Decree No. 133/2016/ND-CP stipulates the special preferential tariff rates of Vietnam for the implementation of the ASEAN-Japan Comprehensive Economic Partnership Agreement for the period 2016-2019. This document applies to taxpayers, customs authorities, and organizations and individuals related to import and export activities.
적용 범위
["Taxpayers as prescribed by the Law on Export Duties and Import Duties", "Customs authorities, customs officers", "Organizations and individuals with rights and obligations related to exported and imported goods"]
핵심 사항
- Taxpayers → shall be subject to the AJCEP tariff rate → if the goods fall under the Special Preferential Tariff Schedule issued together with this Decree (Article 4), "AJCEP Tariff Rate (%)" in the tariff schedule changes through different stages from September 1, 2016 to March 31, 2019 (Article 3.2).
- Imported goods → must be imported from countries that are members of the ASEAN-Japan Comprehensive Economic Partnership Agreement (Article 4.2).
- Imported goods → must comply with the rules of origin for goods as stipulated in the Agreement and have a Certificate of Origin Form AJ issued by the Ministry of Industry and Trade (Article 4.4).
- This Decree takes effect from September 1, 2016 (Article 5).
- Circular No. 24/2015/TT-BTC is abolished from the date this Decree takes effect (Article 5.2).
🌐 이 문서의 사회적 영향
- Vietnamese citizens and businesses benefit from reduced special preferential import tariffs on goods from member countries of the ASEAN-Japan Agreement.
- Organizations and individuals involved in import and export activities must comply with the rules of origin and certificate of origin requirements to enjoy the AJCEP tariff rate.
- The abolition of Circular No. 24/2015/TT-BTC creates changes in import tax management, which may cause difficulties for businesses that have not yet adapted to the new regulations.
❓ 자주 묻는 질문
Which goods are subject to the AJCEP tariff rate?
Goods must fall under the Special Preferential Tariff Schedule issued together with this Decree and meet the conditions regarding the rules of origin.
When does the AJCEP tariff schedule take effect?
The AJCEP tariff schedule is effective from September 1, 2016 to March 31, 2019.
Which countries are members of the ASEAN-Japan Agreement?
It includes Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Japan.
Is a certificate of origin required to apply the AJCEP tariff rate?
A Certificate of Origin (C/O) Form AJ issued by the Ministry of Industry and Trade is required.
When was Circular No. 24/2015/TT-BTC abolished?
This Circular is abolished from the date Decree No. 133/2016/ND-CP takes effect.
전문
DECREE
SPECIAL PREFERENTIAL IMPORT DUTY TARIFF OF VIETNAM FOR IMPLEMENTING THE ASEAN-JAPAN COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT PHASE 2016-2019
Pursuant to the Law on Government Organization dated April 19, 2015;June 2024;2015;
Pursuant to the Law on Export Duties and Import Duties dated April 6, 2016;June 2024;on April 20, 2016;
Pursuant to the Law on International Treaties dated September 28, 2005;policies day, September 09th,June 2024;on April 20, 2016;
To implement the Comprehensive Economic Partnership Agreement between the Association of Southeast Asian Nations (ASEAN) and Japan which took effect from December 1, 2008;ngyear Other protection scopes (hereinafter referred to as ASEAN)ắbetween the Association of Southeast Asian Nations (ASEAN) and Japan shall take effect from January 1st,June 2024;year 2008;
At the proposal of the Minister of Finance;
h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree. Special preferential import duty tariff of Vietnam for implementing the Comprehensive Economic Partnership Agreement between ASEAN and Japan phase 2016-2019. n the text TRrime Minister cThis Decree stipulates the special preferential import duty rates of Vietnam for implementing the Comprehensive Economic Partnership Agreement between ASEAN and Japan phase 2016-2019 and the conditions for enjoying the special preferential import duty rates under this Agreement.ệorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. of This Decree annexes the special preferential import duty tariff of Vietnam for implementing the Comprehensive Economic Partnership Agreement between ASEAN and Japan phase 2016-2019 (the special preferential import duty rate hereinafter referred to as AJCEP rate).No.Column "AJCEP Rate (%)": Rates applicable for different periods including:
Article 1. Scope of Regulation
a) September 1, 2016 - March 31, 2017: Rate applicable from September 1, 2016 to March 31, 2017;
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 with rights and obligations related to exported and imported goods.
Article 3. Special Preferential Import Tariff Schedule
b) April 1, 2017 - March 31, 2018: Rate applicable from April 1, 2017 to March 31, 2018;
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.
c) April 1, 2018 - March 31, 2019: Rate applicable from April 1, 2018 to March 31, 2019.
3. Symbol "*": Goods imported not eligible for the AJCEP rate at the corresponding time.
a) Republic of the Philippines;
3. Directly transported from the exporting country according to Clause 2 of Article 3 of this Decree into Vietnam, as prescribed by the Ministry of Industry and Trade.
4. Comply with the provisions on origin of goods in the Comprehensive Economic Partnership Agreement between ASEAN and Japan, having a Certificate of Origin (C/O) Form AJ as prescribed by the Ministry of Industry and Trade.
Article 4. Conditions for applying the Special Preferential Tariff Rate
Imported goods subject to the AJCEP tariff rate must meet the following conditions:
1. They must be listed in the Special Preferential Import Tariff Schedule issued together with this Decree.
5. For imported goods subject to quota tariffs, the preferential import tariff rate applicable to the quantity of imported goods within the quota is detailed in the Preferential Import Tariff Schedule of Vietnam to implement the Comprehensive Economic Partnership Agreement between ASEAN and Japan for the period 2018 - 2023 attached hereto. The tariff rate outside the quota shall be applied according to the regulations of the Government at the time of importation. The annual quota volume for imported goods is regulated by the Ministry of Industry and Trade.
a) Brunei Darussalam;
b) Kingdom of Cambodia;
c) Republic of Indonesia;
d) Lao People's Democratic Republic;
d) Malaysia;
e) Union of Myanmar;
1. This Decree takes effect from September 1, 2016.
h) Republic of Singapore;
i) Kingdom of Thailand;
g) Republic of the Philippines;
Socialist Republic of Vietnam (Goods from duty-free zones imported into the domestic market).
2. Repeal Circular No. 24/2015/TT-BTC dated February 14, 2015 of the Minister of Finance promulgating the special preferential import duty tariff of Vietnam for implementing the Comprehensive Economic Partnership Agreement between ASEAN and Japan phase 2015-2019.
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, and related organizations and individuals are responsible for implementing this Decree./.
Article 5. Effective Date
1. This Decree takes effect from September 1, 2016.
2. The Circular No. 24/2015/TT-BTC dated February 14, 2015, issued by the Minister of Finance, providing the Special Preferential Tariff for Vietnam to implement the ASEAN-Japan Comprehensive Economic Partnership Agreement for the period 2015-2019, is hereby repealed.
Article 6. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations, and related organizations and individuals are responsible for implementing this Decree./.
PRIME MINISTER
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