Circular No. 166/2014/TT-BTC Issuing the Special Preferential Import Tariff Schedule of Vietnam for Implementing the ASEAN-China Free Trade Agreement (ACFTA) Phase 2015-2018

CIRCULAR

Issuing the Special Preferential Import Tariff Schedule of Vietnam for Implementation of the Vietnam-Japan Economic Partnership Agreement for the Period 2015-2019

ASEAN-China Trade in Goods Agreement for the period 2015-2018

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

Pursuant to the Government Decree No. 87/2010/NĐ-CP dated August 13, 2010 detailing certain provisions of the Law on Export Tax and Import Tax;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

On the basis of the Framework Agreement on Comprehensive Economic Cooperation between the member states of the Association of Southeast Asian Nations (ASEAN) and the People's Republic of China (China), signed on November 4, 2002, in Cambodia, which was approved by the President of the Socialist Republic of Vietnam through Decision 890/2003/QĐ-CTN dated November 26, 2003;

On the basis of the ASEAN-China Framework Agreement on Trade in Goods, signed on November 29, 2004, in Laos, and the Memorandum of Understanding between Vietnam and China on certain issues under the ASEAN-China Trade in Goods Agreement, signed on July 18, 2005, in China, which was approved by the Prime Minister of the Socialist Republic of Vietnam through Decision No. 257/2005/QĐ-TTg dated October 19, 2005;

At the proposal of the Director of the International Cooperation Department;

The Minister of Finance issues this Circular to promulgate the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2015-2018.

Article 1. Attached herewith is the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Trade in Goods Agreement for the period 2015-2018 (the special preferential tariff rate hereinafter referred to as the ACFTA rate).

1. The "Commodity Code" column and the "Description of Goods" column are based on the Harmonized System of Tariff Nomenclature of the Association of Southeast Asian Nations 2012 (AHTN 2012) and classified according to the 8-digit or 10-digit code level.

2. The "ACFTA Rate (%)": the applicable tariff rate for each year, applied from January 1 to December 31 of that year, starting from 2015 until the end of 2018.

3. Symbol "*": goods imported at the corresponding time do not enjoy the special preferential ACFTA rate.

4. The "Country Not Entitled to Benefit" column: goods imported from countries whose country name symbols are indicated (as specified in Point (2) of Article 2 of this Circular) are not subject to the ACFTA rates prescribed in this Circular.

Article 2. Conditions for goods imported to be eligible for the ACFTA rate

Imported goods must meet the following conditions to be eligible for the ACFTA rate:

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

2. They must be imported into Vietnam from countries that are members of the ASEAN-China Trade in Goods Agreement, including the following countries:

3. They must be directly transported from the exporting country specified 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 rules of origin for goods under the ASEAN-China Trade in Goods Agreement, having an ASEAN-China Certificate of Origin (C/O - Form E) as stipulated by the Ministry of Industry and Trade.

Article 3. Effectiveness

This Circular takes effect from January 1, 2015; replacing Circular No. 162/2011/TT-BTC dated November 17, 2011, issued by the Minister of Finance on the promulgation of the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Free Trade Area for the period 2012-2014. Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance for supplementary guidance as appropriate./.