Decree No. 122/2022/NĐ-CP on the Special Preferential Tariff Schedule of Vietnam for Implementing the ASEAN-India Trade in Goods Agreement for the Period 2022-2027

DECREE

Tariff Schedule for Special Preferential Import Duties of Vietnam to Implement the ASEAN-India Trade in Goods 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 Trade in Goods Agreement between the Association of Southeast Asian Nations (ASEAN) and the Republic of India (India), which took effect on June 1, 2010;

At the proposal of the Minister of Finance,

The Government promulgates this Decree on the Tariff Schedule for Special Preferential Import Duties of Vietnam to Implement the ASEAN-India Trade in Goods Agreement for the Period 2022-2027.

Article 1. Scope of Regulation

This Decree stipulates the rates of special preferential import duties to implement the ASEAN-India Trade in Goods Agreement under the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and India for the period 2022-2027 and the conditions for enjoying such special preferential import duty 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. This Decree annexes the Tariff Schedule for Special Preferential Import Duties of Vietnam to Implement the ASEAN-India Trade in Goods Agreement for the Period 2022-2027 (the special preferential import duty rates referred to hereinafter are called AIFTA rates).

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

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

3. Column "AIFTA Rate (%)": Rates applicable for different periods include:

a) December 30, 2022: Rate applicable on December 30, 2022;

b) December 31, 2022 - December 30, 2023: Rate applicable from December 31, 2022 to December 30, 2023;

c) December 31, 2023 - December 30, 2024: Rate applicable from December 31, 2023 to December 30, 2024;

d) December 31, 2024 - December 31, 2025: Rate applicable from December 31, 2024 to December 31, 2025;

đ) January 1, 2026 - December 31, 2026: Rate applicable from January 1, 2026 to December 31, 2026;

e) January 1, 2027 - December 31, 2027: Rate applicable from January 1, 2027 to December 31, 2027.

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

5. For imported goods subject to quota duties, including certain items under commodity groups 04.07, 17.01, 24.01, 25.01, the special preferential import duty within the quota is the rate specified in the Tariff Schedule for Special Preferential Import Duties annexed to this Decree; the list and quantity of annual quota imports are regulated by the Ministry of Industry and Trade, and the rate of import duty outside the quota is applied according to the Export Tariff, the Tariff Schedule for Preferential Import Duties, the List of Commodities and Absolute, Mixed, and Import Duties Outside Quota as prescribed by the Government at the time of importation.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Imported goods subject to the AIFTA 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 into Vietnam from member countries of the ASEAN-India Trade in Goods Agreement, including the following countries:

a) Brunei Darussalam;

b) Kingdom of Cambodia;

c) The Republic of Indonesia;

d) Lao People's Democratic Republic;

đ) Malaysia;

e) Union of Myanmar;

g) Republic of the Philippines;

h) Republic of Singapore;

i) Kingdom of Thailand;

k) The Republic of India.

3. Comply with the rules of origin (including direct shipment requirements) and have a Certificate of Origin (C/O) Model AI or other certification documents in accordance with the ASEAN-India Trade in Goods Agreement and current laws.

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

Goods from Vietnam's free trade zones imported into the domestic market and subject to the special preferential import duty rate under the AIFTA Agreement must comply with 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. Decree No. 159/2017/NĐ-CP dated December 27, 2017 of the Government promulgating the Tariff Schedule for Special Preferential Import Duties of Vietnam to Implement the ASEAN-India Trade in Goods Agreement for the Period 2018-2022 ceases to be effective from the date this Decree comes into force.

Article 7. Responsibility for Implementation

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