Nghị định 130/2016/ND-CP

DECREE

ON VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF TO IMPLEMENT THE ASEAN-KOREA TRADE IN GOODS AGREEMENT DURING 2016-2018

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 April 9, 2016 Law on Treaties;

In implementation of the Agreement on Trade Goods between member states of the Association of Southeast Asian Nations (ASEAN) and the Republic of Korea (hereafter referred to as Korea), which took effect on June 2007;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on Vietnam's Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement during 2016-2018.

Article 1. Scope of regulation

This Decree prescribes Vietnam’s special preferential import duty rates to implement the ASEAN-Korea Trade in Goods Agreement under the ASEAN-Korea Framework Agreement on Comprehensive Economic Cooperation and conditions for enjoying special preferential import duty rates under this Agreement.

Article 2. Subjects of application

1. Duty payers as prescribed by the Law on Import Duty and Export Duty.

2. Customs offices and officers.

3. Organizations and individuals having the rights and obligations related to exports and imports.

Article 3. Special Preferential Import Tariff

To promulgate together with this Decree Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement during 2016-2018 (applicable special preferential duty rates are below referred to as AKFTA duty rates).

1. Columns “Goods heading” and “Goods name and description” are developed based on the list of Vietnam’s imports and exports and classified by 8-digit or 10-digit code.

2. Column “AKFTA duty rate (%)”: duty rates applicable to each year, from September 1, 2016, through December 31, 2016, and from January 1 through December 31, 2017, and 2018.

3. Symbol imports ineligible for AKFTA duty rates at corresponding time.

4. Column “Countries ineligible for preference”: commodity items imported from countries with name symbols (specified in Clause 2 of Article 4) which are ineligible for AKFTA duty rates under this Decree.

5. Column “GIC”: The application of AKFTA duty rates to goods produced at Kaesong Industrial Complex in the territory of the Democratic People’s Republic of Korea must comply with Article 3 of this Decree.

Article 4. Conditions for application of special preferential import duty rates To be eligible for AKFTA duty rates, imports must fully meet the following conditions:

1. Being specified in the Special Preferential Import Tariff promulgated together with this Decree.

2. Being imported to Vietnam from the member states of the ASEAN-Korea Trade in Goods Agreement, namely:

a/ Brunei Darussalam, symbol BN;

b/ The Kingdom of Cambodia, symbol KH;

c/ The Republic of Indonesia, symbol ID;

d/ The Lao People’s Democratic Republic, symbol LA;

dd/ Malaysia, symbol MY;

e/ The Republic of the Union of Myanmar, symbol MM; g/ The Republic of the Philippines, symbol PH;

h/ The Republic of Singapore, symbol SG;

i/ The Kingdom of Thailand, symbol TH;

k/ The Republic of Korea (Korea), symbol KR;

l/ The Socialist Republic of Vietnam (for goods imported from non-tariff areas into the domestic market), symbol VN.

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

4. Satisfying the rules of origin in the ASEAN-Korea Trade in Goods Agreement and having a certificate of origin (C/O), form AK, provided by the Ministry of Industry and Trade.

Article 5. Goods produced at Kaesong Industrial Complex in the territory of the Democratic People’s Republic of Korea

To be eligible for Vietnam’s AKFTA duty rates, goods produced at Kaesong Industrial Complex in the territory of the Democratic People’s Republic of Korea (GIC goods) must fully meet the following conditions:

1. Being commodity items with symbol “GIC” in column “GIC” of the Tariff promulgated together with this Decree;

2. Being imported from the Republic of Korea to Vietnam;

3. Being transported directly from the Republic of Korea to Vietnam under the Ministry of Industry and Trade’s regulations;

4. Satisfying the regulations on rules of origin specified in the ASEAN-Korea Trade in Goods Agreement regarding goods subject to Rule 6 - AKFTA, and having a certificate of origin (C/O), form AK, with “Rule 6” printed in box 8 issued by a Korean agency competent to issue c/o, form AK, as prescribed by the Ministry of Industry and Trade.

Article 6. Effect

1. This Decree takes effect on September 1,2016.

2. To annul the Minister of Finance’s Circulars No. 167/2014/TT-BTC of November 14, 2014, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement during 2015-2018, and No. 44/2015/TT-BTC of March 30, 2015, amending the special preferential import duty rates applicable to a number of groups of commodity items in the ASEAN-Korea Special Preferential Import Tariff during 2015-2018.

Article 7. Implementation responsibility

Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

* Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Korea Trade in Goods Agreement during 2016-2018 promulgated together this Decree not translated.-