Decision No. 21/2008/QD-BTC on the issuance of the preferential import tariff schedule for special treatment of Vietnam to implement the ASEAN-Korea Free Trade Area

Pursuant to …;

Regarding the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area

________________

THE MINISTER OF FINANCE

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

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and Korea signed on December 13, 2005 in Malaysia, which was approved by the President of the Socialist Republic of Vietnam on April 12, 2006;

Pursuant to the Goods Trade Agreement under the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the Republic of Korea (hereinafter referred to as the ASEAN-Korea Goods Trade Agreement), signed on December 13, 2005 in Malaysia and August 24, 2006 in the Philippines;

Pursuant to the guidance of the Prime Minister in Circular No. 325/VPCP-KTTH dated January 15, 2008 of the Government Office; According to the proposal of the Director of the International Cooperation Department,

DECISION:

Article 1. This Decision hereby promulgates the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area, applicable to import declarations submitted to customs authorities from January 1, 2008.

Article 2. Imported goods must meet the following conditions to be eligible for the special preferential import tariff rate of Vietnam for the implementation of the ASEAN-Korea Free Trade Area (hereinafter referred to as the AKFTA rate):

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

b) They must be imported from the following countries:

For goods imported from countries whose names are indicated in column (4) of this Tariff Schedule (the "non-beneficiary country" column), the AKFTA rate shall not apply. The addition or modification of country names in column (4) shall be carried out according to the notification issued by the Ministry of Finance.

c) They must be directly transported from the exporting country specified in point (b) of this Article to Vietnam, in accordance with the regulations of the Ministry of Industry and Trade.

d) They must satisfy the ASEAN-Korea origin requirements, confirmed by an ASEAN-Korea Certificate of Origin (C/O - Form AK) issued by the following authorities:

- 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 Republic of Korea (South Korea), the Chamber of Commerce and Industry or the Customs Authority.

Article 3. Goods produced in the Kaesong Industrial Complex located within the territory of North Korea (GIC goods) to be eligible for the AKFTA rate of Vietnam must meet the following conditions:

a) They must be listed in column (5) of this Tariff Schedule (the "GIC goods" column).

b) They must be imported and directly transported from South Korea to Vietnam in accordance with the regulations of the Ministry of Industry and Trade.

c) They must have a C/O - Form AK with "Rule 6" printed in box number 8, issued by the authorized authority of South Korea in accordance with the regulations of the Ministry of Industry and Trade.

d) They must satisfy the ASEAN-Korea origin requirements for goods applying Rule 6 - AKFTA as stipulated in Appendix IV of the AKFTA Origin Regulation issued with Decision No. 02/2007/QĐ-BTM dated January 8, 2007 of the Minister of Trade (now the Ministry of Industry and Trade) and subsequent amendments.

Article 4. Goods declared in import customs declarations submitted to customs authorities from January 1, 2008 until the effective date of this Decision, if they meet the conditions to apply the tariff rates set forth in this Decision but were previously taxed at higher rates, may submit a C/O - Form AK and other relevant documents to recalculate the import duties payable and refund the excess import duties paid in accordance with this Decision.

The application dossier for import duty refunds 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 declared on different customs declarations, all customs declarations requesting a refund must be listed; a commitment to accurately declare and provide the correct application dossier (one original copy);

b) The customs declaration for imported goods that has been processed (one photocopy and the original for verification);

c) The Certificate of Origin for imported goods, C/O - Form E, as stipulated in point (d) of Article 2 of this Decision (original);

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

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

f) The agency contract, if it is an agency import (one photocopy and the original for verification);

g) A list of documents in the application dossier for a refund of import duties.

The deadline for submitting the application dossier for import duty refunds shall not be later than October 15, 2008.

Local Customs Departments are responsible for receiving the application dossier for inspection and consideration of import duty refunds, and handling the refunded tax amounts in accordance with the guidelines in point 5, Section IV, Part E of Circular No. 59/2007/TT-BTC dated June 14, 2007 of the Ministry of Finance and other current regulations.

Article 5. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 41/2007/QĐ-BTC dated May 31, 2007 of the Minister of Finance regarding the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area.

Article 6. Ministers of Ministries, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of Provincial People's Committees, and Chairmen of Municipal People's Committees directly under the Central Government are responsible for coordinating the implementation of this Decision./.