12. Goods obtained or produced in the territory of the exporting Party exclusively from the products referred to in Clauses 1 through 11 of this Article.

Article 7. Not wholly obtained originating goods

1. Under Point b Clause 1 Article 5 of this Circular, in case the goods do not fall under Article 8 of this Circular, such goods shall be considered as originating goods if they either attain a Regional Value Content (hereinafter referred to as RVC) of at least 40% calculated on the FOB value, or undergo a change in tariff classification at the four-digit level (hereinafter referred to as CTH) of the Harmonized System.

2. The RVC shall be calculated based on one of the following two methods:

a) Direct calculation formula:

In which, “VOM” means the value of originating materials, including the value of originating materials, direct labor costs, direct overhead costs, freight costs, and profit.

or

b) Indirect calculation formula:

In which, “VNM” means the value of non-originating materials or materials of undetermined origin, which may be:

b1) The CIF value at the time of importation of the materials, parts, or goods; or

b2) The first purchase price of the materials, parts, or goods of undetermined origin within the territory of the Party where the processing or manufacturing operations are carried out.

3. The exporter or producer of the exporting Party may flexibly apply either the direct RVC calculation formula or the indirect RVC calculation formula in accordance with clause 2 of this Article. The selected RVC calculation formula shall be applied consistently throughout one fiscal year of such exporter or producer. In case the importing Party conducts an examination or verification of the origin of goods, any examination or verification of the RVC criterion shall be carried out on the basis of the RVC calculation formula used by the exporter or producer of the exporting Party.

Article 8. Product-specific rules

Goods as prescribed at Point b, Clause 1, Article 5 of this Circular that satisfy the Product-Specific Rules set out in Appendix I enclosed with this Circular shall be considered as originating in the territory of the Party where the processing or manufacturing operations of such goods are carried out.

Article 9. Regulations applicable to certain special goods

1. Special goods shall be considered as originating even if they are produced, processed, or manufactured in areas outside the territory of the Republic of Korea and the ASEAN member countries (such as industrial zones), using materials exported from a Party, and are subsequently re-imported into that same Party.

2. The list of special goods of Vietnam, the rules of origin, and the process for certification and verification of origin applicable to the special goods specified in Clause 1 of this Article are provided in Appendix II enclosed with this Circular.

Article 10. Cumulation of origin

Goods originating in the territory of one Party and used as materials for the production of goods eligible for preferential tariff treatment in the territory of another Party shall be considered as originating in the Party where the final goods are produced or processed.

Article 11. Minimal operations and processes

1. Simple describes operation that does not require special skills, machines, apparatus or equipment especially produced or installed for carrying out such operation.

2. Simple mixing as referred to at Point m, Clause 4 of this Article describes an operation that does not require the use of special skills, machines, apparatus or equipment especially produced or installed for carrying out such operation. Simple mixing does not include chemical reaction.

3. Slaughtering as referred to at Point p, Clause 4 of this Article means the mere slaughtering of animals and subsequent processes such as cutting, chilling, freezing, salting, drying, or smoking for the purpose of preservation during storage or transport.

4. The following operations or processes that are undertaken exclusively by itself or in combination in the territory of a Party, shall not be considered as simple operations, and the goods shall not be considered as originating in the territory of that Party:

a) Preserving operations to ensure that the products remain in good condition during transport and storage.

b) Changes of packaging, breaking-up and assembly of packages.

c) Simple washing, cleaning, or removal of dust, oxides, oil, paint, or other surface coatings.

d) Simple painting and polishing operations.

dd) Husking, partial or total bleaching, polishing, and glazing of cereals or rice.

e) Coloring of sugar or forming sugar into lumps.

g) Simple peeling, stoning, or un-shelling.

h) Simple sharpening, simple grinding or simple cutting.

i) Sorting, screening, arranging, classifying, grading, or matching.

k) Simple bottling, canning, packing into flasks, bags, cases, boxes, affixing on cards or information boards, and other simple packaging operations.

l) Affixing or printing marks, labels, logos and other similar distinguishing signs on products or their packaging.

m) Simple mixing of products, whether of the same kind or of different kinds.

n) Simple assembly of parts of products to constitute a complete product or disassembly of products into parts.

o) Simple inspection or testing.

p) Slaughtering of animals.

