Bài test năng lực ứng viên Dự án Samsung Retainer

Người thực hiện: Nguyễn Mai Chi

*Tóm tắt các ý chính và dịch:

Hiệp định Thương mại tự do giữa Việt Nam và Liên minh châu Âu EVFTA có hiệu lực đã
giúp thúc đẩy xuất khẩu các sản phẩm của Việt Nam sang thị trường Châu Âu, đồng thời
cũng đặt ra một số vấn đề về xuất xứ của sản phẩm. Bài báo nêu lên câu hỏi liệu các sản
phẩm nông sản gốc gác nước ngoài khi thu hoạch chế biến ở Việt Nam có được ghi xuất xứ
từ Việt Nam không để có thể hưởng ưu đãi về thuế quan khi xuất khẩu ra nước ngoài. Tương
tự, một mặt hàng khác sản xuất ở Việt Nam là điện thoại Samsung khi có được ghi xuất xứ
Việt Nam không? Trong Hội nghị “Tận dụng cơ hội từ EVFTA để thúc đẩy xuất khẩu trong
bối cảnh hậu COVID-19” đã đưa ra câu trả lời cho câu hỏi trên. Theo đó, các sản phẩm nông
sản được trồng, thu hoạch, chế biến tại Việt Nam được ghi xuất xứ từ Việt Nam. Sản phẩm
điện thoại Samsung khi trải qua công đoạn lắp ráp đòi hỏi kỹ thuật cao có thể được ghi xuất
xứ từ Việt Nam.

The EU-Vietnam Free Trade Agreement has promoted the export of Vietnamese products to
the European market but also raised some issues related to the origin of these products. In the
article, the writer proposed a question on whether agricultural products that have foreign
origin but were harvested and processed in Vietnam could be labeled as Vietnam-originated
in order to take advantage of the tariff preferences when exported abroad. Similarly, is there
any chance that another product produced in Vietnam, Samsung phones, could be recorded as
Vietnamese origin? In the Conference “Taking advantage of opportunities from The EU-
Vietnam Free Trade Agreement (EVFTA) to promote exports in the post COVID-19
context”, the answer for these above questions was given. Accordingly, the agricultural
products grown, harvested and processed in Vietnam can be labeled as originating from
Vietnam. The Samsung phone products that undergo a highly technical assembly process can
also be recorded as Vietnam-originated.

*Translating full article:

Could Samsung phones, Thailand mangoes, etc… be labeled as
Vietnam-originated?
Products that are currently enjoying many incentives when exported to Europe include
phones, computers, footwear, textiles and agricultural produce.

Can Samsung phones that are produced in Vietnam be labeled as Vietnamese origin
when exported to the European market? What is the origin of Thai durians and Taiwanese
mangoes grown and harvested in Vietnam? These are some interesting questions related to
the rules of goods’ origin in terms of enjoying tax incentives that were answered by experts in
the Conference “Taking advantage of opportunities from the EU-Vietnam Free Trade
Agreement to promote exports in the post-COVID-19 context” organized by the Ministry of
Industry and Trade on November 16.
“Sweet fruits” from the agreement
More than a year after the EVFTA came into effect, it has brought initial “sweet
fruits”. According to the Agency of Foreign Trade, in the first 10 months of this year,
Vietnam’s export turnover of goods to the Netherlands reached 6.02 billion USD, in which
1.04 billion USD was granted C/O (certificate of origin) to take advantage of preferential
tariffs; the export turnover of goods to Germany reached 5.83 billion USD, Belgium reached
2.87 billion USD and France’s is 2.52 billion USD… Most C/O-granted products are phones,
computers and computer components, footwear, textiles, steel and agricultural produce.
Ms. Trinh Thi Thu Hien, Head of the Import-Export Management Department,
Agency of Foreign Trade informed that the markets currently exporting the most shipments
granted certificates of origin are Germany, Belgium, France and the Netherlands. These are
all markets with import seaports and are the transit points and distribution centers in Europe,
as from here products spreading to other markets in Europe.
“Although the granted-certificates of origin export turnover rate to EU has reached
20.37% from the beginning of the year, it does not mean that the remaining nearly 80% of the
turnover is not granted with certificates of origin or subject to high tariffs. Because there are
many other factors that have not been taken into account, such as the number of companies
self-issuing certificates of origin when the order value is less than 6,000 euros, or some
companies apply for a certificate after exporting…” - Ms Hien said.

Thai durians still has tax incentives

Sharing more about how to meet the criteria of origin certificate in order to help
companies boost export in the post-COVID-19 context, Ms Trinh Thu Hien said: Some
products are required to have pure origin to enjoy tax incentives. These are mainly
agricultural products such as plants, vegetables, fruits, livestock, eggs, milk, honey…
Accordingly, if the first stage of the production process to the harvest stage takes
place in a territory that makes the product, then the origin of that product is the
aforementioned territory. Another group of agricultural products that does not require a pure
origin is chocolate.
Ms. Hien cites an example of chocolate originated from Belgium and Switzerland is
always introduced to be the best chocolate in the world. The main ingredient in chocolate is
cocoa. However, Belgium and Switzerland in fact do not grow any cocoa trees. Meanwhile,
cocoa is grown a lot in Africa. “We go to Belgium and Switzerland to buy Belgian, Swiss-
originated chocolate, and no one says that these chocolates originated from Africa.” She
explained.
Ms. Hien also said that some countries may have regulations in the origin of goods
and in some commitments for specific products, such as processed ones. For example, the
main ingredient can be extracted from a very far place, with an origin not entirely at the place
of production. As in the above case, chocolates in Belgium and Switzerland are processed
from the seeds of trees and then turned into food.
“The place where the cocoa beans are melted and chocolate is created is called the
original place of the goods, because the input material has completely changed its nature and
turned into the output product.” - Ms. Hien said.
 In addition to the processed agricultural products, there are also many industrial
products that undergo the processing process applying the same principle. According to
EVFTA regulations, plants and its products that are grown and harvested in a country would
originate from that country.
For example, the mango varieties from Taiwan and Thailand but grown, harvested
and processed… in Vietnam are considered to be Vietnam-originated, as from the sowing to
the harvesting stage is completely carried out in Vietnam.
“Considering the origin of a product, if it is grown and harvested entirely in Vietnam,
that means it originated from Vietnam. These basic agricultural products will have tax
incentives when exported to the EU.” - She responded.

Samsung phones are Vietnam-originated

For the question on whether Samsung phones produced in Vietnam when exported to the
Europe market could be labeled as Vietnam-originated, Ms. Hien answered: This is a
commodity that does not have pure origin but undergoes basic transformation from
components and raw materials to final products such as terminals, capillaries, headphones,
pad keys,... According to EVFTA regulations, Samsung mobile phones can be labeled as
Vietnam-originated when they go through the basic conversion from components and raw
materials to final products; the input HS code and output product must differ at some points;
they also need to go through a simple processing stage, not merely simple assembly but have
to use machines or expert workers,... “Thus, Samsung phones are Vietnam-originated and
they are still being certified.” - Ms. Hien emphasized.