New trade regulations take effect in 2019

New regulations on identification of origins

Circular 38/2018/TT-BTC dated October 30, 2018 on regulations on identification of origin of imported and exported goods took effect on January 1, 2019.

The document regulates the implementation of the Registered Exporter System (REX) applied in the Generalized System of Preferences (“GSP”) for goods exported to European Union countries, and Norway, Switzerland, and Turkey.

REX is the system of self-certification of goods’ origin performed by companies which themselves issue so-called statements of origin (instead of applying for a certificate of origin). A REX code is not required for exports whose EXW values do not exceed €6,000. 

The Ministry of Industry and Trade (MoIT) promulgated the Circular No. 42/2018/TT-BTC amending and supplementing the Circular No.31/2015/TT-BCT prescribing implementation of rules of origin in the Agreement Establishing the ASEAN – Australia – New Zealand Free Trade Area (AANZFTA).

Accordingly, procedures for grant of AANZ sample C/O are subject to the Decree No.31/2018/ND-CP elaborating on the Law on Foreign Trade Management in terms of the origin of goods and the Circular No. 05/2018/TT-BCT prescribing the origin of goods. Implementation of these procedures is also subject to provisions set forth in the Appendix III to the Circular No. 31/2015/TT-BCT.

Circular No. 42/2018/TT-BTC entered into force on January 1, 2019.

Temporary suspension on imports and exports

The MoIT on November 15, 2018 issued Circular 44/2018/TT-BCT providing for suspension of temporary import for re-export of round timber and sawn timber from natural forests of Laos and Cambodia.

The Circular came into force from January 01, 2019 to December 31, 2023.

The MoIT issued Circular 51/2018/TT-BCT on amendments to a number of articles of Joint Circular No. 47/2011/TTLT-BCT- BTNMT dated December 30, 2011. This Circular is to amend procedures for import of ozone layer-depleting substances (HCFC).

Accordingly, upon importing HCFCs, traders shall only apply for a license at the Ministry of Industry and Trade; they shall be except from registration of the import at the Ministry of Natural Resources and Environment as prescribed in Clause 3 Article 2 of Circular No. 47/2011/TTLT-BCT-BTNMT.

The application for a license for import of HCFCs at the Ministry of Industry and Trade is also simplified.

This Circular took effect from February 4, 2019.

The MoIT also promulgated Circular 41/2018/TT-BTC prescribing the list of waste suspended for temporary import, re-export, which is applicable until December 31, 2019./.

By Kim Loan