ATIGA RULES OF ORIGIN IN VIETNAM Asean Trade In Goods Agreement

Circular 22/2016/TT-BCT (“Circular 22”) was issued on October 3, 2016 come into effect from November 15, 2016 by the Ministry of Industry and Trade to replace Circular 21/2010/TT-BCT, regarding the implementation of origin rules of ASEAN Trade in Goods Agreement (“ATIGA”). Circular 22 was issued within the context of ASEAN countries having agreed on amendments to the origin rules chapter of ATIGA, including: (i) the list of technology commodities in keeping with the HS codes of 2012, and (ii) the C/O issuance and inspection procedures amended for the application of digital C/O (Form D).
In order to include the above international commitments of Vietnam into domestic legal framework, Circular 22 provides the following crucial changes:
1. Appendix IV: the list of technology commodities is in keeping with the HS codes of 2012.
The new list is composed of 441 HS codes, whereas the previous one contained 411 HS codes, ie. there are supplemental 30 HS codes.
2. Appendix VII: C/O issuance and inspection procedures.
Circular 22 added certain regulations for the application of the digital C/O (Form D), such as: the inspection of a dossier for the issuance, the presence, the storage and maintenance of digital C/O data.
3. Duration of data storage (applied for both paper and digital dossiers)
Duration is increased to 5 years (instead of 3 years).

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