Decree No. 120/2022/NĐ-CP on the Preferential Import Tax Tariff for Special Treatment of Vietnam to Implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the Period 2022-2028

DECREE
Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the Period 2022-2028

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-Japan Comprehensive Economic Partnership Agreement which became effective on December 1, 2008;

At the proposal of the Minister of Finance;

The Government issues this Decree on the Tariff Schedule for Vietnam's Special Preferential Import Tax Rates to Implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the Period 2022-2028.

Article 1. Scope of Regulation

This Decree stipulates the special preferential import tax rates of Vietnam to implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the period 2022-2028 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. Annexing to this Decree is the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the period 2022-2028 (the special preferential import tax rate referred to hereinafter is called AJCEP rate).

2. The columns "Product Code" and "Product Description" in the Special Preferential Import Tariff Schedule annexed to this Decree are based on the Export and Import Goods List of Vietnam and detailed according to the 8-digit or 10-digit coding level.

In case the Export and Import Goods List of Vietnam is amended or supplemented, the declarant shall declare the product description and code according to the amended or supplemented Export and Import Goods List and apply the AJCEP rate specified in the Special Preferential Import Tariff Schedule annexed to this Decree for the modified or supplemented product code.

3. Column "AJCEP Rate (%)": The applicable rates for different periods include:

a) 30/12/2022 - 31/3/2023: The rate applicable from December 30, 2022 to March 31, 2023;

b) 01/4/2023 - 31/3/2024: The rate applicable from April 1, 2023 to March 31, 2024;

c) 01/4/2024 - 31/3/2025: The rate applicable from April 1, 2024 to March 31, 2025;

d) 01/4/2025 - 31/3/2026: The rate applicable from April 1, 2025 to March 31, 2026;

đ) 01/4/2026 - 31/3/2027: The rate applicable from April 1, 2026 to March 31, 2027;

e) 01/4/2027 - 31/3/2028: The rate applicable from April 1, 2027 to March 31, 2028.

4. Symbol "*": Products imported at the corresponding time point are not eligible for the AJCEP rate.

5. For products subject to tariff quotas including certain items under 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 Special Preferential Import Tariff Schedule annexed to this Decree; the list and quantity of annual tariff quota imports are determined according to the regulations of the Ministry of Industry and Trade, and the import tax rate outside the quota applies according to the Export Tariff Schedule, the Preferential Import Tariff Schedule, the List of Goods and Absolute, Mixed, and Non-quota Import Tariffs of the Government at the time of import.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Imported goods subject to the AJCEP tariff 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 Comprehensive Economic Partnership Agreement between ASEAN and Japan, including the following countries:

a) Brunei Darussalam;

b) Kingdom of Cambodia;

c) Republic of Indonesia;

d) Lao People's Democratic Republic;

d) Malaysia;

e) Union of Myanmar;

g) Republic of the Philippines;

h) Republic of Singapore;

i) Kingdom of Thailand;

k) Japan.

3. Comply with the rules on origin of goods (including direct shipment requirements) and have a Certificate of Origin (CO) in the AJ format or other certification documents in accordance with the Comprehensive Economic Partnership Agreement between ASEAN and Japan and current laws.

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

Goods imported from Vietnam’s duty-free zones into the domestic market under the Comprehensive Economic Partnership Agreement between ASEAN and Japan must satisfy the conditions stipulated in Clause 1 and Clause 3 of Article 4 of this Decree.

Article 6. Effectiveness

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

2. Decision No. 160/2017/NĐ-CP dated December 27, 2017 of the Government promulgating the Special Preferential Import Tariff Schedule of Vietnam to implement the Comprehensive Economic Partnership Agreement between ASEAN and Japan for the period 2018-2023 ceases to be effective from the date this Decree takes effect.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree.