Circular 01/2024/TT-BCT amend Circular 21/2016/TT-BCT implementation of the Rules of Origin provided in VN-EAEU FTA

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 21/2016/TT-BCT of September 20, 2016, on the implementation of the Rules of Origin provided in the Free Trade Agreement between Vietnam and the Eurasian Economic Union^[1]

Pursuant to the Government’s Decree No. 96/2022/ND-CP of November 29, 2022, 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 March 8, 2018, detailing the Law on Foreign Trade Management regarding goods origin;

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

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’ s Circular No. 21/2016/TT-BCT of September 20, 2016, on the implementation of the Rules of Origin provided in the Free Trade Agreement between Vietnam and the Eurasian Economic Union.

Article 1. To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 21/2016/TT-BCT of September 20, 2016, on the implementation of the Rules of Origin provided in the Free Trade Agreement between Vietnam and the Eurasian Economic Union (below referred to as Circular No. 21/2016/TT-BCT), which is amended and supplemented under the Minister of Industry and Trade’s Circular No. 11/2018/TT-BCT of May 29, 2018, amending and supplementing the Minister of Industry and Trade’s Circular No. 21/2016/TT-BCT of September 20, 2016, on the implementation of the Rules of Origin provided in the Free Trade Agreement between Vietnam and the Eurasian Economic Union (below referred to as Circular No. 11/2018/TT-BCT)

1. To replace Appendix II - Product Specific Rules (PSR) provided in Clause 2, Article 2 of Circular No. 21/2016/TT-BCT (which has been replaced by the Appendix provided in Article 2 of Circular No. 11/2018/ TT-BCT) with the Appendix to this Circular.

2. To amend and supplement Article 3 of Circular No. 21/2016/TT-BCT (which is amended and supplemented under Article 1 of Circular No. 11/2018/TT-BCT) as follows:

The process of certifying and checking certificates of origin (C/Os) is provided in Appendix I to Circular No. 21/2016/TT-BCT; the Government’s Decree No. 31/2018/ND-CP of March 8, 2018, detailing the Law on Foreign Trade Management regarding origin of goods; and regulations on origin of goods.

Article 2. Implementation provisions

1. This Circular takes effect on March 1, 2024.

2. C/O-issuing authorities shall consider issuing C/Os, Form EAV, according to PSR, HS 2022 version, provided in the Appendix to this Circular, including late issuance of C/Os for shipments exported and delivered on or after October 1, 2023, for enjoyment of preferential tariffs under the Free Trade Agreement between Vietnam and the Eurasian Economic Union.

3. Customs offices shall accept C/Os, Form EAV, issued on or after October 1, 2023, according to PSR, HS 2022 version. Procedures for checking C/Os, Form EAV, to grant preferential tariffs must comply with the Free Trade Agreement between Vietnam and the Eurasian Economic Union and relevant legal documents.

4. This Circular annuls the Minister of Industry and Trade’s Circular No. 11/2018/TT-BCT of May 29, 2018, amending and supplementing the Minister of Industry and Trade’s Circular No. 21/2016/TT-BCT of September 20, 2016, on the implementation of the Rules of Origin provided in the Free Trade Agreement between Vietnam and the Eurasian Economic Union.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN SINH NHAT TAN

* The Appendix to this Circular is not translated.