5. Goods falling under Chapters 50 to 63 shall not be considered as originating in the territory of a Party, even if they satisfy both the RVC criterion and the change in tariff classification criterion, where the following operations are carried out, whether individually or in combination, in that Party:

a) Simple combining operations, labelling, simple ironing or pressing, washing or dry cleaning, packaging operations, or any combination of the aforementioned operations.

b) Cutting lengthwise or crosswise and hemming of fabrics, sewing or overlocking that can be readily identified as being intended for a specific commercial purpose.

c) Trimming (cutting) or attaching accessories such as cords, belts, beads, hooks, rings or eyelets by sewing, hooking, joining, or gluing.

d) Bleaching, waterproofing, steaming, shrinking, alkali soaking (to polish the fabric), or similar processes carried out merely for finishing purposes.

dd) Embroidery where the embroidered portion accounts for less than 5% of the total surface area of the embroidered product, or where the embroidered portion weighs less than 5% of the total weight of the embroidered product.

6. Goods originating in the territory of a Party shall retain their original origin when exported from another Party where only the minimal operations and processes specified in Clauses 4 and 5 of this Article are carried out.

Article 12. Direct consignment

1. Preferential tariff treatment shall be applied to goods satisfying the requirements provided in this Circular and which are consigned directly from the territory of the exporting Party to the territory of the importing Party.

2. Goods transported through the territory of one or more intermediate third countries shall still be considered as directly consigned, provided that:

a) The transit entry is justified for geographical reason or by consideration related exclusively to transport requirements;

b) The goods have not entered into trade or consumption there; and

c) The goods have not undergone any operation there other than unloading and reloading or any other operation to preserve them in good condition.

Article 13. De minimis

1. Goods that do not satisfy the change in tariff classification criterion as prescribed in Articles 7 and 8 of this Circular shall nevertheless be considered as originating, provided that they comply with other provisions of this Circular and fall under one of the following cases:

a) For goods not classified under Chapters 50 to 63 of the Harmonized System, the value of all non-originating materials used in the production of the goods that do not satisfy the change in tariff classification criterion shall not exceed 10% of the FOB value of such goods;

b) For goods classified under Chapters 50 to 63 of the Harmonized System, the weight of all non-originating materials used in the production of the goods that do not satisfy the change in tariff classification criterion shall not exceed 10% of the total weight of such goods.

2. The value of non-originating materials as stipulated in Clause 1 of this Article shall be treated as the value of non-originating materials when applying the RVC calculation formula.

Article 14. Regulations on packaging and packaging materials

1. In case of packaging materials and containers used for retail sale purposes:

a) The value of packaging materials and containers shall be included when determining the origin of goods applying the RVC criterion in accordance with Article 7 of this Circular, provided that such packaging materials and containers constitute an integral part of the goods;

b) The packaging materials and containers classified together with the packaged goods shall not be taken into account as non-originating materials used in production when determining the origin of goods applying the change in tariff classification criterion.

2. In case of the packaging materials and containers used for transportation purposes, such packaging materials and containers shall not be taken into account when determining the origin of the goods.

Article 15. Accessories, spare parts and tools

Accessories, spare parts, tools, and instruction manuals or other informational materials accompanying the goods shall not be taken into account when determining the origin of such goods, provided that they are classified and subject to duties together with the goods.

Article 16. Neutral elements

When determining the origin of a good, it shall not be required to determine the origin of the following neutral elements which are used in its production but not incorporated into the good:

a) Fuel and energy.

b) Tools, dies, and molds.

c) Spare parts and materials used for the maintenance of equipment and factories.

d) Lubricants, greases, compounds, and other materials used in the production process or for operating equipment and factories.

dd) Gloves, glasses, footwear, clothing, and occupational safety and protective equipment

e) Equipment, devices, and materials used for testing or inspecting the goods.

g) Any other materials that are not incorporated into the goods, provided that their use in the production process can be demonstrated to be part of that production process.

Article 17. Fungible materials

1. The determination of originating materials and non-originating materials that are mixed or combined in a natural manner and used in the production of goods shall be carried out by applying inventory management accounting principles that are generally accepted in the territory of the exporting Party.

2. Once a decision is made to apply a particular inventory management accounting principle, that principle shall be applied consistently throughout one fiscal year of the exporter or producer.

CHAPTER III

CERTIFICATION AND VERIFICATION OF ORIGIN OF GOODS

Article 18. Documents evidencing the origin of goods

For the purpose of determining the origin of goods, the C/O issuing agencies and organizations shall have the right to require traders to present supporting documents or to conduct inspections where deemed necessary, in accordance with the laws of the relevant Party.

Article 19. Pre-exportation verification

The producer or exporter of the goods, or the authorized representative, may submit an application to the C/O issuing agency and organization to request verification of the origin of goods prior to exportation, in accordance with the laws of the Party. The results of such verification, subject to review periodically or whenever appropriate, shall be accepted as supporting documents for determining the origin of goods for subsequent exports. The pre-exportation verification of the origin of goods is not required for goods whose origin can be readily determined based on the nature of the goods themselves.

Article 20. Submission of dossiers of application for C/Os

The producer or exporter, or an authorized representative, shall submit an application for the issuance of a Certificate of Origin (C/O), enclosed with the necessary supporting documents proving that the goods to be exported qualify for the issuance of a C/O in accordance with the laws of the relevant Party.

Article 21. Inspection of dossiers of application for C/Os

1. The C/O issuing agency and organization shall inspect each application for the issuance of a C/O to ensure that:

a) The C/O is fully completed and duly signed by the authorized signatory.

b) The origin of the good is in conformity with the provisions of this Circular. 

c) Other information declared on the C/O is consistent with the accompanying supporting documents.

d) The description, quantity and weight of the goods, marks and number of packages, number and kinds of packages, as specified, conform to the good to be exported.

2. Multiple items may be declared on a single C/O, provided that each kind of goods satisfies the corresponding rules of origin.

Article 22. Certificate of Origin (C/O) Form AK

1. In order to enjoy preferential tariff treatment, the goods must be accompanied by a C/O Form AK issued by the C/O issuing agency and organization.

2. A C/O Form AK shall satisfy the following conditions:

a) It shall be in paper form bearing a signature and stamp issued in hard copy, or bearing an electronic signature and electronic seal of the C/O issuing agency and organization of the exporting Party.

b) It shall be made on A4-size paper.

c) It shall conform to the form prescribed in Appendix III attached to this Circular.

d) It shall be in English language.

3. A set of a C/O Form AK shall consist of one (01) original and two (02) copies (Duplicate and Triplicate).

4. In case there is insufficient space to declare multiple items on one C/O Form AK, the Parties shall use the Supplementary Declaration of C/O in accordance with the form prescribed in Appendix IV attached to this Circular. In addition to the Supplementary Declaration of C/O, ASEAN member countries may also opt to use the original C/O Form AK.

5. Each C/O Form AK shall bear a unique reference number issued by the C/O issuing agency and organization. The FOB value shall be indicated in Box 9 of the C/O Form AK only where the Regional Value Content (RVC) criterion is applied.

6. The original C/O Form AK shall be sent by the producer or exporter to the importer for submission to the customs authority of the importing Party. The first copy (Duplicate) shall be kept by the C/O issuing agency and organization of the exporting Party. The second copy (Triplicate) shall be retained by the producer or exporter.

