RULES OF ORIGIN WITHIN THE FRAMEWORK OF THE RCEP
The Ministry of Industry and Trade issues the Circular No. 05/2022/TT-BCT, providing the Rules of Origin within the framework of the Regional Comprehensive Economic Partnership (RCEP) on February 18, 2022.
Accordingly, for preferential tariff treatment, the importer shall submit a valid proof of origin to the customs authority of the importing Party. Goods originating in the exporting Party with a customs value not exceeding 200 USD or the equivalent amount or higher in the importing Party’s currency shall not be required a proof of origin, provided that the importation is not a consecutive sequence or the consignment is not intentionally subdivided for the purpose of evading the submission of the proof of origin to the competent authority
Also in accordance with this Circular, packaging materials and containers for transportation purposes shall not be taken into account in determining the originating status of any good. In case a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale shall be taken into account as originating materials or non-originating materials of the good, as the case may be, in calculating the regional value content of the good, etc.
Besides, in order to verify the origin of imported goods, competent authorities of an importing Party may conduct an inspection or a verification of origin of imports by one or more of the following forms: Sending a written request to the importer for more information; Sending a written request to the exporter or producer for more information; Sending a written request to the C/O issuing authority or organization or the competent authority of the exporting Party for more information, etc.
This Circular takes effect on April 04, 2022.
