Decree No. 118/2022/ND-CP Special Preferential Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2022-2027.

DECREE
Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-China Free Trade Agreement for the Period 2022-2027

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

To implement the ASEAN-China Free Trade Agreement which became effective on October 19, 2005;

At the proposal of the Minister of Finance,

The Government issues this Decree to promulgate the Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-China Free Trade Agreement for the Period 2022-2027.

Article 1. Scope of Regulation

This Decree stipulates the special preferential import tax rates of Vietnam to implement the ASEAN-China Free Trade Agreement for the period 2022-2027 and the conditions for enjoying such special preferential import tax rates under this Agreement.

Article 2. Applicability

1. Taxpayers as prescribed by the Law on Export Duties and Import Duties.

2. Customs authorities, customs officers.

3. Organizations and individuals involved in export and import goods have rights and obligations related thereto.

Article 3. Special Preferential Import Tariff Schedule

1. Attached herewith is the Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-China Free Trade Agreement for the Period 2022-2027 (the special preferential import tax rate referred to hereinafter as the ACFTA rate).

2. The columns "Commodity Code" and "Description of Goods" in the attached Tariff Schedule for Special Preferential Import Tax Rates are based on the List of Exported and Imported Commodities of Vietnam and detailed according to the 8-digit or 10-digit coding level.

In case the List of Exported and Imported Commodities of Vietnam is amended or supplemented, the declarant shall declare the description and commodity code according to the amended or supplemented List of Exported and Imported Commodities and apply the ACFTA rate specified in the attached Tariff Schedule for Special Preferential Import Tax Rates.

3. Column "ACFTA Rate (%)": The rate applicable from December 30, 2022 to December 31, 2027.

4. Symbol "*": Imported goods not entitled to the ACFTA rate at the corresponding time.

5. Column "Countries Not Entitled to Preferential Treatment": Goods imported from countries whose names are indicated by symbols (as prescribed in Clause 2, Article 4 of this Decree) are not subject to the ACFTA rate prescribed in this Decree.

For goods subject to tariff quotas, including certain items under the commodity groups 04.07, 17.01, 24.01, 25.01, the special preferential import tax rate within the quota is the rate specified in the attached Tariff Schedule for Special Preferential Import Tax Rates; the list and annual quota volume for imported goods are determined according to the regulations of the Ministry of Industry and Trade, and the import tariff rate outside the quota is applied according to the Export Tariff Schedule, the Tariff Schedule for Preferential Import Tax Rates, the List of Commodities and Absolute, Compound, and Import Tariffs Outside Quotas as prescribed by the Government at the time of importation.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Goods subject to the ACFTA rate must meet the following conditions:

1. They must be listed in the Special Preferential Import Tariff Schedule issued together with this Decree.

2. Imported from member countries of the ASEAN-China Free Trade Agreement, including the following countries and territories:

a) Brunei Darussalam, code BN;

b) Kingdom of Cambodia, code KH;

c) Republic of Indonesia, symbol ID;

d) Lao People's Democratic Republic, code LA;

d) Malaysia, code MY;

e) Union of Myanmar, code MM;

g) Republic of the Philippines, code PH;

h) Republic of Singapore, code SG;

i) Kingdom of Thailand, code TH;

k) People's Republic of China, symbol CN;

3. Comply with the provisions on origin of goods (including direct shipment requirements) and have a Certificate of Origin (C/O) Form E or other proof of origin as prescribed by the ASEAN-China Free Trade Agreement and current laws.

Article 5. Goods from Vietnam's Duty-Free Zones

Goods imported from Vietnam's duty-free zones into the domestic market and subject to the ACFTA special preferential import tax rate must comply with the conditions set forth in Clauses 1 and 3 of Article 4 of this Decree.

Article 6. Effectiveness

1. This Decree takes effect from the date of issuance.

2. Decree No. 153/2017/NĐ-CP dated December 27, 2017 of the Government promulgating the Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-China Free Trade Agreement for the Period 2018-2022 ceases to be effective from the date this Decree takes effect.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, and related organizations and individuals are responsible for implementing this Decree.