Decree 123/2022/ND-CP Vietnam’s Special Preferential Import Tariff to implement the AHKFTA during 2022-2027

DECREE

On Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Hong Kong, China Free Trade 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 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 ASEAN-Hong Kong, China Free Trade Agreement, which took effect on June 11, 2019;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Hong Kong, China Free Trade 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-Hong Kong, China Free Trade Agreement 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-Hong Kong, China Free Trade Agreement for the 2022-2027 period (applicable special preferential import duty rates are below referred to as AHKFTA 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 “AHKFTA duty rate (%)”: duty rates applicable in different periods, specifically as follows:

a/ Column “2022”: duty rates applicable from December 30, 2022, through December 31, 2022;

b/ Column “2023”: duty rates applicable from January 1, 2023, through December 31, 2023;

c/ Column “2024”: duty rates applicable from January 1, 2024, through December 31, 2024;

d/ Column “2025”: duty rates applicable from January 1, 2025, through December 31, 2025;

dd/ Column “2026”: duty rates applicable from January 1, 2026, through December 31, 2026;

e/ Column “2027”: duty rates applicable from January 1, 2027, through December 31, 2027.

4. Symbol “*” denotes imported goods not eligible for AHKFTA duty rates at a corresponding time.

5. For imported goods subject to tariff 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 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 AHKFTA duty rates, imported imports must fully satisfy the following conditions:

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

2. Being imported from the member states of the ASEAN-Hong Kong, China Free Trade Agreement, namely:

a/ Brunei Darussalam;

b/ The Kingdom of Cambodia;

c/ The Republic of Indonesia;

d/ The Lao People’s Democratic Republic;

dd/ Malaysia;

e/ The Republic of the Union of Myanmar;

g/ The Republic of the Philippines;

h/ The Republic of Singapore;

i/ The Kingdom of Thailand;

k/ Hong Kong Special Administrative Region of the People’s Republic of China;

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 AHK, or by a proof of origin in accordance with the ASEAN-Hong Kong, China Free Trade 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 special preferential import duty rates under the ASEAN-Hong Kong, China Free Trade Agreement if fully satisfying the conditions specified in Clauses 1 and 3, Article 4 of this Decree.

Article 6. Effect

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

2. The Government’s Decree No. 07/2020/ND-CP of January 5, 2020, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Hong Kong, China Free Trade Agreement for the 2019-2022 period, ceases to be effective on the date this Decree takes effect.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies and 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-Hong Kong, China Free Trade Agreement for the 2022-2027 period promulgated together with this Decree is not translated.