Circular No. 05/2012/TT-BCT stipulates the importation of goods originating from Cambodia with a 0% import tariff rate for the years 2012 and 2013. Tariff quotas are applied to rice varieties and dried tobacco leaves, subject to specific conditions regarding certificates of origin for goods and customs procedures.
Scope of application
Vietnamese traders importing from Cambodia
Key points
- Traders may import rice varieties and dried tobacco leaves with a 0% import tariff rate in 2012 and 2013.
- The Certificate of Origin Form S (C/O form S) issued by the Ministry of Commerce of Cambodia or an authorized agency is a mandatory condition to enjoy the preferential import tariff rate.
- Import procedures must follow the automatic rollback principle, meaning that the total quantity of imported goods enjoying the 0% tariff rate will be reduced by the quantity already imported for each item.
- For dried tobacco leaves, only traders holding a permit to import tobacco raw materials may import.
- This Circular takes effect from February 17, 2012, and expires after December 31, 2013.
🌐 Social impact of this document
- Positive impact: Reducing import costs for businesses, increasing export opportunities for Cambodia to Vietnam.
- Negative impact: May cause unfair competition between domestic and international businesses.
❓ Frequently asked questions
What is the duration of application for the 0% tax rate?
The 0% tax rate applies from February 17, 2012, until December 31, 2013.
Who can import rice and dried tobacco leaves?
Vietnamese traders may import rice varieties, while dried tobacco leaves can only be imported by traders holding a permit to import tobacco raw materials.
Which authority must issue the certificate of origin for goods?
The Certificate of Origin Form S (C/O form S) must be issued by the Ministry of Commerce of Cambodia or an authorized agency.
What are the import procedures?
Import procedures must follow the automatic rollback principle, meaning that the total quantity of imported goods enjoying the 0% tariff rate will be reduced by the quantity already imported for each item.
Until when does this Circular take effect?
This Circular takes effect from February 17, 2012, and expires after December 31, 2013.
Full text
CIRCULAR
Regulations on the importation under tariff quotas for the years 2012 and 2013 with a rate of import duty of 0% for goods originating from Cambodia
The import duty rate of 0% applies to goods of Cambodian origin.
______________________________
Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP;
Pursuant to the Agreement on Promoting Bilateral Trade between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed on February 17, 2012;
The Minister of Industry and Trade hereby stipulates the importation under tariff quotas for the years 2012 and 2013 with a rate of import duty of 0% for goods of Cambodian origin as follows:
Article 1. Goods and quantities of tariff quotas for importation in 2012 and 2013
1. Apply tariff quotas for importation in 2012 and 2013 for two groups of goods of Cambodian origin including: all types of rice; dried tobacco leaves with an import duty rate of 0%.
a. The import duty rate within the tariff quota of 0% in 2012 shall be applied to customs declarations registered with the Customs authorities from February 17, 2012 to December 31, 2012.
b. The import duty rate within the tariff quota of 0% in 2013 shall be applied to customs declarations registered with the Customs authorities from January 1, 2013 to December 31, 2013.
2. The commodity codes and total quantities of tariff quotas for the groups of goods benefiting from preferential import duty rates of 0% are set out in Appendix No. 01 attached hereto.
Article 2. Conditions for enjoying the import duty rate within the tariff quota of 0%
1. Imported goods must have a Certificate of Origin in Form S issued by the Ministry of Commerce of the Kingdom of Cambodia or an authorized agency in accordance with regulations and cleared through the border gates listed in Appendix No. 02 attached hereto.
2. Import procedures for goods shall be handled at the customs office where the import procedures are carried out according to the principle of automatic retroactive reduction (the total quantity of imported goods enjoying an import duty rate of 0% is reduced by the quantity already imported for each item).
3. Vietnamese traders may import the item of all types of rice under the tariff quota. For dried tobacco leaves, only traders holding import licenses for tobacco raw materials under the tariff quota issued by the Ministry of Industry and Trade in accordance with Circular No. 04/2006/TT-BTM dated April 6, 2006 of the Ministry of Trade (now the Ministry of Industry and Trade) guiding certain provisions of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related activities of buying and selling, processing, and transiting goods with foreign countries are permitted to import; the quantity imported shall be deducted from the tariff quota import volume specified in the license issued by the Ministry of Industry and Trade.
Article 3. Effectiveness
This Circular takes effect from February 17, 2012 and expires on December 31, 2013./.
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