Decision No. 05/2005/QD-BTC dated January 18, 2005 of the Ministry of Finance on the import duty rates of motorcycles imported from the EU

DECISION

ON THE IMPORT DUTY RATES OF MOTORCYCLES IMPORTED FROM THE EU

THE MINISTER OF FINANCE

Pursuant to the December 26, 1991 Law on Import duties and Export duties and the July 5, 1993 Law and May 20, 1998 Law No. 04/1998/QH10 Amending and Supplementing the Law on Import duties and Export duties;

Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the European Union on market access, initialed on December 3, 2004;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002, defining functions, obligations, competence and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003 on obligations, competence and organizational structure of the Ministry of Finance;

Pursuant to the Prime Minister’s opinions in Official Letter No. 75/CP-QHQT of December 16, 2004;

On the basis of the Trade Ministry’s opinions in Official Letter No. 494 TM/KV2 of December 22, 2004 and at the proposal of the Tax Policy Department;

DECIDES:

Article 1.- The import duty rate of 70% (seventy percent) shall apply to 3,500 (three thousand five hundred) assorted motorized two-wheelers in complete units (CBU) (under Heading No. 8711 in the Preferential Import Tariff) (excluding 3,000 units which are subject to the import duty rate specified in the Finance Ministry’s Decision No. 17/2004/QD-BTC of February 12, 2004), which are imported from member countries of the European Union.

Article 2.- To enjoy the import duty rate specified in this Decision, import goods must satisfy the following conditions:

- Having certificates of origin (C/O) issued by competent authorities of EU member countries;

- Being transported from EU ports as indicated in the bills of lading.

On the basis of quotas allocated by the Ministry of Trade to each enterprise, customs offices shall carry out import procedures and calculate import duty for enterprises. For the number of motorized two-wheelers imported in excess of the quota of 3,500 units or enterprises which are not allocated quotas but import motorcycles, duties shall be paid according to current regulations.

Article 3.- This Decision takes effect and applies to import goods declarations submitted to customs offices 15 days after its publication in “CONG BAO.”