7. In case a C/O Form AK is rejected, the customs authority of the importing Party shall mark the relevant box, clearly state the reason for the denial of tariff preferences in Box 4 of the C/O, and return the original C/O Form AK to the C/O issuing agency and organization within two (02) months.

8. In case a C/O Form AK is rejected under Clause 7 of this Article, the customs authority of the importing Party may accept the explanation provided by the C/O issuing agency and organization for consideration of the grant of tariff preferences. Such explanation provided by the C/O issuing agency and organization must be detailed and must adequately address the issues raised by the importing Party.

Article 23. Treatment of erroneous declaration in the C/O Form AK

Neither erasures nor superimpositions shall be allowed on a C/O. Any alteration shall be made by either of the following methods:

1. Striking out the erroneous materials and making any addition required. Such alteration must be approved by the authorized signatory of the C/O Form AK and certified by the C/O issuing agency and organization. Any unused spaces shall be crossed out to prevent any subsequent addition.

2. A new C/O Form AK may be issued to replace the erroneous one. The C/O issuing agency and organization must clearly state the issuance date of the erroneous C/O on the new C/O.

Article 24. Issuance of the C/O Form AK

1. The C/O Form AK shall be issued before or at the time of shipment, or no later than three (03) working days from the date of shipment, provided that the exported goods are considered originating in the territory of the exporting Party in accordance with this Circular.

2. The C/O issuing agency and organization of an intermediate Party may issue a back-to-back C/O Form AK at the request of the exporter when the goods are transiting through the territory of that Party, provided that:

a) The exporter presents the valid original C/O Form AK.

b) The exporter applying for the back-to-back C/O Form AK is also the importer in the intermediate Party;

c) The origin verification process stipulated in Article 31 of this Circular is applied.

3. In case the C/O Form AK is not issued before or at the time of shipment, or no later than 03 working days from the date of shipment due to unintentional errors or omissions or other valid causes, the C/O Form AK may be issued retroactively within 01 year from the date of shipment and shall bear the endorsement “ISSUED RETROACTIVELY”.

Article 25. Theft, loss, or destruction of C/O Form AK

In case of theft, loss, or destruction of C/O Form AK, the producer or exporter may submit an application to the C/O issuing agency and organization for issuance of a certified true copy of the original C/O Form AK, on the basis of export documents kept by the C/O issuing agency and organization. Such a certified true copy shall bear the endorsement “CERTIFIED TRUE COPY” in Box 12, and indicate the date of issuance of the original C/O Form AK. The certified true copy shall be issued within 01 year from the date of issuance of the original C/O Form AK.

Article 26. Submission of the C/O Form AK

In order to be granted preferential tariff treatment at the time of import customs clearance, the importer shall submit to the customs authority of the importing Party: the customs declaration, the C/O Form AK, supporting documents (such as the commercial invoice, through bill of lading issued in the territory of the exporting Party, where required), and other documents as requested in accordance with the laws of the importing Party.

Article 27. Time limit for submission and validity of the C/O Form AK

1. The C/O Form AK must be submitted to the customs authority of the importing Party in accordance with the laws of that Party within the following time limits:

a) Twelve (12) months from the date of issuance, in the case of a C/O Form AK.

b) Twelve (12) months from the date of issuance of the initial C/O Form AK, in case of a new C/O issued to replace an erroneous C/O in accordance with Clause 2, Article 23 of this Circular;

c) Twelve (12) months from the date of issuance of the original C/O Form AK, in case of a back-to-back C/O Form AK in accordance with Clause 2, Article 24 of this Circular.

2. In case the C/O Form AK is submitted to the customs authority of the importing Party after the time limit specified in Clause 1 of this Article, it may still be accepted if the failure to comply with the prescribed time limit is due to force majeure or other legitimate reasons beyond the control of the producer or exporter.

