Decree No. 126/2016/ND-CP dated September 01, 2016 of the Government on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2016-2018

DECREE

On Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2016-2018[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the April 9, 2016 Law on Treaties;

In implementation of the Agreement on Trade in Goods between the Association of Southeast Asian Nations (ASEAN for short) and the Republic of India (India for short) which took effect on June 1, 2010;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2016-2018.

Article 1.Scope of regulation

This Decree prescribes Vietnam’s special preferential import duty rates to implement the ASEAN-India Agreement on Trade in Goods under the ASEAN-India Framework Agreement on Comprehensive Economic Cooperation and conditions for enjoying the special preferential import duty rates under this Agreement.

Article 2.Subjects of application

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

2. Customs offices and officers.

3. Organizations and individuals that have rights and obligations relating to imports and exports.

Article 3.Special Preferential Import Tariff

To promulgate together with this Decree Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2016-2018 (applicable duty rates are below referred to as AIFTA duty rates).

1. Column “Goods heading” and column “Goods names and description” are developed based on the list of Vietnam’s imports and exports and classified at the 8-digit level or 10-digit level.

2. Column “AIFTA duty rate (%)”: Duty rates applicable to each year, from September 1, 2016, through December 31, 2016; from January 1, 2017, through December 31, 2017; and 2018.

3. Symbol “*” denotes imports ineligible for AIFTA duty rates at the corresponding time.

Article 4.Conditions for imports to be eligible for ACFTA duty rates

To be eligible for AIFTA duty rates, imports must fully satisfy the following conditions:

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

2. Being imported from the following member states of the ASEAN - India Agreement on Trade in Goods into Vietnam:

a/ Brunei Darussalam;

b/ The Kingdom of Cambodia;

c/ The Republic of Indonesia;

d/ Lao People’s Democratic Republic;

dd/ Malaysia;

e/ The Union of Myanmar;

g/ The Republic of the Philippines;

h/ The Republic of Singapore;

i/ The Kingdom of Thailand;

k/ The Republic of India;

l/ The Socialist Republic of Vietnam (for goods imported into the domestic market from non-tariff areas).

3. Being transported directly from a country of exportation specified in Clause 2 of this Article to Vietnam as required by the Ministry of Industry and Trade.

4. Satisfying the rules of origin of goods in the ASEAN-India Agreement on Trade in Goods and having a certificate of origin (C/O), Form AI as prescribed by the Ministry of Industry and Trade.

Article 5.Effect

1. This Decree takes effect on September 1, 2016.

2. To annul the Ministry of Finance’s Circular No. 169/2014/TT-BTC of November 14, 2014, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2015-2018.

Article 6.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2015-2018 promulgated together with Decree is not translated.-