Decree No. 159/2017/ND-CP dated December 27, 2017 of the Government on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2018-2022

DECREE

On Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2018-2022^[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) and the Republic of India (below referred to as India) 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 2018-2022.

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 during 2018-2022 and conditions for enjoying such duty rates under this Agreement.

Article 2. Subjects of application

1. Duty payers 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 2018-2022 (applicable special preferential duty rates are below referred to as AIFTA duty rates).

1. The annotation and general rules explaining the classification of commodities must comply with Vietnam’s list of exports and imports based on the Harmonized Commodity Description and Coding System (HS) of the World Customs Organization.

2. The column “Heading” and column “Description” are developed based on Vietnam’s list of imports and exports and classified at the 8-digit level or 10-digit level.

3. Column “AIFTA duty rate (%)”: duty rates applicable in different periods, including:

a/ January 1, 2018 - December 30, 2018: duty rates applicable from January 1, 2018, through December 30, 2018;

b/ December 31, 2018 - December 31, 2019: duty rates applicable from December 31, 2018, through December 31, 2019;

c/ January 1, 2020 - December 31, 2020: duty rates applicable from January 1, 2020, through December 31, 2020;

d/ January 1, 2021 - December 30, 2021: duty rates applicable from January 1, 2021, through December 30, 2021;

dd/ December 31, 2021 - December 30, 2022: duty rates applicable from December 31, 2021, through December 30, 2022;

4. The symbol “*” denotes imports ineligible for AIFTA duty rates at a corresponding time.
5. For imports subject to tariff quotas, the special preferential import duty rates applicable to the volume of imports within the tariff quotas are detailed in Vietnam’s Special Preferential Import Tariff to implement the ASEAN-India Agreement on Trade in Goods during 2018-2022 promulgated together with this Decree. The out-of-quota import duty rates must comply with the Government’s regulations at the time of importation. The annual import tariff quotas must comply with the Ministry of Industry and Trade’s regulations.

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