Decision No. 112/2008/QD-BTC On Issuing the Special Preferential Import Tariff Schedule of Vietnam for Implementing the ASEAN-Korea Free Trade Area (AKFTA) Period 2009-2011

Pursuant to …;

Regarding the issuance of the Special Preferential Import Tariff Schedule

of Vietnam for the implementation of the ASEAN-Korea Free Trade Area during the period 2009-2011

-------------------

THE MINISTER OF FINANCE

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

Pursuant to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and the Republic of Korea signed on December 13, 2005 in Malaysia, which was ratified by the President of the Socialist Republic of Vietnam on April 12, 2006;

Pursuant to the Trade in Goods Agreement under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the Republic of Korea, signed on December 13, 2005 in Malaysia and August 24, 2006 in the Philippines;

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

DECISION:

Article 1. Attached hereto is the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea 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 tariff rate of Vietnam for the implementation of the ASEAN-Korea Free Trade Area (referred to as the AKFTA rate):

a) They must be listed in the Special Preferential Import Tariff Schedule issued together with this Decision.

b) They must be imported from the following countries:

Notwithstanding, goods imported from countries that may be indicated by country name symbols in column (6) of this Tariff Schedule (the "non-beneficiary countries" column) shall not be eligible for the AKFTA rate. Any additions or modifications to the country names in column (6) shall be made 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-Korea Origin Criteria, confirmed by an ASEAN-Korea Certificate of Origin (C/O - Form AK) 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 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 Republic of Korea (South Korea), the Chamber of Commerce and Industry or the Customs Authority.

Article 3Goods produced in the Kaesong Industrial Complex located within the territory of North Korea (GIC goods) to be eligible for the AKFTA rate of Vietnam must meet the following conditions:

a) They must be listed in column (5) of this Tariff Schedule (the "GIC goods" column).

b) They must be imported and directly transported from South Korea to Vietnam in accordance with regulations of the Ministry of Industry and Trade.

c) They must have a C/O - Form AK printed with the phrase "Rule 6" in box number 8, issued by the authorized authority of South Korea issuing C/O - Form AK, in accordance with regulations of the Ministry of Industry and Trade.

d) They must satisfy the ASEAN-Korea Origin Criteria for goods applying Rule 6 - AKFTA as stipulated in Appendix IV of the AKFTA Origin Regulations issued together with Decision No. 02/2007/QĐ-BTM dated January 8, 2007 of the Minister of Trade (now the Ministry of Industry and Trade) and subsequent amendments.

Article 4. The AKFTA rate for each year will be automatically applied from January 1 to December 31 of that year, starting from 2009 until 2011.

Article 6Ministers of Ministries, Heads of agencies at ministerial level, Heads of government agencies, Chairpersons of Provincial People's Committees, and Municipalities directly under the Central Government shall coordinate to implement this Decision./.