Decree No. 121/2022/NĐ-CP on the Special Preferential Tariff Schedule for Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) for the period 2022-2027.

DECREE

Special Preferential Tariff Schedule of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Area Agreementfor the period 2022-2027

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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-Australia-New Zealand Free Trade Area Agreement which became effective from January 1, 2010;

At the proposal of the Minister of Finance,

The Government promulgates the Decree on the Special Preferential Tariff Schedule of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Area Agreement for the period 2022-2027.

Article 1. Scope of Regulation

This Decree stipulates the special preferential tariff rates of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Area Agreement for the period 2022-2027 and the conditions for enjoying the special preferential tariff 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. Issued together with this Decree is the Special Preferential Tariff Schedule of Vietnam (the special preferential tariff rate referred to hereinafter as the AANZFTA rate) and the List of goods subject to special preferential tariff rates outside quotas of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Area Agreement for the period 2022-2027.

2. The columns "Goods Code" and "Description of Goods" in the Special Preferential Tariff Schedule issued together with 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 description and goods code according to the amended or supplemented Export and Import Goods List and apply the tariff rate of the amended or supplemented goods code as prescribed in the Special Preferential Tariff Schedule issued together with this Decree.

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

4. Symbol "*": Goods imported are not entitled to the AANZFTA rate at the corresponding time.

5. For goods subject to quota tariffs including certain items under commodity groups 04.07, 17.01, 24.01, 25.01, the AANZFTA rate within the quota is the tariff rate prescribed in the Special Preferential Tariff Schedule issued together with this Decree, the AANZFTA rate outside the quota is the tariff rate prescribed in the List of goods subject to special preferential tariff rates outside quotas issued together with this Decree. The tariff rate outside the quota for goods not included in the above list shall be applied according to the Export Tariff Schedule, the Preferential Tariff Schedule, the List of goods and the absolute tax rate, mixed tax rate, and tariff rate outside the quota as prescribed by the Government at the time of importation. The list and quantity of annual quota tariffs for imports are regulated by the Ministry of Industry and Trade.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Goods imported must meet the following conditions to be eligible for the AANZFTA rate:

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-Australia-New Zealand Free Trade Area Agreement, 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) Australia;

l) New Zealand.

3. Comply with the rules of origin (including direct shipment requirements) and have a Certificate of Origin (Form AANZ) or other certification documents in accordance with the ASEAN-Australia-New Zealand Free Trade Area Agreement and current laws.

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

Goods from the duty-free zones of Vietnam imported into the domestic market must comply with the conditions stipulated in Clause 1 and Clause 3 of Article 4 of this Decree to be eligible for the special preferential tariff rate under the ASEAN-Australia-New Zealand Free Trade Area Agreement.

Article 6. Effectiveness

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

2. The Decree No. 158/2017/NĐ-CP dated December 27, 2017 of the Government promulgating the Special Preferential Tariff Schedule of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Area 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 government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree.