Circular 23/2025/TT-BCT amend Circular 05/2018/TT-BCT and Circular 38/2018/TT-BCT on certification of origin of goods

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 05/2018/TT-BCT dated April 03, 2018 of the Minister of Industry and trade, defining the origin of goods, and Circular No. 38/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade on prescribing certification of origin of goods under the Generalized System of Preferences of the European Union, Norway, Switzerland and Turkey

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Pursuant to the Government’s Decree No. 40/2025/ND-CP dated February 26, 2025, 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, detailing the Law on Foreign Trade Management in terms of origin of goods;

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

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Circular No. 05/2018/TT-BCT dated April 03, 2018 of the Minister of Industry and trade, defining the origin of goods, and Circular No. 38/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade on prescribing certification of origin of goods under the Generalized System of Preferences of the European Union, Norway, Switzerland and Turkey.

Article 1. Amending and supplementing Article 11 of the Circular No. 05/2018/TT-BCT dated April 03, 2018 of the Minister of Industry and trade, defining the origin of goods

To amend and supplement Clause 2 Article 11 as follows:

“2. The Agency for Foreign Trade shall issue and organize the implementation of C/O issuance in accordance with current law regulations for Vietnam's C/O form B, C/O form A under the Generalized System of Preferences (GSP), C/O form GSTP under the Global System of Trade Preferences (GSTP), C/O defined by the importing country, and CNM based on the C/O issued by the first exporting country. The Agency for Foreign Trade and the C/O issuing agencies and organizations shall be responsible for providing specific and clear guidance and explanations of this Circular to traders applying for C/O.”

Article 2. Supplementing, replacing and repealing a number of articles of the Circular No. 38/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade on prescribing certification of origin of goods under the generalized system of preferences of the European Union, Norway, Switzerland and Turkey

1. To amend and supplement Clause 4 Article 3 as follows:

“4. The organization receiving REX number registration is the Agency for Foreign Trade.”

2. To amend and supplement Clause 4 Article 4 as follows:

“4. Any applications for the REX number must be submitted online on the European Commission's website at customs.ec.europa.eu/rex-pa-ui, the Ministry of Industry and Trade's system for management and issuance of electronic certificates of origin at www.ccosys.gov.vn (eCoSys System).”

3. To amend and supplement Clause 5 Article 6 as follows:

“5. Within 3 working days from the date of issue, traders shall declare and upload the certificate of origin for goods under GSP and documents related to the exported goods shipment as defined from Point c to Point h Clause 1 Article 15 of Decree No. 31/2018/ND-CP on the eCoSys System.”

4. To amend and supplement Clause 1 Article 9 as follows:

“1. Responsibilities of the Agency for Foreign Trade:

a) To develop and submit to competent authorities for promulgation or promulgate within its competence documents implementing the certification of origin for goods under GSP.

b) To act as the focal point for contact with agencies and organizations of Norway and Switzerland for the implementation of certification of origin for goods under GSP.

c) To assuming the prime responsibility for, and coordinate with relevant agencies, organizations, and individuals in, inspecting the implementation of certification of origin for goods under GSP.

d) To organize REX number registration and revocation in accordance with this Circular and current law regulations; to disseminate the implementation of certification of origin for goods under GSP; to urge, guide, and answer questions from traders, ensuring transparency, openness, and convenience.

dd) To actively monitor, supervise, and inspect the implementation of certification of origin for goods under GSP by relevant traders, organizations, and individuals.

e) To organize the management, preservation, and storage of documents, dossiers, and electronic data for at least 5 years from the end of the year of issue for certificates of origin for goods under GSP.”

5. To amend and supplement Clause 3 Article 12 as follows:

“3. Certification of origin for goods under GSP shall not apply when Vietnam is not granted GSP by Norway and Switzerland.”

6. To replace the phrase “the European Union, Norway, Switzerland and Turkey” with the phrase “Norway and Switzerland” in the title of the Circular, the final paragraph of the legal basis of the Circular, Article 1, Clause 1 Article 3, Clauses 1 and 5 Article 4, and Clauses 3 and 6 Article 5.

7. To repeal the following phrases in the Appendix (Origin declaration form by the trader):

a) To repeal the phrases “the European Union” and “Turkey” in the Note 2.

b) To repeal the phrases “- Materials originating in the European Union shall be indicated as “EU cumulation”, “Cumul UE” hoặc “Acumulación UE”;” and “- Materials originating in Turkey shall be indicated as “Turkey cumulation”, “Cumul Turquie” hoặc “Acumulación Turquía”. in Note 3.

8. To repeal Article 10.

Article 3. Implementation provisions

1. This Circular takes effect on May 05, 2025.

2. In case legal normative documents mentioned herein are amended, supplemented or replaced, these amending, supplementing or replacing documents shall apply./.