3. The customs authority of the importing Party shall accept the C/O Form AK provided that the goods are imported within the validity period of the C/O. 

Article 28. Waiver of C/O Form AK

1. The C/O Form AK shall be waived in the following cases:

a) Goods originating in the territory of a Party with an FOB value not exceeding USD 200 (two hundred United States dollars);

b) Goods sent by postal service from the territory of a Party with an FOB value not exceeding USD 200 (two hundred United States dollars).

2. In case the customs authority of the importing Party determines that the importation constitutes a series of consecutive shipments or that consignments are deliberately split for the purpose of evading the requirement to submit a C/O Form AK, the imported goods shall not be entitled to the exemption specified in Clause 1 of this Article.

Article 29. Treatment of minor discrepancies

1. In case the origin of the goods is not in doubt, the minor discrepancies between the information declared on the C/O Form AK and the documents submitted to the customs authority of the importing Party at the time of import clearance shall not invalidate the C/O Form AK, provided that such discrepancies are consistent with the actually imported goods.

2. For multiple items declared under the same C/O Form AK, any issue arising in respect of one item shall not affect or delay the granting of preferential tariff treatment and customs clearance for the remaining items. The handling of items with discrepancies shall be carried out in accordance with Point c, Clause 3, Article 31 of this Circular.

Article 30. Record keeping

1. For the purpose of origin verification in accordance with Article 31 and Article 32 of this Circular, the producer or exporter shall keep the records and documents related to the application for issuance of the C/O Form AK for at least 3 years from the date of issuance of the C/O in accordance with the law of the exporting Party.

2. The importer shall keep relevant import-related documents in accordance with the laws of the importing Party.

3. The C/O issuing agency and organization shall keep the records and documents related to the application for issuance of the C/O Form AK for at least 03 years from the date of issuance of the C/O.

4. At the request of the importing Party, information on the validity of the C/O Form AK shall be provided by the authorized signatory of the C/O and certified by the competent government authority.

5. Any information shared among Parties shall be kept confidential and shall be used solely for the purpose of verifying the validity of the C/O.

Article 31. Inspection after issuance of C/O Form AK 

1. The importing Party may request the C/O issuing agency and organization of the exporting Party to conduct a random inspection or an inspection where there is reasonable doubt as to the authenticity of the document or the accuracy of the information relating to the origin of the goods concerned or any part thereof.

2. The C/O issuing agency and organization of the exporting Party shall inspect the cost statement of the producer or exporter based on costs and prices prevailing within a period of six (06) months before or after the date of exportation of the goods.

3. The procedure for inspection after issuance of C/O Form AK shall be as follows:

a) The inspection request from the importing Party shall be accompanied by the relevant C/O Form AK, clearly stating the reasons for the request as well as any additional information indicating that the particulars stated on the C/O may be inaccurate, except in the case of random inspection.

b) The C/O issuing agency and organization of the exporting Party shall promptly acknowledge receipt of the inspection request and provide a reply within two (02) months from the date of receipt of the request.

c) The customs authority of the importing Party may temporarily suspend the grant of preferential tariff treatment while awaiting the inspection result. However, the customs authority of the importing Party may apply necessary procedures, including applying a higher import duty rate or requiring the importer to place a security deposit in an appropriate amount, and allow the clearance of the goods, provided that the goods are not subject to import prohibition or restriction and that there is no suspicion of origin fraud.

d) The C/O issuing agency and organization shall promptly forward the inspection results to the importing Party for determination of whether the goods qualify as originating or non-originating. The entire inspection process, including notification to the C/O issuing agency and organization of the exporting Party of the final determination on the origin of the goods, shall be completed within six (06) months. Throughout the inspection process, Point c of this Article shall apply.

4. Prior to submitting an inspection request in accordance with Clauses 1, 2 and 3 of this Article, the customs authority of the importing Party may require the importer to provide information or documents relating to the origin of the imported goods in accordance with the laws of the importing Party.

