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blue-check Regarding some regulations on goods origin

Official letter No. 309/XNK-XXHH dated May 14th, 2021 of the Ministry of Industry and Trade regarding regulations on goods origin
Posted: 20/5/2021 7:32:02 AM | Latest updated: 26/5/2021 4:48:45 PM (GMT+7) | LuatVietnam: 5210 | Vietlaw: 511
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This Official letter is to reply to 04 issues pertaining to origin of goods, including:

- Countries that applied the mechanism of self-certification of goods origin;

- Determination of minimal operations and processes;

- Definition of CTC (change in tariff classification);

- Labeling for exported goods.

Accordingly, at this time, the mechanism of self-certification of goods origin is just applied in the ASEAN Trade in Goods Agreement (ATIGA) and the Generalized System of Preferences (GSP) of the EU.

In principle conditions and procedures for registration of self-certification of goods origin are separately regulated according to each FTA. For example, in case of self-certification of goods origin under the ATIGA, it is required to carry out according to Circular No. 19/2020/TT-BCT ; in case of self-certification of goods origin according to the GSP EU, it is required to comply with Circular No. 38/2018/TT-BCT .

With regard to “minimal operations and processes” that are not considered upon determining origin of a particular goods item or a goods heading, the Ministry of Industry and Trade assumes that it is required to consult opinions of specialized agencies, organizations.

According to the Ministry of Industry and Trade’s opinions, the regulating in details of "minimal processing and assembling" for all goods items, goods headings (about 97 chapters of the Table of code classification of imports, exports) is not feasible. As the result, at Article 3, Article 9 of Decree No. 31/2018/ND-CP and in current Agreements on goods origin only mention general rules of determination rather than promulgating a list of minimal processing and assembling for each specific goods item.

Relating to labeling for exported goods, now it is not regulated in Decree No. 43/2017/ND-CPstatus2 (this Decree only regulates the labeling for imported goods). However, the Ministry of Science and Technology shall supplement such regulation upon promulgating a decree amending Decree No. 43/2017/ND-CPstatus2 .

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 511
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