THE GOVERNMENT
Decree No. 125/2017/ND-CP dated November 16, 2017 of the Government on amending a certain Articles of the Government’s Decree No. 122/2016/ND-CP dated September 01, 2016 on export duty schedule, preferential import duty schedule and lists of commodities and their flat tax rates, compound tax rates and outside tariff quota rates
Pursuant to the Law on the Government’s organization dated June 19, 2015;
Pursuant to the Law on export and import duties dated April 06, 2016;
Pursuant to the National Assembly’s Resolution No. 71/2006/QH11 dated November 29, 2006 on ratifying the protocol of accession of the Socialist Republic of Vietnam to the agreement establishing the World Trade Organization
At the request of the Minister of Finance;
The Government promulgates the Decree on amendments to certain articles of the Government’s Decree No. 122/2016/ND-CP dated September 01, 2016 on export duty schedule, preferential import duty schedule, lists of commodities and their flat tax rates, compound tax rates and outside tariff quota rates.
Article 1. To amend certain articles of the Government’s Decree No. 122/2016/ND-CP dated September 01, 2016 on the export duty schedule, preferential import duty schedule, list of commodities and their flat tax rates, compound tax rates and outside tariff quota rates (OTQR) (hereinafter referred to as “the Decree No. 122/2016/ND-CP”)
1. To amend Article 3 of the Decree as follows:
“Article 3. Issuance of the export duty schedule, preferential import duty schedule, list of commodities and their flat tax rates, compound tax rates and outside tariff quota rates
The following appendices shall be issued together with this Decree:
1. Appendix I: Export duty schedule
2. Appendix II: Preferential import duty schedule,
3. Appendix III: The list of commodities and flat tax rates, compound tax rates imposed on used motor vehicles for transporting up to 15 people (including the driver).
4. Appendix IV: The list of commodities and OTQR imposed on commodities subject to tariff-rate quotas”.
2. To amend Clause 1 Article 4 of the Decree as follows:
“Article 4. The export duty schedule
1. The export duty schedule prescribed in the Appendix I hereof shall specify codes and descriptions of commodities and specific export duty rates imposed on each heading. Regarding commodities under the heading 211 in the export duty schedule, in case of customs declaration, the declarant shall declare their names and eight-number codes according to the preferential import duty schedule and the export duty rate of 5%. The commodities under the heading 211are commodities that satisfy all following conditions:
a) Materials and semi-finished commodities are not under the headings from 1 to 210 of the export duty schedule.
b) Total value of resources and minerals and consumed energy accounts for at least 51% of the product prime cost. The total value of resources, minerals and consumed energy which accounts for 51% of the product prime cost shall be determined in accordance with regulations of the Government's Decree No. 100/2016/ND-CP dated July 01, 2016.”
3. Clause 2 and Clause 3 Article 5 of the Decree are amended as follows:
“2. Section II: Chapter 98 on product codes and specific preferential import duty rates imposed on certain headings and commodities.
a) Notes of, requirements and procedures for imposition of specific preferential import duty rates prescribed in Chapter 98.
- Chapter notes: The commodities mentioned in Clause 1 Part I Section II Appendix II of this Decree shall be entitled to the specific preferential import duty rates prescribed in Chapter 98.
- Heading notes:
+ Codes and specific preferential import duty rates on auto parts, chassis fitted with engines and cabins of motor vehicles are specified in Clause 2.1 Part I Section II of the Appendix II.
+ Alloy steels containing boron and/or chromium and/or titanium of heading 98.11; fillers, skin care commodities of heading 98.25; 1680/D/2 and 1890 D/2 nylon tire cord fabrics of heading 98.26; copper wires whose dimension of cross section is between 6 mm and 8 mm of heading 98.30; Polypropylene granules in primary form of heading 98.37; bars and rods, hot-rolled, in irregularly wound coils, of other alloy steel of heading 98.39; Set top boxes of heading 98.46; Neoweb commodities of heading 98.47 are entitled to specific preferential import duty rates prescribed in Chapter 98 if such commodities meet standards and technical parameters stipulated in Clauses 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8 and 2.9 Part I Section I of Annex II.
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