Decree No. 127/2016/ND-CP dated September 01, 2016 of the Government on Vietnam’s special preferential import tariff schedule to implement the ASEAN - Australia -New Zealand free trade agreement in 2016 - 2018

DECREE

On Vietnam’s Special Preferential Import Tariff to implement the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area 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 furtherance of the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area which comes into force on January 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 Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area during 2016-2018.

Article 1. Scope of regulation

This Decree prescribes Vietnam’s special preferential import duty rates to implement the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area during 2016-2018 and conditions for entitlement to 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 (applicable special preferential import duty rates are below referred to as AANZFTA duty rates) and Vietnam’s List of goods subject to duty rates for beyond-quota imports to implement the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area during 2016-2018.

1. The column “Goods heading” and column “Goods name and description” are developed based on Vietnam’s List of imports and exports and classified at the 8-digit level.

2. The column “AANZFTA duty rate (%)” states duty rates applicable to each year, from September 1, 2016, through December 31, 2016, and from January 1 through December 31 of 2017 and 2018.

3. The symbol “*” indicates imports ineligible for the AANZFTA duty rates at the corresponding time.

4. Quota volumes for Vietnam’s List of goods subject to duty rates for beyond-quota imports shall be announced by the Ministry of Industry and Trade.

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

To be eligible for AANZFTA duty rates, imports must fully meet the following conditions:

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

2. Being imported from the member countries of the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, including:

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/ Australia;

l/ New Zealand;

m/ The Socialist Republic of Vietnam (for goods imported from non-tariff zones into domestic market).

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

4. Satisfying the requirements on rules of origin in the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area and having a certificate of origin (C/O), Form AANZ, as required by the Ministry of Industry and Trade.

Article 5. Effect

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

2. To annul the Minister of Finance’s Circular No. 168/2014/TT-BTC of November 14, 2014, promulgating Vietnam’s Special Preferential Import Tariff to implement the Agreement Establishing the ASEAN-Australia-New Zealand 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 organizations and individuals shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* Vietnam’s Special Preferential Import Tariff and Vietnam’s List of goods subject to duty rates for beyond-quota imports to implement the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area during 2016-2018 promulgated together with this Decree are not translated.-