Article 32. Verification of origin of goods in the exporting Party

1. In case the importing Party does not agree with the results of the inspection conducted in accordance with Article 31 of this Circular, it may request an on-site verification to be carried out in the exporting Party.

2. Prior to conducting the on-site verification in the exporting Party as stipulated in Clause 1 of this Article, the importing Party shall simultaneously send a written notification of the on-site verification plan to the following parties:

a) The producer or exporter owning the warehouse or factory subject to the on-site verification.

b) The C/O issuing agency and organization of the Party in the area where the on-site verification is to be conducted.

c) The customs authority of the Party in the area where the on-site verification is to be conducted.

d) The importer of the goods subject to the on-site verification.

3. The written notification referred to in Clause 2 of this Article shall contain all of the following information:

a) The name of the customs authority issuing the written notification.

b) The name of the producer or exporter owning the warehouse or factory subject to the on-site verification.

c) The proposed date of the on-site verification.

d) The proposed scope of the on-site verification, including the goods to be verified.

dd) The names and titles of the officials conducting the on-site verification.

4. The producer or exporter owning the warehouse or factory subject to the on-site verification shall send a written consent to the importing Party. If no written consent is received from the producer or exporter within 30 days from the date of receipt of the written notification as prescribed in Clause 2 of this Article, the importing Party may deny the grant of preferential tariff treatment to the goods subject to verification.

5. Upon receipt of the written notification, the C/O issuing agency and organization may temporarily postpone the on-site verification and shall notify the importing Party within 15 days from the date of receipt of the notification from the importing Party. Notwithstanding such postponement, the on-site verification shall be conducted within 60 days from the date of receipt of the written notification from the importing Party, or within a longer period as mutually agreed by the Parties.

6. The Party conducting the on-site verification shall provide the producer or exporter owning the goods subject to verification and the relevant C/O issuing agency and organization with a written decision stating whether the goods subject to verification meet or do not meet the rules of origin in accordance with this Circular.

7. Any suspension of preferential tariff treatment shall be revoked on the basis of the written decision confirming that the goods meet the rules of origin as specified in Clause 6 of this Article.

8. The producer or exporter shall be entitled to submit written comments or additional information concerning the eligibility of the goods for preferential tariff treatment within 30 days from the date of receipt of the written decision. In case the goods are still considered not originating, the final written decision shall be notified to the C/O issuing agency and organization within 30 days from the date of receipt of the written comments or additional information from the producer or exporter. 

9. The on-site verification process, including the conduct of the on-site inspection and the issuance of a written decision as to whether the goods subject to verification qualify as originating or do not qualify as originating in accordance with Clause 7 of this Article, shall be carried out and the results notified to the C/O issuing agency and organization within six (06) months from the date on which the on-site verification is first conducted. During the on-site verification process, Point c Clause 3 Article 31 of this Circular shall apply.

Article 33. Confidentiality

1. The competent authorities of Vietnam shall maintain the confidentiality of business and commercial information collected during the inspection and verification process in accordance with Articles 31 and 32 of this Circular, and shall not disclose such information in order to avoid causing harm to the competitive position of the information provider.

2. Subject to the laws and regulations and agreements of the Parties, confidential information may only be disclosed by the competent authorities of one Party to another Party for the purpose of administering and enforcing the determination of the origin of goods.

Article 34. Denial of preferential tariff treatment

The importing Party may deny preferential tariff treatment or recover unpaid duties in accordance with its laws in case the goods do not comply with the rules of origin as stipulated in this Circular.

Article 35. Change of destination of goods

In case the goods exported to a Party change the destination of the whole or part of a consignment before or after the goods arrive at the port, such change shall be handled in accordance with the following provisions:

1. In case the goods have already been imported into the territory of the importing Party, the customs authority of the importing Party shall authenticate the C/O Form AK applicable to the whole or part of the consignment based on the application for preferential tariff treatment submitted by the importer together with the original C/O Form AK.

