Decision No. 111/2008/QD-BTC on the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-China Free Trade Area (ACFTA) period 2009-2011.

Pursuant to …;

Regarding the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-China Free Trade Area during the period 2009-2011

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THE MINISTER OF FINANCE

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

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax;

Pursuant to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China signed on November 4, 2002 in Cambodia, approved by the President of the Socialist Republic of Vietnam through Decision No. 890/2003/QĐ/CTN dated November 26, 2003;

Pursuant to the Goods Trade Agreement under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China (hereinafter referred to as the ASEAN-China Goods Trade Agreement) signed on November 29, 2004 in Laos and the Memorandum of Understanding between Vietnam and China on certain issues in the ASEAN-China Goods Trade Agreement signed on July 18, 2005 in China, approved by the Prime Minister through Decision No. 257/2005/QĐ-TTg dated October 19, 2005;

At the proposal of the Director of the International Cooperation Department,

DECISION:

Article 1. Issuing the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-China Free Trade Area during the period 2009-2011, applicable to import declarations registered with customs authorities from January 1, 2009.

Article 2. Imported goods must meet the following conditions to be eligible for the special preferential import tariff rate of Vietnam for the implementation of the ASEAN-China Free Trade Area (referred to as the ACFTA rate):

a) They must belong to the Special Preferential Import Tariff Schedule issued together with this Decision.

b) They must be imported from the following countries:

For goods imported from countries listed with country name indicators in column (6) of this Tariff Schedule (column "countries not entitled to preferential treatment"), the ACFTA rate shall not apply. The addition or modification of country names in column (6) shall be carried out according to announcements by the Ministry of Finance.

c) They must be directly transported from the exporting country specified in point (b) of this Article to Vietnam, in accordance with regulations of the Ministry of Industry and Trade.

d) They must satisfy the ASEAN-China origin requirements, confirmed by the Certificate of Origin for ASEAN-China Goods (referred to as C/O - Form E) issued by the following authorities:

- In Brunei Darussalam, the Ministry of Foreign Affairs and Trade;

- In the Kingdom of Cambodia, the Ministry of Commerce;

- In the Republic of Indonesia, the Ministry of Trade;

- In the Lao People's Democratic Republic, the Ministry of Industry and Commerce;

- In Malaysia, the Ministry of International Trade and Industry;

- In the Union of Myanmar, the Ministry of Commerce;

- In the Republic of the Philippines, the Department of Finance;

- In the Republic of Singapore, the Customs Authority;

- In the Kingdom of Thailand, the Ministry of Commerce; and

- In the People's Republic of China (China), the General Administration of Quality Supervision, Inspection and Quarantine.

Article 3. The ACFTA rate for each year will be automatically applied from January 1 to December 31 of that year, starting from 2009 until 2011.

Article 4. This Decision takes effect from January 1, 2009, and replaces Decision No. 20/2008/QĐ-BTC dated May 5, 2008 of the Minister of Finance regarding the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-China Free Trade Area.

Article 5. Ministers of Ministries, Heads of agencies at ministerial level, Heads of government agencies, Chairpersons of Provincial People's Committees, and Chairpersons of Municipal People's Committees directly under the Central Government shall coordinate to implement this Decision./.