Decision No. 47/2003/QD-BTC dated April 11, 2003 of the Ministry of Finance annulling the application of minimum prices for import tax calculation to spirits and alcoholic drinks of EU origin

DECISION

ANNULLING THE APPLICATION OF MINIMUM PRICES FOR IMPORT TAX CALCULATION TO SPIRITS AND ALCOHOLIC DRINKS OF EU ORIGIN

THE MINISTER OF FINANCE

Pursuant to the Government's Decree No. 86/2002/ND-CP of December 5, 2002 prescribing the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 178/CP of October 28, 1994 on the tasks, powers and organizational apparatus of the Ministry of Finance;

Pursuant to the competence and principles for determining prices for calculation of export tax and import tax, prescribed in Article 7 of the Government's Decree No. 54/CP of August 28, 1993 detailing the implementation of the Law on Export Tax and Import Tax;

Pursuant to the Prime Minister's directing opinions in Official Dispatch No. 288/CP-QHQT of March 17, 2003 on the implementation of the Agreement amending the Textile and Garment Agreement with the EU;

Pursuant to the Finance Ministry's Circular No. 08/2002/TT-BTC of January 23, 2002 guiding the application of import tax calculation prices under foreign trade sale/purchase contracts,

DECIDES:

Article 1.- To annul the application of minimum prices for import tax calculation and permit the application of import tax calculation prices under foreign trade sale/purchase contracts to spirits and assorted alcoholic drinks with origins from countries of the European Community (EU), if such import goods fully meet the following conditions:

- Having certificates of origin (C/O) granted by competent agencies of EU countries;

- Goods having been transported from EU ports as inscribed in their bills of lading;

- Fully meeting the conditions prescribed at Point 1, Section III of Circular No. 08/2002/TT-BTC of January 23, 2002 of the Ministry of Finance guiding the application of import tax calculation prices under foreign trade sale/purchase contracts.

For cases where the import goods fail to meet the above-stated conditions, the minimum tax calculation prices must apply as prescribed.

Article 2.- This Decision takes effect and applies to all import goods declarations already submitted to the customs offices as from April 1, 2003. All previous regulations contrary to this Decision are hereby annulled.