Step up negotiations on customs commitments within the FTA framework

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Free trade agreements (FTAs) play an important role in facilitating import and export activities. Illustration photo: Ha Phuong

Actively participate in negotiating customs-related regulations

According to the General Department of Customs, in 2024, implementing the request of the national focal point for negotiating FTAs ​​- the Ministry of Industry and Trade, the General Department of Customs will continue to be the focal point for participating in negotiating the Customs and Trade Facilitation Chapter within the framework of free trade agreements.

For example, the ASEAN - Canada Free Trade Agreement (ACaFTA) (Customs Procedures and Trade Facilitation Chapter - CPTF) was launched in August 2022. Until now, the CPTF Group has negotiated 9 sessions, agreeing on 15/22 Articles, specifically including: objectives and principles, scope, consistent application, customs procedures and customs control, pre-arrival processing, risk management, customs valuation, post-clearance inspection, express shipments, customs cooperation, enquiry points, consultations, customs agents, and behavioral standards.

In addition to participating in the negotiations, Vietnam also takes on the role of Chair of the ASEAN Internal Negotiations and Co-Chair of the Negotiations between ASEAN and Canada, and provides opinions on a number of related contents under the Chapter of General Provisions and Exceptions of the Agreement. It is expected that the ACaFTA Agreement will conclude negotiations in 2025.

Or the Upgraded ASEAN Trade in Goods Agreement (ATIGA) (Chapter on Customs Procedures and Trade Facilitation - CPTF), after the 7th session, the CPTF Group has agreed on 17 Articles out of a total of 22 Articles and is expected to complete negotiations in 2024. The remaining contents that need to continue negotiating are mainly related to cooperation initiatives being implemented in ASEAN such as the mutual recognition agreement on priority enterprises, exchange of electronic certificates through the ASEAN Single Window, and customs transit.

Regarding the upgraded ASEAN-China Free Trade Agreement (ACFTA) (Customs Procedures and Trade Facilitation Chapter - CPTF), since the launch of the upgrade negotiations in January 2023, there have been 4 internal negotiation sessions and 3 plenary negotiation sessions. Currently, the CPTF Group has agreed on 5 Articles out of a total of 26 Articles.

Regarding the Vietnam-UAE Comprehensive Economic Partnership Agreement (CEPA) (Customs Procedures and Trade Facilitation Chapter), negotiations and legal review were completed in September 2024 and the Agreement was signed on October 28, 2024.

Facilitating customs procedures

In addition to promoting negotiations on customs commitments within the framework of FTAs ​​under negotiation, the General Department of Customs actively supports businesses to effectively utilize commitments in signed FTAs, especially CPTPP, EVFTA, UKVFTA, and complete the implementation of the FTA with Israel.

The most prominent feature of the new generation FTAs ​​related to customs procedures is that businesses are issued self-certified documents for goods to enjoy special preferential tax rates, instead of the C/O mechanism issued by competent authorities as before.

From the above provisions in the FTAs, Circular No. 33/2023/TT-BTC dated May 31, 2023 has stipulated the method of managing the inspection of self-certification documents of good origin for enterprises granted qualified exporter codes, such as: REX code (EVFTA Agreement), EORI code (UKVFTA), CE (amended ATIGA Agreement and RCEP Agreement), etc.

New generation FTAs ​​do not stipulate the time of submission at the time of carrying out procedures but allow enterprises to submit at the time of the effective date of the C/O. From the above advantages in the FTAs, the new Circular has stipulated that enterprises that submit at any time will enjoy incentives at that time without having to declare late submission of documents certifying the origin of goods when not submitted at the time of carrying out customs procedures, and at the same time accept documents submitted in scanned or electronic form without requiring the original, but enterprises save and present them to the Customs authority when conducting inspections.

In addition, the General Department of Customs has actively coordinated with the Ministry of Industry and Trade to develop legal documents to bring Vietnam - Israel Free Trade Agreement (VIFTA) into effect. Currently, this Agreement has been effective since October 15, 2024.

In parallel, the Customs authority has been doing a good job in combating fraud of goods origin and trade defense to protect the economy, businesses, and domestic market, as well as in accordance with international commitments.