Decree 119/2022/ND-CP Special Preferential Import Tariff to implement AKFTA during 2022-2027

DECREE

On Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the April 6, 2016 Law on Import Duty and Export Duty;

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the April 9, 2016 Law on Treaties;

In implementation of the Trade in Goods Agreement between the Association of Southeast Asian Nations (ASEAN) and the Republic of Korea, which took effect on June 1, 2007;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period. 

Article 1. Scope of regulation

This Decree provides for Vietnam’s special preferential import duty rates to implement the ASEAN-Korea Trade in Goods Agreement under the Framework Agreement on ASEAN-Korea Comprehensive Economic Cooperation for the 2022-2027 period, and conditions for application of special preferential import duty rates under this Agreement.

Article 2. Subjects of application

1. Duty payers as defined in the Law on Import Duty and Export Duty.

2. Customs offices and customs officers.

3. Organizations and individuals that have rights and obligations relating to imported and exported goods.

Article 3. Special Preferential Import Tariff

1. To promulgate together with this Decree Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period (applicable special preferential import duty rates are below referred to as AKFTA duty rates).

2. The column “Heading” and the column “Description” in the Special Preferential Import Tariff promulgated together with this Decree are developed based on Vietnam’s List of imported and exported goods and classified by 8-digit or 10-digit codes.

In case Vietnam’s List of imported and exported goods is modified/ supplemented, customs declarants shall declare descriptions and headings of goods based on the modified/supplemented List of imported and exported goods and apply the duty rates for the modified/supplemented headings provided in the Special Preferential Import Tariff promulgated together with this Decree.

3. Column “AKFTA duty rate (%)”: duty rates applicable from December 30, 2022, through December 31, 2027.

4. The symbol “*” denotes imported goods not eligible for AKFTA duty rates at a corresponding time.

5. Column “Countries not eligible for preferences”: goods imported from countries showing the symbol of country name (specified in Clause 2, Article 4 of this Decree) which are not eligible for the AKFTA duty rates specified in this Decree.

6. Column “GIC”: goods produced in Gaeseong Industrial Complex in the territory of the Democratic People’s Republic of Korea which are eligible for the AKFTA duty rates under Article 6 of this Decree.

7. For imported goods subject to tariff-rate quotas, including a number of commodity items of  headings 04.07, 17.01, 24.01 and 25.01, the within-quota special preferential import duty rates are the duty rates specified in the Special Preferential Import Tariff promulgated together with this Decree; the list and annual import tariff-rate quotas must comply with the Ministry of Industry and Trade’s regulations, and the out-of-quota import duty rates are those specified in the Government’s Export Tariff, Preferential Import Tariff, and List of commodity items and their specific duty rates, compound duty rates and out-of-quota import duty rates at the time of importation.

Article 4. Conditions for application of special preferential import duty rates

To be eligible for AKFTA duty rates, imported goods must fully satisfy the following conditions:

1. Being included in the Special Preferential Import Tariff promulgated together with this Decree.

2. Being imported into Vietnam from the member states of the ASEAN-Korea Trade in Goods Agreement, namely:

a/ Brunei Darussalam, abbreviated as BN;

b/ The Kingdom of Cambodia, abbreviated as KH;

c/ The Republic of Indonesia, abbreviated as ID;

d/ The Lao People’s Democratic Republic, abbreviated as LA;

dd/ Malaysia, abbreviated as MY;

e/ The Republic of the Union of Myanmar, abbreviated as MM;

g/ The Republic of the Philippines, abbreviated as PH;

h/ The Republic of Singapore, abbreviated as SG;

i/ The Kingdom of Thailand, abbreviated as TH;

k/ The Republic of Korea, abbreviated as KR;

3. Complying with the regulations on rules of origin (including also regulations on direct transportation), and being accompanied by a certificate of origin (C/O), Form AK, or by a proof of origin in accordance with the ASEAN-Korea Trade in Goods Agreement and current regulations.

Article 5. Goods from Vietnam’s non-tariff zones

Goods imported from Vietnam’s non-tariff zones into the domestic market will be eligible for the special preferential import duty rates under the AKFTA if fully satisfying the conditions specified in Clauses 1 and 3, Article 4 of this Decree.

Article 6. Goods produced in Gaeseong Industrial Complex in the territory of the Democratic People’s Republic of Korea

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

1. Bearing the symbol “GIC” in the column “GIC” of the Tariff promulgated together with this Decree.

2. Being imported from the Republic of Korea into Vietnam.

3. Complying with the regulations on rules of origin (including also regulations on direct shipping), and being accompanied by a certificate of origin (C/O), Form AK, with the words “Rule 6” printed in box No. 8 issued by the Republic of Korea’s authority competent to issue C/O, Form AK, or by a proof of origin in accordance with the ASEAN-Korea Trade in Goods Agreement for goods subject to Rule 6 - AKFTA and current regulations.

Article 7. Effect      

1. This Decree takes effect on the date of its signing.

2. The Government’s Decree No. 157/2017/ND-CP of December 27, 2017, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2018-2022 period, ceases to be effective on the date this Decree takes effect.

Article 8. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period promulgated together with this Decree is not translated.