Circular No. 161/2011/TT-BTC on the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN Trade in Goods Agreement for the period 2012-2014

CIRCULAR

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

ASEAN Trade in Goods Agreement for the period 2012-2014

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Pursuant to the Law on Export Tax, Import Tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to Decree No. 87/2010/NĐ-CP dated August 13, 2010 of the Government detailing the implementation of the Law on Export Tax and Import Tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the ASEAN Trade in Goods Agreement signed on February 26, 2009 at the 14th Summit Conference in Cha-am, Thailand between the member states of the Association of Southeast Asian Nations (ASEAN) and approved by the Prime Minister of the Socialist Republic of Vietnam in Official Letter No. 1012/TTg-QHQT dated June 22, 2009;

The Ministry of Finance issues this Circular to promulgate the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN Trade in Goods Agreement as follows:

Article 1. Attached to this Circular is the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN Trade in Goods Agreement for the period 2012-2014 (the applicable tariff rate is abbreviated as ATIGA rate).

Where:

+ Column "Commodity Code" and Column "Commodity Description" are based on the Harmonized System 2012 and classified at the 8-digit level;

+ Column "ATIGA Rate (%)", the applicable tariff rate for each year is applied from January 1 to December 31 of that year, starting from 2012 until 2014.

Article 2. Imported goods must meet the following conditions to be eligible for the ATIGA rate:

1) They must belong to the Special Preferential Import Tariff Schedule issued together with this Circular;

2) They must be imported from ASEAN member countries into Vietnam, including the following countries:

- Brunei Darussalam;

- Kingdom of Cambodia;

- Republic of Indonesia;

- Lao People's Democratic Republic;

- Malaysia;

- Union of Myanmar;

- Republic of the Philippines;

- Republic of Singapore;

- Kingdom of Thailand;

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

3) They must be directly transported from the exporting country which is a member of ASEAN as stipulated in Clause (2) of this Article to Vietnam, in accordance with the regulations of the Ministry of Industry and Trade;

4) They must comply with the provisions on the origin of goods in the ASEAN Trade in Goods Agreement, accompanied by an ASEAN Certificate of Origin Model D (C/O Model D) in accordance with the regulations of the Ministry of Industry and Trade.

Article 3. This Circular takes effect from January 1, 2012 and replaces Decision No. 36/2008/QĐ-BTC dated June 12, 2008 of the Minister of Finance on the issuance of the Special Preferential Import Tariff Schedule CEPT/AFTA for the period 2008-2013 and Decision No. 73/2008/TT-BTC dated September 5, 2008 of the Minister of Finance amending Decision No. 36/2008/BTC dated June 12, 2008 of the Minister of Finance.