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FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND EUROPEAN UNION (EVFTA)

The EVFTA Agreement provides three methods to determine the origin of a good, including:

  1. a pure originating good,
  2. the good has been substantially processed or processed,
  3. item-specific rules (PSR).

In addition, the aggregation rule allows Vietnam and the EU countries to treat the raw materials of one or more other member countries as their own when using that material to produce a good. Origin EVFTA.

In addition, the two sides have agreed on some new contents as follows:

Mechanism of self-certification:

In addition to the traditional system of issuing Certificate of Origin (C / O), the two sides agreed to allow exporters to self-certify their origin. This is the mechanism by which exporters self-declare origin of products in documents and submit them to the customs authorities of the importing country instead of having to apply for certificates of origin from the authorities.

For goods exported from the EU:

For consignments valued at less than 6,000 EUR, any exporter can self-certify the origin.

For consignments valued at over EUR 6,000, only an Approved exporter will be able to self-certify the origin.

Currently, the EU is building a system of Registered exporters - a system that allows exporters only need to register with a competent authority to self-certify the origin. When this system is completed and applied, the EU will notify Vietnam before implementation.

For goods exported from Vietnam:

Currently, Vietnam has not officially implemented a self-certification mechanism. In the coming time, when it can officially apply this mechanism, Vietnam will issue relevant domestic regulations and notify the EU before implementing it.

It is expected that the exporter will self-certify the origin on an invoice, delivery note or any other commercial document describing the product concerned with enough information to identify the product. Self-certification documents do not have to show origin criteria and HS codes of goods but must bear the signature of the exporter. In the event that the eligible exporter has registered with the competent authority of the exporting country to take full responsibility for the self-certification of origin issued by them, no signature is required. .

In addition, self-certification may be carried out after the export of goods provided that the proof of origin is presented to the importing Party no later than 2 years or the period specified. set in the importing Party's law, from the time the good is imported into the territory of that Party.

Product specific rules (PSR):

Product-specific rules are the rules of determining origin for each item (at the 8-digit HS code level). PSR lists are developed by Vietnam and the EU based on the following main criteria:

  1. Limiting the proportion of non-originating materials in the production and processing process,
  2. Criteria for converting the group (level 4 digits) and grouping (level 6 digits) of the HS code of the final product against the HS code of the materials involved in the production process,
  3. Specific processing stage,
  4. Processing is performed on wholly obtain originating materials.