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 dated December 30, 2022 on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period

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

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

Pursuant to the Law on Customs dated June 23, 2014;

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

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

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

At the proposal of the Minister of Finance;

The Government promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 119/2022/ND-CP dated December 30, 2022 on Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period.

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

To amend and supplement Clause 1, Clause 3 and Clause 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 (applicable special preferential import duty rates are below referred to as AKFTA duty rates) and Vietnam’s List of goods subject to special preferential import duty rates for out-of-quota imports to implement the ASEAN-Korea Trade in Goods Agreement for the 2023-2027 period.”

2. To amend Clause 3 as follows:

“3. The column “AKFTA duty rate (%)”: Duty rates applicable from November 28, 2023 until the end of December 31, 2027.”

3. To amend and supplement Clause 7 as follows:

“7. For imported goods subject to tariff quotas, including a number of commodity items of Headings 04.07, 17.01, 24.01, and 25.01, within-quota AKFTA duty rates are the duty rates specified in the Special Preferential Import Tariff issued together with this Decree; out-of-quota AKFTA duty rates are those defined in the List of goods subject to out-of-quota special preferential import duty rates issued together with this Decree. The out-of-quota import duty rates for goods being not in the above-mentioned List shall apply 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 of the Government at the time of importation. The List and annual import tariff quotas must comply with the Ministry of Industry and Trade’s regulations.”

Article 2. Implementation provisions

1. This Decree takes effect on the signing date.

2. To replace Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2022-2027 period issued together with the Government's Decree No. 119/2022/ND-CP dated December 30, 2022 with Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement for the 2023-2027 period promulgate together with this Decree.

3. For goods which are imported and for which import customs declarations are registered in the period from November 28, 2023 to the date before this Decree takes effect, if such goods fully satisfy the conditions to be eligible for the AKFTA duty rates under the Government's Decree No. 119/2022/ND-CP dated December 30, 2022, and duties on such goods have been paid according to the duty rates defined in the Tariff in Decree No. 119/2022/ND-CP dated December 30, 2022 at higher rates in comparison with the corresponding ones specified in the Tariff issued together with this Decree, customs offices shall handle the overpaid duty amounts in accordance with the law on tax administration.

Article 3. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities and related organizations, individuals shall take responsibility for the implementation of this Decree.

* All Appendices are not translated herein.