2. In case the goods change their destination from that stated on the issued C/O Form AK during transport to the importing Party, the producer or exporter shall submit an application for the issuance of a new C/O Form AK for the whole or part of the consignment and return the previously issued C/O Form AK.

Article 36. Documents applicable to the direct consignment requirement

Under Article 12 of this Circular, the following documents shall be submitted to the customs authority of the importing Party:

1. Through bill of lading issued in the territory of the exporting Party;

2. C/O Form AK;

3. Copy of the original commercial invoice;

4. Other relevant documents proving that the transport complies with the requirements set out in Article 12 of this Circular.

Article 37. Exhibition goods

1. Goods sent from an exporting Party for exhibition in another Party and sold during or after the exhibition for importation into the territory of a Party shall be granted preferential tariff treatment, provided that the goods meet the rules of origin prescribed in this Circular, and provided that it can be proven to the relevant customs authority of the importing Party that:

a) The exporter dispatched those goods from the territory of the exporting Party to the country where the exhibition is held, and the goods were exhibited there;

b) The exporter sold or otherwise transferred the goods to the consignee in the territory of the importing Party;

c) The goods have been consigned during the exhibition or immediately thereafter to the territory of the importing Party in the state in which they were sent for the exhibition. 

2. In order to implement the provisions in Clause 1 of this Article, the C/O Form AK shall be submitted to the competent authority of the importing Party, clearly indicating the name and address of the exhibition. The C/O issuing agency and organization of the Party where the exhibition takes place shall issue a form of certification together with the documents specified in Clause 4, Article 36 of this Circular to certify that the goods participated in the exhibition.

3. Clause 1 of this Article shall apply to any exhibition, trade fair, agricultural or handicraft fair, or similar shows or displays, or sales at shops or business premises for the purpose of selling foreign goods, provided that the goods remain under customs control during the exhibition.

Article 38. Third country invoicing

1. The customs authority of the importing Party shall accept a C/O Form AK in case the commercial invoice is issued either by a company located in a third party or by an exporter representing the said company, provided that the goods satisfy regulations on rules of origin prescribed in this Circular.

2. The exporter shall indicate the phrase “Third Country Invoicing” and provide the name and country of the company issuing the third-country invoice on the C/O Form AK.

CHAPTER IV

IMPLEMENTATION PROVISIONS

Article 39. Implementation organization

1. Guidelines and unified interpretations related to the rules of origin, which are consented by Parties one after another or consented in writing at meetings of the Implementing Committee under the Agreement, shall serve as the grounds for implementation by C/O issuing agencies and organizations and customs authorities.

2. The Agency of Foreign Trade (under the Ministry of Industry and Trade) shall notify the C/O issuing agencies and organizations, and the Customs Department (under the Ministry of Finance) shall notify the customs authorities of the matters specified in Clause 1 of this Article.

Article 40. Implementation provisions

1. This Circular shall take effect from May 01, 2026.

2. In case the documents referred to in this Circular are replaced or amended or supplemented, the replacement documents or the amended and supplemented documents shall apply.

3. This Circular replaces the following Circulars:

a) Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade, on the implementation of the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

b) Circular No. 26/2018/TT-BCT dated September 14, 2018 amending and supplementing the Appendix IV issued together with the Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade, on the implementation of the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

c) Circular No. 13/2019/TT-BCT dated July 31, 2019 amending and supplementing a number of articles of the Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade, on the implementation of the Rules of Origin under the ASEAN-Korea Free Trade Agreement.

d) Circular No. 04/2024/TT-BCT dated March 27, 2024 amending and supplementing a number of articles of the Circular No. 20/2014/TT-BCT dated June 25, 2014 of the Minister of Industry and Trade, on the implementation of the Rules of Origin under the ASEAN-Korea Free Trade Agreement./.