Decree No. 39/2020/ND-CP the Special Preferential Import Tariff of Vietnam under the Trade Agreement between Vietnam and Cuba

DECREE

On promulgating the Special Preferential Import Tariff of Vietnam to implement the Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Republic of Cuba in the period of 2020 - 2023

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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 June 23, 2014 Law on Customs;

Pursuant to the Law on Taxation Management dated November 29, 2006 and the Law on amending and supplementing a number of the Law on Taxation Management dated November 20, 2012;

Pursuant to the Law on Treaties dated April 09, 2016;

On implementation of the Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Republic of Cuba (hereinafter referred to as the Vietnam - Cuba Trade Agreement);

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree on promulgating the Special Preferential Import Tariff of Vietnam to implement the Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Republic of Cuba in the period of 2020 - 2023

Article 1. Scope of regulation

This Decree prescribes the royalty rate of the special preferential import tariff of Vietnam to implement Vietnam - Cuba Trade Agreement in the period of 2020 - 2023 and conditions to be eligible for enjoying the preferential import tariff 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. The Special Preferential Import Tariff

To promulgate together with this Decree, the Special Preferential Import Tariff of Vietnam to implement the Trade Agreement between Vietnam and Cuba in the period of 2020 - 2023.

1. The column of “Commodity Code” and “Commodity Description” shall be establish on the basis of the List of exported and imported goods of Vietnam and be detailed by 8 digits’ code. 

In case the List of exported and imported goods of Vietnam modified, the commodity description and commodity code shall be implement as prescribed in the List of exported and imported goods of Vietnam. The customs declarer shall base on the commodity code in accordance with provisions of the List of exported and imported goods of Vietnam to declare and calculate the royalty rate of imported tariff as prescribed in the Preferential Import Tariff issued together with this Decree.

2. The column of “Royalty rate (%)”: The royalty rate applies in each single year and shall be applied from April 01, 2020 to December 31, 2023.

3. For imported goods which be subjected to the application of tariff quota:

The royalty rate of the special preferential import tariff as prescribed in the Special Preferential Import Tariff of Vietnam to implement the Trade Agreement between Vietnam - Cuba in the period of 2020 - 2023 issued together with this Decree shall be apply for commodities imported under tariff quota as regulated by the Ministry of Industry and Trade if satisfies the condition as prescribed in Article 4 of this Decree;

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