Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 3 - Jul/Aug/Sep 2022
 

Decision to Authorise the Division of Industry and Commerce of Provinces and the Capital to Issue and Manage Certificates of Origin of Goods that have Received Special Privileges

On 8 September 2022, the Ministry of Industry and Commerce ("MOIC") issued the Decision to Authorize the Division of Industry and Commerce of Provinces and the Capital to Issue and Manage the Certificate of Origin of Goods that have received Special Privileges No.1197/MOIC ("Decision"). The Decision replaces two earlier decisions, namely (i) the Decision on Authorising the Right of the Division of Industry and Commerce, throughout the country, to issue Certificates of Origin under the Preferential, No. 2036/MOIC.DIMEX, dated 12 October 2010; and (ii) the Decision on Authorising the Right of the Vientiane Capital Division of Industry and Commerce to issue and manage Certificates of Origin under the Preferential, No. 1880/MOIC.DIMEX, dated 5 September 2012.


Pursuant to the Decision, the Division of Industry and Commerce of Province and the Capital is empowered to issue and manage the relevant certificates of origin of goods that have received special privileges as follows:


  1. Form A for goods that meet the requirements of the product origin regulations under the general commercial privileges; preferential;
  2. Form D for goods that meet the requirements of the product origin regulations under the ASEAN Trade Agreement;
  3. Form S for goods that meet the requirements of the product origin regulations under the trade agreement between the Government of the Lao PDR and the Government of Vietnam;
  4. Form DFTP for goods that meet the conditions of the product origin regulations under; the unilateral trade privileges from India;
  5. Form APTA for products that meet the conditions of the product origin regulations under the Asia-Pacific Free Trade Agreement ("APTA");
  6. Form AI for products that meet the conditions of the product origin regulations under the ASEAN-India Free Trade Agreement;
  7. Form AHK for products that meet the conditions of the product origin regulations under the ASEAN-Hong Kong, China Free Trade Agreement;
  8. Form RCEP for products that meet the conditions of the product origin regulations under the Regional Comprehensive Economic Cooperation Agreement ("RCEP").

The issuance and continued use of a certificate of origin of goods that have received special privileges is granted upon the applicant's compliance with the terms, conditions, and instructions of the certification of origin of goods as defined in each contract from time to time. The Department of Import and Export of MOIC will coordinate and guide the Division of Industry and Commerce of Provinces and the Capital in the proper and effective implementation of the Decision. 



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

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Desmond Wee
Director
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