Decision No. 21/2008/QD-BTC dated May 05, 2008 of the Ministry of Finance promulgating Vietnam’s special preferential import duty schedule for implementation of the ASEAN - Korea Free Trade Area

DECISION

PROMULGATING VIETNAM’S SPECIAL PREFERENTIAL IMPORT DUTY SCHEDULE FOR IMPLEMENTATION OF THE ASEAN-KOREA FREE TRADE AREA

THE MINISTER OF FINANCE

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;

Pursuant to the Decree No. 77/2003/ND-CP of Government dated July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Decree No. 149/2005/ND-CP of Government dated December 8, 2005, detailing the implementation of June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;

Pursuant to the Framework Agreement on ASEAN-Korea Comprehensive Economic Cooperation, concluded in Malaysia on December 13, 2005, which was ratified by the President of the Socialist Republic of Vietnam on April 12, 2006;

Pursuant to the Agreement on Trade in Goods within the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the  Republic of Korea (below referred to as the ASEAN-Korea Agreement on Trade in Goods), concluded in Malaysia on December 13, 2005, and in the Philippines on August 24, 2006;

Pursuant to the Prime Minister’s instructions in the Government Office’s Official Letter No. 325/VPCP-KTTH of January 15, 2008;

At the proposal of the Director of the International Cooperation Department,

DECIDES:

Article 1. To promulgate together with this Decision Vietnam’s Special Preferential Import Duty Schedule for implementation of the ASEAN-Korea Free Trade Area, applicable to declaration forms of imported goods registered with customs offices from January 1, 2008.

Article 2. To be eligible for Vietnam’s special preferential import duty rates for implementation of the ASEAN- Korea Free Trade Area (referred to as AKFTA import duty rates for short), imported goods must fully meet the following conditions:

a/ Being in the Special Preferential Import Duty Schedule promulgated together with this Decision.

b/ Being imported into Vietnam from the following countries:

Particularly, commodity items which are imported from countries marked in column (4) of this Import Duty Schedule (column “countries ineligible for preferences”) are not eligible for AKFTA tax rates. The addition or modification of countries in column (4) must be effected according to the Finance Ministry’s written notices.

c/ Being transported to Vietnam directly from exporting countries specified at Point (b) of this Article under the Industry and Trade Ministry’s regulations.

d/ Satisfying ASEAN-Korea origin requirements, with certificates of ASEAN-Korea origin (referred to as C/Os - form AK for short) granted by the following agencies:

- The Ministry of Foreign Affairs and Foreign Trade, in Brunei Darussalam;

- The Ministry of Trade, in the Kingdom of Cambodia;

- The Ministry of Trade, in the Republic of Indonesia;

- The Ministry of Industry and Trade, in the People’s Democratic Republic of Laos;

- The Ministry of Foreign Trade and Industry, in Malaysia;

- The Ministry of Trade, in the Federation of Myanmar;

- The Customs Office, in the Republic of Singapore;

- The Chamber of Commerce and Industry or the Customs Office, in the Republic of Korea (Korea).

Article 3. To be eligible for Vietnam’s AKFTA import duty rates, goods produced in Gaeseong Industrial Complex in the territory of the People’s Democratic Republic of Korea (GIC goods) must fully meet the following conditions:

a/ Being goods marked “GIC” in column (5) of this Import Duty Schedule (column “GIC goods”).

b/ Being imported and transported to Vietnam directly from Korea under the Industry and Trade Ministry’s regulations.

c/ Being accompanied by C/Os - form AK, with “Rule 6” printed in box 8, granted by a Korean agency competent to grant C/Os - form AK, under the Vietnamese Industry and Trade Ministry’s regulations.

d/ Satisfying ASEAN-Korea origin requirements on goods subject to Rule 6 - AKFTA specified in Appendix IV to the Regulation on AKFTA origin promulgated together with Decision No. 02/2007/QD-BTM of October 8, 2007, of the Minister of Trade (now the Minister of Industry and Trade) and amending and supplementing decisions.

Article 4. For goods in customs declaration forms of imported goods registered with customs offices between January 1, 2008, and before the effective date of this Decision, which fully satisfy the conditions for application of the import duty rates specified in this Decision but for which duty has been paid at higher import duty rates, C/Os - form AK and relevant documents may be submitted for use as a basis for re-calculating payable import tax amounts and refunding import tax in accordance with this Decision.

A dossier of application for import duty refund comprises:

a/ One original of the Official Letter requesting the refund of paid tax amount(s), clearly stating the type(s) of goods, import duty amount(s), reasons for tax refund and customs declaration form(s). If there are goods of different types in different customs declaration forms, a list of import duty-refund customs declarations is required together with a commitment to accurate declaration form and supply of adequate documents of application for import duty refund;

b/ The customs declaration form of imported goods already cleared from customs procedures (one copy and the original for comparison);

c/ The original of C/O - form E specified at Point (d), Article 2 of this Decision;

d/ The import duty payment document (a copy of O/C and the original for comparison);

e/ The import contract (a copy of O/C and the original for comparison);

f/ The entrustment contract, in case of entrusted import (a copy and the original for comparison);

g/ The list of documents in the dossier.

The above dossiers of import duty refund must be submitted no later than October 15, 2008.

Local Customs Departments shall receive dossiers, examine and consider import duty refund and handle overpaid duty amounts to be refunded under the guidance at Point 5, Section IV, Part E of the Finance Ministry’s Circular No. 59/2007/TT-BTC of June 14, 2007, and relevant current regulations.

Article 5.- This Decision takes effect 15 days after its publication in “CONG BAO” and replaces the Finance Minister’s Decision No. 41/2007/QD-BTC of May 31, 2007, promulgating Vietnam’s Special Preferential Import Duty Schedule for implementation of the ASEAN-Korea Free Trade Area.

Article 6.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People’s Committees shall join in directing the implementation of this Decision.