Decree No. 128/2016/ND-CP on the Special Preferential Tariff Schedule of Vietnam for Implementing the ASEAN-China Free Trade Agreement (ACFTA) for the period 2016-2018.

DECREE

Regarding the issuance of the Special Preferential Import Tariff Schedule of Vietnam

to implement the ASEAN-China Trade in Goods Agreement

for the period 2016 – 2018

____________

Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.pursuant to Decision No. 76/2015/QH13 dated June 9, 2015 of the National Assembly; 1export,

Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.import No. 107/2016/QH13 dated April 6, 2016; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.pursuant to the Law on International Treaties No. 108/2016/QH13 dated April 9, 2016;

The ASEAN-China Trade in Goods Agreement entered into force from October 19, 2005;

To implement The Government issues this Decree on the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement.

At the proposal of the Minister of Finance,

ASEAN - China for the period 2016 - 2018. Article 1. Scope

This Decree stipulates the special preferential import tariff rates of Vietnam to implement the ASEAN-China Trade in Goods Agreement and the conditions for enjoying such special preferential import tariff rates under the Agreement.Article 3. Special Preferential Import Tariff Schedule

This Decree hereby promulgates the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2016 – 2018 (the special preferential import tariff rate referred to hereinafter as the ACFTA rate).

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.

1. The "Commodity Code" column and the "Name and Description of Goods" column are based on the Vietnam Export and Import Commodity List and classified according to the 8-digit or 10-digit code level. 2. The "ACFTA Rate (%)" column: the applicable rate for each year, applied from September 1, 2016 to December 31, 2016 and from January 1 to December 31 of 2017 and 2018.

3. Symbol "*": imported goods not entitled to the ACFTA rate at the corresponding time.

4. The "Non-beneficiary Country" column: goods imported from countries that may have country name symbols (as specified in Clause 2, Article 4) shall not be subject to the ACFTA rate prescribed in this Decree.

Article 4. Conditions for applying the special preferential import tariff rate

Imported goods entitled to the ACFTA rate must meet the following conditions:

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

g) Philippines, symbol PH; h) Singapore, symbol SG;

3. Directly transported from the exporting country as provided for in Clause 2 of this Article into Vietnam as prescribed by the Ministry of Industry and Trade.

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 Area Agreement, including the following countries:

a) Brunei Darussalam, symbol BN;

b) Kingdom of Cambodia, code KH;

c) Republic of Indonesia, code ID;

4. Comply with the provisions on the origin of goods in the ASEAN-China Trade in Goods Agreement, having a Certificate of Origin (C/O) Form E as prescribed by the Ministry of Industry and Trade.

d) Malaysia, symbol MY;

e) Union of Myanmar, code MM;

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

2. Repeal Circular No. 166/2014/TT-BTC dated November 14, 2014 of the Minister of Finance on the issuance of the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2015 – 2018.

i) Kingdom of Thailand, code TH;

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

l) Socialist Republic of Vietnam (Goods from duty-free zones imported into the domestic market), symbol VN.

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

||| Comply with the provisions on the origin of goods under the ASEAN-China Trade in Goods Agreement, having a Certificate of Origin (C/O) Form E as prescribed by the Ministry of Industry and Trade.

          Article 5. Effective date

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

||| Abolish Circular No. 166/2014/TT-BTC dated November 14, 2014, issued by the Minister of Finance regarding the issuance of the Special Preferential Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2015-2018.

Article 6. Responsibility for Implementation

||| Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.