Decree No. 132/2016/ND-CP on the Special Preferential Tariff Schedule of Vietnam for Implementing the Free Trade Agreement between Vietnam and Chile for the period 2016-2018

                                                DECREE                          

Issuing the Special Preferential Tariff Schedule of Vietnam for Implementing the Free Trade Agreement between Vietnam and Chile for the period 2016-2018 period 2016-2018

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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 Free Trade Agreement between Vietnam and Chile which became effective from January 1, 2014;

At the proposal of the Minister of Finance;

The Government issues this Decree to issue the Special Preferential Tariff Schedule of Vietnam for Implementing the Free Trade Agreement between Vietnam and Chile for the period 2016-2018.

Article 1. Scope of Regulation

This Decree stipulates the special preferential tariff rates of Vietnam for implementing the Free Trade Agreement between Vietnam and Chile for the period 2016-2018 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

This Decree annexes the Special Preferential Tariff Schedule of Vietnam for Implementing the Free Trade Agreement between Vietnam and Chile for the period 2016-2018 (the special preferential tariff rate referred to hereinafter is called the VCFTA rate).

1. The "Commodity Code" column and the "Name and Description of Goods" column are based on the Vietnamese List of Exported and Imported Goods and classified at the 8-digit level.

2. The "VCFTA 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. Symbol "*": imported goods not entitled to the VCFTA rate at the corresponding time.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Imported goods subject to the VCFTA 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 from Chile into Vietnam.

3. Directly transported from Chile into Vietnam as specified by the Ministry of Industry and Trade.

4. Comply with the provisions on the origin of goods in the Free Trade Agreement between Vietnam and Chile, having a Certificate of Origin (C/O) form VC issued by the Ministry of Industry and Trade.

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

Imported goods from the non-tariff zone of Vietnam (including processed goods) into the domestic market subject to the VCFTA rate must meet the conditions specified in Clause 1, Article 4 and have a Certificate of Origin (C/O) form VC issued by the Ministry of Industry and Trade.

Article 6. Effectiveness

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

2. Repeal Circular No. 162/2013/TT-BTC dated November 15, 2013 of the Minister of Finance issuing the Special Preferential Tariff Schedule of Vietnam for Implementing the Free Trade Agreement between Vietnam and Chile for the period 2014-2016.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree.