Decree No. 130/2016/ND-CP on the Special Preferential Tariff Schedule of Vietnam for Implementing the ASEAN-Korea Free Trade Agreement (AKFTA) for the period 2016-2018

DECREE

Issuing Issuing the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Korea Trade in Goods Agreement

for the period 2016-2018 

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

Pursuant to the Law on Export Tax and Import Tax 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-Korea Trade in Goods Agreement between the Association of Southeast Asian Nations (ASEAN) and the Republic of Korea (ROK), which became effective on June 1, 2007;

At the proposal of the Minister of Finance;

The Government issues this Decree on the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Korea Trade in Goods Agreement for the period 2016-2018.

Article 1. Scope of Regulation

This Decree stipulates the rates of special preferential import tariffs to implement the ASEAN-Korea Trade in Goods Agreement under the ASEAN-Korea Comprehensive Economic Partnership Agreement and the conditions for enjoying such special preferential import 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

Attached hereto is the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Korea Trade in Goods Agreement for the period 2016-2018 (the special preferential import tariff rate referred to hereinafter is called AKFTA rate).

1. The "Commodity Code" column and the "Name and Description of Goods" column are based on the Vietnamese Export and Import Commodity List and classified according to the 8-digit or 10-digit coding level.

2. The "AKFTA Rate (%)": the rate applicable for each year, applied from September 1, 2016 to December 31, 2016 and from January 1 to December 31 of 2017 and 2018.

3. The symbol "*": imported goods not entitled to the AKFTA rate at the corresponding time.

4. The "Non-beneficiary Country" column: goods imported from countries listed with country name symbols (as provided for in Clause 2, Article 4) shall not be subject to the AKFTA rate prescribed in this Decree.

5. The "GIC" column: goods produced in the Kaesong Industrial Complex within the territory of the Democratic People's Republic of Korea shall apply the AKFTA rate as prescribed in Article 3 of this Decree.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Imported goods subject to AKFTA duty rates 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-Korea Trade in Goods Agreement, including the following countries:

a) Brunei Darussalam, symbol BN;

b) Kingdom of Cambodia, code KH;

c) Republic of Indonesia, code ID;

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

d) Malaysia, symbol MY;

e) Union of Myanmar, code MM;

g) Philippines, code PH;

h) Singapore, code SG;

i) Kingdom of Thailand, code TH;

k) Republic of Korea (South Korea), symbol KR;

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

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

4. Meeting the provisions on origin of goods in the ASEAN-Korea Trade in Goods Agreement, having a Certificate of Origin (C/O) Form AK issued by the Ministry of Industry and Trade.

Article 5. Goods produced in the Kaesong Industrial Complex within the territory of the Democratic People's Republic of Korea

Goods produced in the Kaesong Industrial Complex within the territory of the Democratic People's Republic of Korea (GIC goods) to be eligible for the AKFTA rate of Vietnam must meet the following conditions:

1. Belong to items that can be marked with the symbol "GIC" in the "GIC" column of the Tariff Schedule issued together with this Decree.

2. Imported from South Korea into Vietnam.

3. Directly transported from South Korea into Vietnam, as provided for by the Ministry of Industry and Trade.

4. Meeting the origin requirements for goods under the ASEAN-Korea Trade in Goods Agreement for goods applying Rule 6 - AKFTA, having a Certificate of Origin (C/O) Form AK printed with the words "Rule 6" in box number 8 issued by the authorized authority of the Korean C/O Form AK, as provided for by the Ministry of Industry and Trade.

Article 6. Effectiveness

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

2. Repealing Circular No. 167/2014/TT-BTC dated November 14, 2014 of the Minister of Finance issuing the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-Korea Trade in Goods Agreement for the period 2015-2018 and Circular No. 44/2015/TT-BTC dated March 30, 2015 of the Minister of Finance amending the special preferential import tariff rates for certain groups of goods in the ASEAN-Korea Special Preferential Import Tariff Schedule for the period 2015-2018.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and municipal people's committees directly under the central government, relevant organizations and individuals are responsible for implementing this Decree./.