Decree 81/2024/ND-CP Vietnam’s Special Preferential Import Tariff to implement ASEAN-Korea Trade in Goods Agreement 2022-2027

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 119/2022/ND-CP of December 30, 2022, on Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the April 6, 2016 Law on Import Duty and Export Duty;

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the June 13, 2019 Law on Tax Administration;

In implementation of the Trade in Goods Agreement between the Association of Southeast Asian Nations (ASEAN) and the Republic of Korea (below referred to as Korea), which took effect on June 1, 2007; and the Third Protocol to Amend the ASEAN-Korea Trade in Goods Agreement which took effect on November 28, 2023;

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. 119/2022/ND-CP of December 30, 2022, on Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period. 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 119/2022/ND-CP of December 30, 2022, on Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period (below referred to as Decree No. 119/2022/ND-CP)

To amend and supplement Clauses 1, 3 and 7, Article 3 as follows:

1. To amend Clause 1 as follows:

“1. To promulgate together with this Decree Vietnam’s Special Preferential Import Tariff Schedule (applicable special preferential import duty rates are below referred to as AKFTA duty rates)” and Vietnam’s List of goods subject to application of out-of-quota special preferential import duty rates to implement the ASEAN-Korea Trade in Goods Agreement for the 2023-2027 period.

2. To amend Clause 3 as follows:

“3. Column “AKFTA duty rate (%)”: duty rates applicable from November 28, 2023, through December 31, 2027”.

3. To amend and supplement Clause 7 as follows:

“7. For imported goods subject to tariff-rate quotas, including a number of commodity items of headings 04.07, 17.01, 24.01 and 25.01, the within-quota AKFTA duty rates are the duty rates specified in the Special Preferential Import Tariff promulgated together with this Decree, and the out-of-quota AKFTA duty rates are the duty rates specified in the List of goods subject to application of out-of-quota special preferential import duty rates promulgated together with this Decree. The out-of-quota import duty rates for goods not included in the above List must comply with the Government’s Export Tariff Schedule, Preferential Import Tariff Schedule, and List of goods and absolute duty rates, compound duty rates, and out-of-quota import duty rates at the time of importation. The list of goods and annual import tariff-rate quotas must comply with the Ministry of Industry and Trade’s regulations”.

Article 2. Implementation provisions   

1. This Decree takes effect on the date of its signing.

2. To replace Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period promulgated together with Decree No. 119/2022/ND-CP, with Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2023-2027 period promulgated together with this Decree.

3. For goods imported and put for registration of import customs declaration forms in the period between November 28, 2023, and before the effective date of this Decree, if they fully meet the conditions for application of AKFTA duty rates as specified in Decree No. 119/2022/ND-CP and for which tax has been paid at the duty rates specified in the Tariff Schedule promulgated together with Decree No. 119/2022/ND-CP which are higher than the corresponding duty rates specified in the Tariff Schedule promulgated together with this Decree, the customs offices shall handle the overpaid tax amounts in accordance with the the law on tax administration.

Article 3. 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
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* Vietnam’s Special Preferential Import Tariff Schedule to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period promulgated together with this Decree is not translated.