Decree No. 127/2016/ND-CP on the Preferential Import Tariff Schedule for Vietnam to Implement the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) for the period of 2016-2018.

DECREE

Issuing the Special Preferential Import Tariff Schedule of Vietnam for Implementing the ASEAN-Australia-New Zealand Free Trade Agreement Phase 2016-2018

Pursuant to the Law on Government Organization No. 76/2015/QH13 dated June 19, 2015;

Pursuant to the Law on Export Duties and Import Duties No. 107/2016/QH13 dated April 6, 2016;

Pursuant to the Law on International Treaties No. 108/2016/QH13 dated April 9, 2016;

To implement the ASEAN-Australia-New Zealand Free Trade Agreement which took effect from January 1, 2010;

At the proposal of the Minister of Finance;

The Government issues this Decree on issuing the Special Preferential Import Tariff Schedule of Vietnam for implementing the ASEAN-Australia-New Zealand Free Trade Agreement Phase 2016-2018.

Article 1. Pscope of regulation

This Decree stipulates the special preferential import tariff rates of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Agreement Phase 2016-2018 and the conditions for enjoying such special preferential import tariff rates under this Agreement.

Article 2. Scope of application

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

2. Customs authorities, customs officers.

3. Organizations and individuals with rights and obligations related to exported or imported goods.

Article 3. Special Preferential Import Tariff Schedule

This Decree annexes the Special Preferential Import Tariff Schedule of Vietnam (hereinafter referred to as AANZFTA tariff rates) and the List of Goods Subject to Non-Quota Import Tariffs for implementing the ASEAN-Australia-New Zealand Free Trade Agreement Phase 2016-2018.

1. The "Goods Code" column and the "Name, Description of Goods" column are based on the Vietnam Export and Import Commodities List and classified according to an eight-digit code level.

2. The "AANZFTA Tariff Rate (%)": tariff rates applicable for each year from September 1, 2016 to December 31, 2016 and from January 1 to December 31 of the years 2017 and 2018.

3. The symbol "*": imported goods are not eligible for AANZFTA tariff rates at the corresponding time.

4. Quota quantities for the List of Goods Subject to Non-Quota Import Tariffs of Vietnam shall be announced by the Ministry of Industry and Trade.

Article 4. Conditions for application of preferential import tariff rates

Imported goods subject to the preferential import tariff rate under this Decree must meet the following conditions:

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

2. They are imported from member countries of the ASEAN-Australia-New Zealand Free Trade Agreement, including the following countries:

a. Brunei Darussalam;

b. Kingdom of Cambodia;

c. Republic of Indonesia;

d. Lao People's Democratic Republic;

đ. Malaysia;

e. Union of Myanmar;

g. Philippines;

h. Singapore;

i. Kingdom of Thailand;

k. Australia;

l. New Zealand;

m. Socialist Republic of Vietnam (Goods from duty-free zones imported into the domestic market).

3. They are directly transported from the exporting country as specified in Clause 2 of this Article to Vietnam, as prescribed by the Ministry of Industry and Trade.

4. They comply with the rules of origin for goods under the ASEAN-Australia-New Zealand Free Trade Agreement, having a Certificate of Origin (C/O) Model AANZ as prescribed by the Ministry of Industry and Trade.

Article 5. Effective Date

1. This Decree takes effect from September 1, 2016.

2. Circular No. 168/2014/TT-BTC dated November 14, 2014 of the Minister of Finance promulgating the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Australia-New Zealand Free Trade Agreement for the period 2015-2018 is hereby repealed.

Article 6. Responsibility for Implementation

Ministers, heads of ministerial-level agencies and other government agencies, chairpersons of provincial people's committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree./.