Decree No. 128/2016/ND-CP dated September 01, 2016 of the Government on special preferential import tariff schedule of Vietnam for the implementation of the ASEAN - China Agreement on Trade in goods from 2016 - 2018

DECREE

Promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-China 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 ASEAN-China Agreement on Trade in Goods which took effect on October 19, 2005;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-China 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-China Agreement on Trade in Goods 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-China Agreement on Trade in Goods during 2016-2018 (applicable duty rates are below referred to as ACFTA 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 “ACFTA duty rate (%)”: Duty rates applicable to each year, from September 1, 2016, through December 31, 2016; and from January 1, 2017, through December 31, 2017; and 2018.

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

4. Column “Country ineligible for the preference”: Goods imported from a country with the symbol specified at Point 2, Article 4 is ineligible for ACFTA duty rates specified in this Circular.

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

To be eligible for ACFTA 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 - China Agreement on Trade in Goods into Vietnam:

a/ Brunei Darussalam, coded BN;

b/ The Kingdom of Cambodia, coded KH;

c/ The Republic of Indonesia, coded ID;

d/ Lao People’s Democratic Republic, coded LA;

dd/ Malaysia, coded MY;

e/ The Union of Myanmar, coded MM;

g/ The Republic of the Philippines, coded PH;

h/ The Republic of Singapore, coded SG;

i/ The Kingdom of Thailand, coded TH;

k/ The People’s Republic of China, coded CN;

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

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 - China Agreement on Trade in Goods, and having a certificate of origin (C/O), Form E 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. 166/2014/TT-BTC of November 14, 2014, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-China 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 - China Agreement on Trade in Goods during 2016-2018 promulgated together with this Decree is not translated.-