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FREE TRADE AGREEMENT BETWEEN VIETNAM AND KOREA (VKFTA)

Origin criteria: According to the provisions of the Agreement, goods will be considered originating in a party (Vietnam or Korea) if one of the following conditions is met:

  • Is wholly obtained or produced in the territory of the exporting party;
  • Produced entirely in the exporting Party's territory and from originating materials only; either non-originating or not wholly produced in the territory of the exporting Party, but satisfying the rules of origin requirements specified in the Section-Specific Rules of Origin Annex goods (Annex 3-A) or the Appendix on special goods (Annex 3-B).

In general, the Rules of Origin in VKFTA are stricter than those in AKFTA but still relatively simple. To enjoy tariff preferences under VKFTA, goods need to meet one of the following criteria:

  • Regulated Regional Price Content (RVC) ratio (usually above 40%);
  • Satisfying the applicable change in tariff classification requirement at 2 digits, 4 digits or 6 digits); or undergone a manufacturing or processing (for textile products).

Goods that do not meet the change of classification requirement are still considered originating if:

  • For goods not covered by Chapters 50 to 63, the value of all non-originating materials does not exceed 10% of the FOB value of the goods.
  • For goods covered by Chapters 50 to 63, the weight of all non-originating materials does not exceed 10% of the weight of the good, or the value of all non-originating materials may not exceed 10% of the FOB value of the good.
  • Provisions for some special goods: The Agreement includes an Annex (3-B) on 100 special goods (The list of these goods can be modified if agreed by both parties). These are goods manufactured or processed in Khai Thanh Industrial Park on the Korean Peninsula. The Agreement has separate rules of origin and safeguard mechanism for this type of goods.

Regulations of origin: Goods are still considered originating whether they are manufactured or processed in Khai Thanh Industrial Park on the Korean Peninsula from materials exported from one party (Korea is the main one) , which is then re-imported back into that party, provided that the total value of the non-originating inputs does not exceed 40% of the FOB value of the good.

Certificate of Origin Procedures: Regarding the procedures for granting preferential certificates of origin (C/O), the FTA still applies the process of certificates of origin issuance through a authorized state agency as in previous signed VKFTAs that Vietnam is implementing.

In particular, the Agreement allows exemption from submission of Certificates of Origin for imported goods with a customs value of not more than USD 600 (FOB value), or a higher level if the importing country allows.