Decision No. 26/2007/QD-BTC dated April 16, 2007 of the Ministry of Finance promulgating Vietnam’s particularly preferential import table of rates for the implementation of the ASEAN-China Free Trade Area

DECISION

PROMULGATING VIETNAM’S PARTICULARLY PREFERENTIAL IMPORT TABLE OF RATES FOR THE IMPLEMENTATION OF THE ASEAN-CHINA FREE TRADE AREA

THE MINISTER OF FINANCE

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

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

Pursuant to the Government’s Decree No. 149/2005/ND-CP of December 8, 2005, detailing the implementation of the Law on Import Duty and Export Duty;

Pursuant to the Framework Agreement on ASEAN-China Comprehensive Economic Cooperation which was ratified by the State President of the Socialist Republic of Vietnam in Decision No. 890/2003/QD-CTN of November 26, 2003;

Pursuant to the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China (referred to in this Decision as the ASEAN-China Agreement on Trade in Goods), signed on November 29, 2004, in Laos, and the Memorandum of Understanding on a number of issues in the ASEAN-China Agreement on Trade in Goods, which was signed on July 18, 2005, in China, and ratified by the Prime Minister in Decision No. 257/2005/QD-TTg of October 19, 2006,

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

DECIDES:

Article 1.- To promulgate together with this Decision Vietnam’s Particularly Preferential Import Table of rates for the implementation of the ASEAN-China Free Trade Area.

Article 2.- To be eligible for Vietnam’s particularly preferential import duty rates for the implementation of the ASEAN-China Free Trade Area (ACFTA duty rates), imported goods must fully meet the following conditions:

a/ Being on the Particularly Preferential Import Table of rates, issued together with this Decision.

b/ Being imported into Vietnam from the following countries:

 Particularly, goods items imported from countries marked with country codes in column 4 of this Tariff (column “countries ineligible for preferences”) are not eligible for ACFTA duty rates. The names of countries in column 4 may be added and adjusted under the Finance Ministry’s notices.

c/ Being transported directly to Vietnam from countries of exportation defined at Point b of this Article according to the Trade Ministry’s regulations.

d/ Satisfying ASEAN-China goods origin requirements with certificates of  ASEAN-China goods origin -Form D (form-E C/Os) granted by the following agencies:

- In Brunei Darussalam: the Ministry of Foreign Affairs and Foreign Trade;

- In the Kingdom of Cambodia: the Ministry of Trade;

- In the Republic of Indonesia: the Ministry of Trade;

- In the Federation of Myanmar: the ministry of Trade;

- In the Lao People’s Democratic Republic: the Ministry of Trade;

- In Malaysia: the Ministry of Foreign Trade and Industry;

- In the Republic of the Philippines: the Ministry of Finance;

- In the Republic of Singapore: the Customs Authority;

- In the Kingdom of Thailand: the Ministry of Trade; and

- In the People’s Republic of China (China): the General Department for Quality Surveillance, Inspection and Quarantine,

Article 3.- This Decision takes effect 15 days after its publication in “CONG BAO” and applies to customs declarations of imported goods registered with customs offices as from its effective date; to annul the particularly preferential import duty rates for the implementation of the ASEAN-China Free Trade Area promulgated before the effective date of this Decision.

Article 4.- Ministers, heads of ministerial-level agencies and government-attached agencies and presidents of provincial/municipal People’s Committees shall direct the implementation of this Decision.