Circular No. 188/2009/TT-BTC promulgates the List of Goods and Import Tariff Rates for the Application of Tariff Quotas.

✦ Smart summary

Circular No. 188/2009/TT-BTC stipulates the List of Goods and Import Tariff Rates for the Application of Tariff Quotas, applicable to enterprises importing goods. Notably, it determines the annual quota volume and applies import tariff rates according to specific cases.

Scope of application

Enterprises importing international goods, Customs authorities.

Key points

Enterprise → is allowed to import goods within the annual quota volume → applying the import tariff rate specified in the current Preferential Import Tariff Schedule or the special preferential import tariff rate if conditions are met.
Enterprise → must comply with the List of Goods and Import Tariff Rates for the Application of Tariff Quotas issued together with this Circular.
Customs authority → is responsible for controlling the importation of goods within the quota volume and applying the correct import tariff rate.
Enterprise → shall not import goods beyond the annual quota volume but must apply the import tariff rate prescribed in this Circular.
Customs authority → takes effect 45 days after signing the Circular.

🌐 Social impact of this document

Positive impact: Reduces the tax burden on enterprises importing goods within the quota volume.
Negative impact: May create disadvantages for enterprises not complying with the quota import regulations.
Enterprises benefit from the application of special preferential tariff rates if they meet the conditions.
Customs authority faces difficulties in controlling and supervising the importation of goods.

❓ Frequently asked questions

How much quantity of goods can an enterprise import?

An enterprise is only allowed to import goods within the annual quota volume as prescribed by the Ministry of Industry and Trade. Imported goods exceeding this volume will be subject to the import tariff rate prescribed in this Circular.

What is the duration of effectiveness of this Circular?

This Circular takes effect 45 days after signing and applies to customs declarations for imported goods registered with the Customs authority.

How do enterprises benefit from the special preferential tariff rates?

Enterprises may benefit from the special preferential import tariff rate if imported goods are within the annual quota volume and satisfy Vietnam's commitments under international treaties.

What control rights does the Customs authority have?

The Customs authority is responsible for controlling the importation of goods within the quota volume and applying the correct import tariff rate as prescribed in this Circular.

If an enterprise imports goods outside the quota, what tax rate will they bear?

Enterprises importing goods beyond the annual quota volume will be subject to the import tariff rate prescribed in this Circular.

Full text

CIRCULAR

Issuing the List of Goods and Import Tariff Rates for the Application of Tariff Quotas

____________________________

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

Pursuant to Resolution No. 295/2007/NQ-UBTVQH12 dated September 28, 2007 of the Standing Committee of the National Assembly regarding the issuance of the Export Tariff Schedule according to the list of taxable goods categories and tariff rate ranges for each category, and the Preferential Import Tariff Schedule according to the list of taxable goods categories and preferential tariff rate ranges for each category;

Pursuant to Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce concerning international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
The Ministry of Finance hereby issues the List of Goods and Tariff Rates for the application of tariff quotas for imported goods as follows:

Article 1. List and Tariff Rates for Tariff Quota Application

Attached hereto is the List of Goods and Tariff Rates for the application of tariff quotas for imported goods (regardless of the origin of the goods).

Article 2. Quantity of Tariff Quotas and Applicable Tariff Rates

- Annual import quota quantity as prescribed by the Ministry of Industry and Trade.

- Imported goods exceeding the annual import quota quantity shall be subject to the import tariff rates stipulated in this Circular.

- Imported goods within the annual import quota quantity shall be subject to the import tariff rates specified in the current Preferential Import Tariff Schedule or apply the special preferential import tariff rate that Vietnam has committed to (if the conditions for enjoying such preferential import tariff rate are met).

Article 3.Effectiveness

1. This Circular shall take effect and apply to customs declarations for imported goods registered with customs authorities forty-five days from the date of signature.

2. In cases where international treaties to which Vietnam is a party provide different provisions on import tariffs than those stipulated in this Circular, the provisions of such international treaties shall apply.

3. Abolish Decisions No. 77/2006/QĐ-BTC dated December 29, 2006 and Decision No. 46/2007/QĐ-BTC dated June 6, 2007 of the Ministry of Finance regarding the issuance of the List of Goods and Import Tariff Rates for the application of tariff quotas./.