Decree No. 150/2017/ND-CP on the Preferential Import Tax Tariff for Special Treatment of Vietnam to Implement the Free Trade Agreement between one party being the Socialist Republic of Vietnam and the other party being the Eurasian Economic Union (EAEU) and member countries for the period 2018-2022.

DECREE

Tariff Schedule for Special Preferential Import Tax Rates of Vietnam

to implement the Free Trade Agreement between one party being

the Socialist Republic of Vietnam and the other party being

the Eurasian Economic Union and its member states for the period 2018-2022

                                                                             -----------------------------------------------

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Export Duties and Import Duties dated April 6, 2016;

Pursuant to the Law on International Treaties dated April 9, 2016;

To implement the Free Trade Agreement between one party being the Socialist Republic of Vietnam and the other party being the Eurasian Economic Union and its member states which entered into force on October 5, 2016;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on the Special Preferential Import Tariff Schedule of Vietnam to implement the Free Trade Agreement between one party being the Socialist Republic of Vietnam and the other party being the Eurasian Economic Union and its member states for the period 2018-2022.

Article 1. Scope of Regulation

This Decree stipulates the special preferential import tariff rates of Vietnam to implement the Free Trade Agreement between one party being the Socialist Republic of Vietnam and the other party being the Eurasian Economic Union and its member states (hereinafter referred to as the VN-EAEU FTA) for the period 2018-2022 and the conditions for enjoying the 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 with rights and obligations related to exported and imported goods.

Article 3. Special Preferential Import Tariff Schedule

Attached hereto is the Special Preferential Import Tariff Schedule of Vietnam (special preferential import tariff rates hereinafter referred to as VN-EAEU FTA rates) and the List of Goods subject to Import Tariffs within Quotas of Vietnam to implement the VN-EAEU FTA for the period 2018-2022.

1. Explanatory notes and general rules explaining the classification of goods shall be implemented based on the Vietnamese Export and Import Goods Classification Catalogue according to the Harmonized System of Description and Coding of Goods of the World Customs Organization.

2. The "Goods Code" column and the "Goods Description" column are established based on the Vietnamese Export and Import Goods Classification Catalogue and detailed at the 8-digit or 10-digit code level.

3. The "VN-EAEU FTA Rate (%)": The rate applicable each year, applied from January 1, 2018 to December 31, 2022.

4. Symbol "*": Imported goods not entitled to the VN-EAEU FTA rate at the corresponding time.

5. Symbol "Q": Imported goods under quota tariffs from the Eurasian Economic Union and its member states with quota tariff rates detailed in the List of Goods subject to Import Tariffs within Quotas of Vietnam to implement the VN-EAEU FTA for the period 2018-2022; the quota volume to implement the VN-EAEU FTA is announced by the Ministry of Industry and Trade and the out-of-quota import tariff rate is applied according to the Government's regulations at the time of importation.

Article 4. Conditions for applying the Special Preferential Tariff Rate

Imported goods subject to the VN-EAEU FTA 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 into Vietnam from countries that are members of the Vietnam-EAEU FTA, including the following countries:

a) Armenia;

b) Belarus;

c) Kazakhstan;

d) Kyrgyzstan;

e) Russian Federation;

f) Other member states of the Eurasian Economic Union (as provided for in Article 15.2 of the VN-EAEU FTA);

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

    3. Directly transported from the exporting country as stipulated in Clause 2, Article 4 of this Decree into Vietnam as prescribed by the Ministry of Industry and Trade.

    4. Complying with the provisions on the origin of goods in the VN-EAEU FTA, having a Certificate of Origin (C/O) model EAV, as prescribed by current laws.

Article 5. Effectiveness

1. This Decree takes effect from January 1, 2018.

2. Repeal Decree No. 137/2016/NĐ-CP dated September 29, 2016 of the Government on the promulgation of the Special Preferential Import Tariff Schedule of Vietnam to implement the Free Trade Agreement between one party being the Socialist Republic of Vietnam and the other party being the Eurasian Economic Union and its member states for the period 2016-2018.

Article 6. Responsibility for Implementation

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