Circular No. 03/2020/TT-BCT on the importation of tobacco leaves under tariff-rate quotas pursuant to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

CIRCULAR

REGULATING THE IMPORT OF TOBACCO LEAVES UNDER THE QUOTA DUTY IN ACCORDANCE WITH THE COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

IMPLEMENTING THE COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT (CPTPP), SIGNED ON MARCH 8, 2018, AND ENTERING INTO FORCE IN VIETNAM FROM JANUARY 14, 2019;

At the proposal of the Director of the Import-Export Department,

THE MINISTER OF INDUSTRY AND TRADE ISSUES THIS CIRCULAR TO REGULATE THE IMPORT OF TOBACCO LEAVES UNDER THE QUOTA DUTY COMMITTED TO IN THE CPTPP.

Article 1. Scope of Regulation

THIS CIRCULAR REGULATES THE IMPORT OF TOBACCO LEAVES (HS CODE 24.01) UNDER THE QUOTA DUTY COMMITTED TO IN THE CPTPP.

Article 2. Applicability

1. TRADERS IMPORTING TOBACCO LEAVES UNDER THE QUOTA DUTY COMMITTED TO IN THE CPTPP.

2. ORGANIZATIONS AND INDIVIDUALS RELATED TO THE IMPORT OF TOBACCO LEAVES UNDER THE QUOTA DUTY COMMITTED TO IN THE CPTPP.

Article 3. QUOTA DUTY QUANTITY

1. THE QUOTA DUTY QUANTITY FOR IMPORTING TOBACCO LEAVES EACH YEAR IS IMPLEMENTED IN ANNEX I OF THIS CIRCULAR.

2. THE QUOTA DUTY QUANTITY FOR IMPORTING TOBACCO LEAVES UNDER THE CPTPP IS NOT COUNTED TOWARDS THE QUOTA DUTY QUANTITY FOR IMPORTING TOBACCO LEAVES COMMITTED TO BY VIETNAM WHEN JOINING THE WORLD TRADE ORGANIZATION (WTO), AS ANNOUNCED ANNUALLY BY THE MINISTRY OF INDUSTRY AND TRADE.

Article 4. OBJECTS AND METHODS OF ALLOCATING QUOTA DUTY

1. THE OBJECTS OF ALLOCATING QUOTA DUTY ARE STATE TRADING ENTERPRISES IMPLEMENTING IN ACCORDANCE WITH CIRCULAR NO. 12/2018/TT-BCT.

2. THE METHODS OF ALLOCATING QUOTA DUTY ARE IMPLEMENTED IN ACCORDANCE WITH CIRCULAR NO. 12/2018/TT-BCT OF JUNE 15, 2018, ISSUED BY THE MINISTRY OF INDUSTRY AND TRADE PROVIDING DETAILS ON CERTAIN PROVISIONS OF THE FOREIGN TRADE MANAGEMENT LAW AND DECREE NO. 69/2018/NĐ-CP OF MAY 15, 2018, ISSUED BY THE GOVERNMENT PROVIDING DETAILS ON CERTAIN PROVISIONS OF THE FOREIGN TRADE MANAGEMENT LAW.

Article 5. OTHER PROVISIONS

TAXES AND QUOTA DUTIES ARE IMPLEMENTED IN ACCORDANCE WITH GOVERNMENT REGULATIONS.

Article 6. Effectiveness

THIS CIRCULAR SHALL TAKE EFFECT FROM FEBRUARY 29, 2020./.

Appendix I

QUOTA DUTY QUANTITY FOR IMPORTING TOBACCO LEAVES PER YEAR COMMITTED TO IN THE CPTPP

(ISSUED TOGETHER WITH CIRCULAR NUMBER /2020/TT-BCT ON MONTH DAY, 2020 REGULATING THE IMPORT OF TOBACCO LEAVES UNDER THE QUOTA DUTY COMMITTED TO IN THE COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT)