Decision No. 20/2008/QD-BTC On Issuing the Special Preferential Import Tariff Schedule of Vietnam for Implementing the ASEAN-China Free Trade Area

Pursuant to …;

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

to implement the ASEAN-China Free Trade Area

_____________

THE MINISTER OF FINANCE

Pursuant to the Law on Export Duties and Import Duties number 45/2005/QH11dated June 14, 2005;Decree number 77/2003/NĐ-CP

Pursuant to Decree No.dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;Decree number 149/2005/NĐ-CP

Pursuant to Decree No.dated December 8, 2005 of the Government detailing the implementation of the Law on Export Duties and Import Duties;Pursuant to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China signed on November 4, 2002 in Cambodia, approved by the President of the Socialist Republic of Vietnam at Decision number 890/2003/QĐ-CTN

Pursuant to the Goods Trade Agreement under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People's Republic of China (referred to in this Decision as the ASEAN-China Goods Trade Agreement), signed on November 29, 2004 in Laos and the Memorandum of Understanding between Vietnam and China on certain issues in the ASEAN-China Goods Trade Agreement, signed on July 18, 2005 in China, approved by the Prime Minister at Decision number 257/2005/QĐ-TTgdated October 19, 2005;dated November 26, 2003;

Pursuant to the guidance of the Prime Minister in Circular number 325/VPCP-KTTH dated January 15, 2008 of the Office of the Government;The Special Preferential Import Tariff Schedule of Vietnam accompanying this Decision is hereby issued to implement the ASEAN-China Free Trade Area, applicable to import declarations registered with customs authorities from January 1, 2008.Imported goods to be eligible for the special preferential tariff rate of Vietnam to implement the ASEAN-China Free Trade Area (hereinafter referred to as the ACFTA rate) must satisfy the following conditions:

a) They must be listed in the Special Preferential Import Tariff Schedule issued together with this Decision.

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

DECISION:

Article 1.b) They must be imported into Vietnam from the following countries:

Article 2.Republic of Indonesia

Lao People's Democratic Republic

Malaysia

- In Brunei Darussalam, the Ministry of Foreign Affairs and Trade;

- In the Kingdom of Cambodia, the Ministry of Commerce;

- In the Republic of Indonesia, the Ministry of Trade;

- In the Lao People's Democratic Republic, the Ministry of Industry and Commerce;

- In Malaysia, the Ministry of International Trade and Industry;

- In the Union of Myanmar, the Ministry of Commerce;

- In the Republic of the Philippines, the Department of Finance;

- In the Republic of Singapore, the Customs Authority;

- In the Kingdom of Thailand, the Ministry of Commerce; and

- In the People's Republic of China (China), the General Administration of Quality Supervision, Inspection and Quarantine.

Article 3

Goods listed in import declarations registered with customs authorities from January 1, 2008 until the date this Decision comes into effect, if they meet the conditions for applying the rates specified in this Decision but have already been taxed at higher rates, may submit the C/O Model E and other relevant documents to recalculate the import duties payable and refund the overpaid import duties in accordance with this Decision.

The application for refund of import duties includes:

a) A letter requesting a refund of taxes paid, specifying the type of goods, the amount of tax, the reasons for requesting a refund, and the customs declaration. If there are multiple types of goods covered by different customs declarations, all relevant customs declarations must be listed; a commitment to accurately declare and provide the correct documents for the refund application (one original copy);.b) The customs declaration for imported goods that has been processed (one photocopied copy and the original copy for verification);

c) The Certificate of Origin for ASEAN-China Goods (C/O Model E) as stipulated in point (d) of Article 2 of this Decision (original copy);

d) Proof of payment of import duties (one photocopied copy and the original copy for verification);

e) The import contract (one photocopied copy and the original copy for verification);

f) The agency agreement, if it is an agency import (one photocopied copy and the original copy for verification);

g) An itemized list of documents in the refund application file.

The deadline for submitting the application for refund of import duties is no later than October 15, 2008.

Local Customs Departments are responsible for receiving applications for review and processing refunds of import duties, and handling the refunded tax amounts according to the guidelines set out in point 5, Section IV, Part E of Circular number 59/2007/TT-BTC dated June 14, 2007 of the Ministry of Finance and other current regulations.

Article 4

This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision number 26/2007/QĐ-BTC dated April 16, 2007 of the Minister of Finance on the issuance of the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN-China Free Trade Area.

Article 5

Ministers of Ministries, Heads of agencies equivalent to Ministries, Heads of government agencies, Chairmen of Provincial People's Committees directly under the Central Government shall coordinate to guide the implementation of this Decision./.This Decision shall take effect fifteen days after its publication in the Official Gazette and shall replace Decision No. 26/2007/QĐ-BTC dated April 16, 2007 of the Minister of Finance on the issuance of the Special Preferential Tariff Schedule of Vietnam for the implementation of the ASEAN-China Free Trade Area.

Article 5.The Ministers of the ministries, the Heads of ministerial-level agencies, the Heads of government agencies, and the Chairpersons of the People's Committees of provinces and centrally governed cities shall coordinate to guide the implementation of this Decision./.