Nghị định 157/2017/NĐ-CP về Biểu thuế nhập khẩu ưu đãi đặc biệt của Việt Nam để thực hiện Hiệp định Thương mại hàng hóa ASEAN - Hàn Quốc giai đoạn 2018-2022

DECREE

ON SPECIAL PREFERENTIAL IMPORT TARIFF SCHEDULE OF VIETNAM UNDER ASEAN - KOREA TRADE IN GOOD AGREEMENT IN THE 2018 - 2022 PERIOD

Pursuant to the Law on Organization of Government dated June 19, 2015;

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

Pursuant to the Law on International Treaties dated April 9, 2016;

In order to implement ASEAN-Korea Trade in Goods Agreement, coming into force as of June 1, 2007;

At the request of the Minister of Finance;

The Government promulgates a Decree on Special Preferential Import Tariff Schedule of Vietnam under ASEAN-Korea Trade in Goods Agreement in the 2018 - 2022 period.

Article 1. Scope

This Decree set forth special preferential import tariff to implement the ASEAN-Korea Trade in Goods Agreement within the ASEAN-Korea Framework Agreement on Comprehensive Economic Cooperation in the period 2018 - 2022 and eligibility requirements for special preferential import tariff rates under this Agreement.

Article 2. Regulated entities

1. Taxpayers under provisions of the Law on Export and Import Duties.

2. Customs authorities and officials.

3. Organizations and individuals with rights and obligations related to exported goods and imported goods.

Article 3. Special Preferential Import Tariff Schedule

Issue together with this Decree the Special Preferential Import Tariff Schedule of Vietnam under ASEAN-Korea Trade in Goods Agreement in the 2018 - 2022 period (the applicable special preferential import tariff rates shall be hereinafter referred to as AKFTA tariff rates).

1. Explanatory notes and general rules for the interpretation of the classification of goods shall be applied in accordance with the Vietnam’s nomenclature of exports and imports according to the Harmonized Commodity Description and Coding Systems of World Customs Organization.

2. The “Code” and "Description” are based on the Vietnam’s nomenclature of exports and imports and classified by 8-digit level or 10-digit level.

3. The “Tariff rates AKFTA (%)”: apply in every year, from January 1, 2018 to December 31, 2022.

4. Mark “*”: Imported goods ineligible for AKFTA tariff rates in equivalent periods.

5. “Countries ineligible for preferential tariff”: Imported goods from countries with the marks (specified in clause 2 Article 4 hereof) may not apply the AKFTA as prescribed in this Decree.

6. “GIC”: Goods made in Gaeseong Industrial Complex in the North Korea will apply AKFTA tariff rates as prescribed in Article 3 hereof.

7. For imported goods subject to tariff quota, the equivalent special preferential import tariff rates imposed on the in-quota quantity of imported goods are specified in the Special Preferential Import Tariff Schedule of Vietnam under ASEAN-Korea Trade in Goods Agreement in the 2018 - 2022 period hereto appended. The out-of-quota tariff rates shall comply with regulations of the Government at time of importation. The annual tariff quotas are specified by the Ministry of Industry and Trade.

Article 4. Eligibility requirements for special preferential import tariff rates

Imported goods eligible for AKFTA tariff rates must meet the following requirements:

1. Being specified in the Special Preferential Import Tariff Schedule hereto appended.

2. Being imported to Vietnam from members of the ASEAN-Korean Trade in Goods Agreement, including:

a) Brunei Darussalam, marked as BN;

b) Cambodia, marked as KH;

c) Indonesia, marked as ID;

d) Lao People's Democratic Republic, marked as LA;

dd) Malaysia, marked as MY;

e) Myanmar, marked as MM;

g) Philippines, marked as PH;

h) Singapore, marked as SG;

i) Kingdom of Thailand, marked as TH;

k) Republic of Korea, marked as KR;

l) Socialist Republic of Vietnam (goods imported from free trade zones to the domestic market), marked as VN.

3. Being directly transported from exporting countries as prescribed in clause 2 Article 4 hereof to Vietnam as regulated by the Ministry of Industry and Trade.

4. Meeting requirements pertaining to origin of goods in the ASEAN-Korean Trade in Goods Agreement, accompanied with C/O form AK, as per the applicable law.

Article 5. Goods made in Gaeseong Industrial Complex in the North Korea

Goods made in Gaeseong Industrial Complex in the North Korea (GIC goods), to be eligible for AKFTA tariff rates, shall meet the following requirements:

1. Marked as “GIC” in the column “GIC” of the Tariff Schedule hereto appended.

2. Being imported from Korea to Vietnam.

3. Being directly transported from Korea to Vietnam as regulated by the Ministry of Industry and Trade.

4. Meeting requirements pertaining to origin of goods in the ASEAN-Korean Trade in Goods Agreement for the goods applying the Rule 6 - AKFTA, accompanied with C/O form AK with the word “Rule 6” in the box 8 issued by the competent issuing authority of Korea, as per the applicable law.

Article 6. Entry in force

1. This Decree comes into force as of January 1, 2018.

2. Annul the Decree No. 130/2016/ND-CP dated September 1, 2016 of the Government on promulgation of the Special Preferential Import Tariff Schedule of Vietnam under ASEAN-Korea Trade in Goods Agreement in the 2016 - 2018 period.

Article 7. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree./.

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