Decree No. 57/2020/ND-CP amending the Decree No. 122/2016/ND-CP and Decree No. 125/2017/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 122/2016/ND-CP of September 1, 2016, on the Export Tariff, the Preferential Import Tariff and the list of commodity items and their specific duty rates, compound duty rates and out-of-quota import duty rates, and Decree No. 125/2017/ND-CP of November 16, 2017, amending and supplementing a number of articles of Decree No. 122/2016/ND-CP^[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 November 29, 2006 Law on Tax Administration, and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;

Pursuant to the June 23, 2014 Law on Customs;

Pursuant to the National Assembly’s Resolution No. 71/2006/QH11 of November 29, 2006, ratifying the Protocol on Accession of the Socialist Republic of Vietnam to the Agreement Establishing the World Trade Organization;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 122/2016/ND-CP of September 1, 2016, on the Export Tariff, the Preferential Import Tariff and the list of commodity items and their specific duty rates, compound duty rates and out-of-quota import duty rates, and Decree No. 125/2017/ND-CP of November 16, 2017, amending and supplementing a number of articles of Decree No. 122/2016/ND-CP.

Article 1. To amend and supplement a number of articles of Decree No. 122/2016/ND-CP

1. To amend and supplement Clause 1, Article 5 as follows:

“Article 5. Preferential Import Tariff according to the list of dutiable commodity items

The Preferential Import Tariff according to the list of dutiable commodity items in Appendix II includes:

1. Section I: Provisions on preferential import duty rates applicable to 97 chapters according to Vietnam’s list of exports and imports, including titles of Parts, Chapters, Part Annotations and Chapter Annotations; the Import Tariff with commodity descriptions (names of groups of commodity items and names of commodity items), commodity headings (8-digit) according to Vietnam’s list of exports and imports and preferential import duty rates for dutiable commodity items.

In case Vietnam’s list of exports and imports is modified, customs declarants shall additionally declare commodity descriptions and headings according to the modified list of exports and imports and apply duty rates applicable to modified commodity headings.”

2. To add the following Article 7b:

“Article 7b. Preferential import duty rates applicable to materials, supplies and parts for manufacture or processing (assembly) of support industrial products prioritized for development for automobile manufacture and assembly industries in the 2020-2024 period (below referred to as the Program on duty incentives for automobile support industries)

1. Provisions on the preferential import duty rate of 0% applicable to materials, supplies and parts that cannot be domestically manufactured for manufacture or processing (assembly) of support products prioritized for development for automobile manufacture and assembly industries (below referred to as automobile support industrial products).

a/ At the time of declaration registration, customs declarants shall make declarations and calculate import duty for imported materials, supplies and parts at ordinary import duty rates or preferential import duty rates or specially preferential import duty rates under regulations, and are not yet entitled to the duty rate of 0%.