WORLD TRADE  
ORGANIZATION  G/RO/N/68 
22 February 2011 
 (11-0923) 
Committee on Rules of Origin  
  
 
NOTIFICATION UNDER ARTICLE 5 OF 
THE AGREEMENT ON RULES OF ORIGIN  
 
  
A. N
ON-PREFERENTIAL RULES OF ORIGIN  
1. Article 5.1 of the Agreement on Rules of Origin  envisages that each Member shall provide to 
the Secretariat, within 90 days after the date entry in  to force of the WTO Agreement for it, its rules of 
origin, judicial decisions and admini strative rulings of general applicati on relating to rules of origin in 
effect on that date.  If by inadvertence a rule of origin has not been provide d, the Member concerned 
shall provide it immediately after this fact becomes k nown.  Lists of informatio n received and available 
within the Secretariat shall be circulated to the Members by the Secretariat.  2. Article 5.2 of the Agreement on Rules of Origin provides that during the period referred to in 
Article 2, Members introducing modifications, other than  de minimis  modifications, to their rules of 
origin or introducing new rules of origin, which, for the purpose of the Article, shall include any rule of 
origin referred to in paragraph 1 and not provided to the Secretariat, shall publish a notice to that effect 
at least 60 days before the entry into force of the mo dified or new rule in such a manner as to enable 
interested parties to become acquainted with the intention to m odify a rule of origin or to introduce a 
new rule of origin, unless exceptional circumstances arise or threaten to arise for a Member.  In these 
exceptional cases, the Member shall publish th e modified or new rule as soon as possible. 
 3. Previous notifications received are listed in the G/RO/N/- series.  Further notifications have 
been received as follows:
1 
 VIET NAM 
(Notification in English) 
  There is no new regulation.  B. P
REFERENTIAL RULES OF ORIGIN  
4. Paragraph 4 of Annex II of the Agreement on Ru les of Origin envisages that Members shall 
provide to the Secretariat promptly their preferential rules of origin, including a listing of the preferential arrangements to which they apply, judicial decisions, and administrative rulings of 
general application relating to their preferential rules of origin in effect on the date of entry into force 
of the WTO Agreement for the Member concerned.  Members shall provide any modifications to their 
preferential rules of origin or new preferential rule s of origin as soon as possibl e to the Secretariat.  
Lists of information received and available within th e Secretariat shall be circulated to Members by 
the Secretariat. 
                                                     
 
1 The notifications are available for consultation in the Secretariat (Market Access Division). G/RO/N/68 
Page 2  
 
  5. Previous notifications received are listed in the G/RO/N/- series.  Further notifications have 
been received as follows
2: 
 VIET NAM (Notification in English) 
 
 As at 1
st December 2009, Viet Nam has applied the fo llowing new preferentia l rules of origin:  
 
• Rules of Origin under the Agreement Estab lishing the ASEAN-Australia-New Zealand Free 
Trade Area (AANZFTA)  
 Under this preferential Rules of Origin, a good sh all be treated as an originating good if it is 
either: 
 
(a) wholly produced or obtained in a Party; 
(b) not wholly produced or obtained in a Party provided that the  good (not subject to the 
Product Specific Rules (PSR) has satisfied th e requirements of general rule (Regional 
Value Content (RVC) (40 %) or CTH);  or the goods subject to the PSR shall be 
treated as an originating good if it meets those PSR;  or 
(c) produced in a Party exclusively from originating materials from one or more of the 
Parties. 
 The RVC formula is using both the build-up and build-down method.  
 
The ROO under AANZFTA also has the other s upporting rules such as Cumulative Rules of 
Origin, Minimal Operations and Processes, De Minimis , Accessories, Spare Parts and Tools, 
Identical and Interchangeable Materials, Treat ment of Packing Materials and Containers, 
indirect materials. This ROO has been  effective (for Viet Nam) as of the 1st January 2010. 
 
• Rules of Origin under the the ASEAN-I ndia Trade in Goods Agreement (AIFTA)  
Under this preferential Rules of Origin, a good sh all be treated as an originating good if it is 
either: 
 
(a) Products which are wholly obtained or produced in the exporting Party; or 
(b) Products not wholly produced or obtained in the exporting Party provided that: 
- the AIFTA content is not less than 35 per cent  of the FOB value; and 
- the non-originating materials have undergone at least a change in tariff sub-heading 
(CTSH) level of the Harmonized System, 
 
provided that the final process of the manufactur e is performed within the territory of the 
exporting Party. 
 
The RVC formula is using both the direct and i ndirect method.  The PSR is supposed to be 
negotiated at a later stage.  
 
                                                      
2 The notifications are available for consultation in the Se cretariat (Market Access Division).  G/RO/N/68 
 Page 3 
 
 
  The ROO under AANZFTA also has the other s upporting rules such as Cumulative Rules of 
Origin, Minimal Operations and Processes, Acce ssories, Spare Parts and Tools, Identical and 
Interchangeable Materials, Treatment  of Packing Materials and Containers, Indirect Materials.  This 
ROO has been effective (for Viet Nam) as of the 1st June 2010. 
 
 
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