Thông tư 167/2014/TT-BTC

CIRCULAR

ON PROMULGATION OF CONCESSIONAL IMPORT TARIFF SCHEDULE OF VIETNAM SERVING IMPLEMENTATION OF THE ASEAN – KOREA FREE TRADE AGREEMENT 2015 - 2018

Pursuant to the Law on Export and import tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Government's Decree No. 87/2010/NĐ-CP dated August 13, 2010, detailing the implementation of a number of articles of the Law on Export and import tax;

Pursuant to the Government's Decree No. 215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

Pursuant to Framework Agreement on Comprehensive Partnership and Cooperation between the Association of Southeast Asian Nations (hereinafter referred to as ASEAN) and Republic of Korea (hereinafter referred to as Korea) signed on December 13, 2005 in Malaysia, approved by the President of Socialist Republic of Vietnam on April 12, 2006;

Pursuant to Free Trade Agreement under Framework Agreement on Comprehensive Partnership and Cooperation between ASEAN and Korea signed on December 13, 2005 in Malaysia and August 24, 2005 in the Republic of the Philippines;

At the request of Chief of International Cooperation Department;

The Minister of Finance promulgates a Circular on concessional import tariff schedule of Vietnam serving implementation of the ASEAN – Korea Free Trade Agreement 2015 - 2018

Article 1. Concessional import tariff schedule of Vietnam serving implementation of the ASEAN – Korea Free Trade Agreement 2015 – 2018 is enclosed with this Circular (concessional tax rates are referred to as AKFTA rates)

1. “HS code” column and “Description” column are based on AHTN 2012 and classified into 8-digit or 10-digit commodities.

2. “AKFTA rate (%)” column indicates the tax rates applied in each year from January 01 to December 31, from 2015 to the end of 2018.

3. The asterisk (*) indicates commodities that are not eligible for AKFTA rates at certain time.

4. Column “Countries not eligible for special treatment”: articles imported from the countries mentioned are not eligible for AKFTA rates prescribed in this Circular. The countries are expressed as corresponding symbols specified in Article 2 hereof.

5. “GIC” column indicates goods produced at Khai Thanh Industrial Park in North Korea, to which AKFTA rates apply as prescribed in Article 3 of this Circular.

Article 2. Conditions for applying AKFTA rates to imported goods

Imported goods must satisfy the following conditions to apply AKFTA rates:

1. The goods are mentioned in concessional import tariff schedule enclosed herewith.

2. Goods are imported into Vietnam by member states of the ASEAN – KOREA Free Trade Agreement, including:

3. Goods are directly transported from an exporting country mentioned in Clause 2 of this Article to Vietnam as prescribed by the Ministry of Industry and Trade.

4. Goods satisfy conditions on goods origins under ASEAN – Korea Free Trade Agreement and have C/Os form AK as prescribed by the Ministry of Industry and Trade.

Article 3. GIC goods

Goods manufactured at Khai Thanh Industrial Park in North Korea must satisfy the following conditions to apply AKFTA rates:

1. Goods are those marked with “GIC” in “GIC” column in the Tariff Schedule enclosed herewith;

2. Goods are imported directly transported from Korea to Vietnam as prescribed by the Ministry of Industry and Trade.

3. Goods have C/Os form AK with the text “Rule 6” in box 8 issued by a competent C/O form AK issuer of Korea as prescribed by the Ministry of Industry and Trade;

4. Goods satisfy ASEAN – Korea regulations on goods origins applied to goods to which Rule 6 – AKFTA apply as prescribed by the Ministry of Industry and Trade.

Article 4. Effect

This Circular takes effect on January 01, 2015 and replaces Circular No. 163/2011/TT-BTC dated November 17, 2011 of the Minister of Finance on concessional import tariff schedule of Vietnam serving implementation of the ASEAN – Korea Free Trade Agreement 2012 – 2014.  Any difficulty that arise during the implementation of this Circular should be reported to the Ministry of Finance for timely guidance and amendments./.