Decree No. 24/2017/NĐ-CP stipulates the preferential tariff rates for special import duties to implement the Bilateral Trade Facilitation Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia in 2016.

DECREE

Specifies the preferential import tariff rateto implement the Bilateral Trade Promotion Agreement between the Government of the Socialist Republic of Vietnamand the Royal Government of Cambodia in 2016

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Export Duties and Import Duties dated April 6, 2016;

Pursuant to the Law on Treaties dated April 9, 2016;

Based on the Bilateral Trade Promotion Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia dated October 26, 2016;

At the proposal of the Minister of Finance;

The Government issues this Decree specifying the preferential import tariff rate to implement the Bilateral Trade Promotion Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia in 2016.

 Article 1. Scope of Regulation

This Decree specifies the preferential import tariff rate to implement the Bilateral Trade Promotion Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on October 26, 2016 (hereinafter referred to as the Vietnam-Cambodia Agreement 2016) and the conditions for enjoying the preferential import tariff rate under the Vietnam-Cambodia Agreement 2016.

Article 2. Applicability

1. Taxpayers as prescribed by the Law on Export Duties and Import Duties.

2. Customs authorities, customs officers.

3. Organizations and individuals having rights and obligations related to imported goods originating from the Kingdom of Cambodia.

Article 3. List of imported goods eligible for a 0% tariff rate; List of imported goods under tariff quotas originating from the Kingdom of Cambodia and List of pairs of border gates permitted to clear goods according to the Vietnam-Cambodia Agreement 2016

Announced together with this Decree:

1. Appendix I - List of goods originating from the Kingdom of Cambodia imported into Vietnam eligible for a special preferential import tariff rate of 0%.

2. Appendix II - List of imported goods under tariff quotas originating from the Kingdom of Cambodia.

3. Appendix III - List of pairs of border gates permitted to clear goods according to the Vietnam-Cambodia Agreement 2016.

Article 4. Conditions for applying the special preferential import tariff rate of 0%

Imported goods originating from the Kingdom of Cambodia listed in the list of goods specified in Appendix I issued together with this Decree must meet the following conditions to be eligible for a special preferential import tariff rate of 0%:

1. Possess a Certificate of Origin Form S (C/O form S) issued by the competent authority of the Kingdom of Cambodia.

2. Clear through the border gates listed in Appendix III issued together with this Decree.

Rice and dried tobacco leaves are separately subject to the special preferential import tariff rate of 0% as provided for in Article 5 of this Decree.

Article 5. Import quota for rice and dried tobacco leaves under the Vietnam-Cambodia Agreement 2016

1. Rice and dried tobacco leaves listed in Appendix I, meeting the conditions stipulated in Clause 1 and Clause 2 of Article 4 of this Decree and the regulations of the Ministry of Industry and Trade regarding import under tariff quotas in 2016 and 2017, shall enjoy a special preferential import tariff rate of 0% within the quantity of the import quota specified in Appendix II issued together with this Decree.

2. For rice: In case rice is imported beyond the quantity of the quota specified in Appendix II issued together with this Decree (referred to as over-quota imports), the quantity of over-quota imports shall apply the special preferential import tariff rate ATIGA (if meeting the conditions stipulated in Decree No. 129/2016/NĐ-CP dated September 1, 2016 of the Government on the Special Preferential Import Tariff Schedule of Vietnam to implement the ASEAN Trade in Goods Agreement for the period 2016-2018) or the preferential import tariff rate (referred to as MFN rate) stipulated in Decree No. 122/2016/NĐ-CP dated September 1, 2016 of the Government on the Export Tariff Schedule, the Preferential Import Tariff Schedule, the List of Goods and the Rates of Absolute Duty, Compound Duty, and Import Duty outside Quotas (hereinafter referred to as Decree No. 122/2016/NĐ-CP).

3. For dried tobacco leaves:

a) In case the quantity of dried tobacco leaves imported exceeds the quantity of the quota specified in Appendix II issued together with this Decree but still falls within the total national quota and meets the conditions stipulated in the legal regulatory documents of Vietnam on tariff quotas, the quantity of over-quota imports shall apply the MFN rate stipulated in Decree No. 122/2016/NĐ-CP.

b) In case the quantity of over-quota imports mentioned in point a of this clause exceeds the total national quota, the import duty outside quotas for dried tobacco leaves shall be applied according to the provisions of Decree No. 122/2016/NĐ-CP.

Article 6. Agricultural products

1. Unprocessed agricultural products (including rice and dry tobacco leaves) supported by Vietnamese enterprises for investment and cultivation in Cambodia, when imported to Vietnam, shall be subject to the current laws on export tax and import tax. The quantity of unprocessed rice and dry tobacco leaves mentioned in this clause shall not be counted towards the quota specified in Appendix II issued together with this Decree.

2. For agricultural products (including all types of rice and dry tobacco leaves) originating from Cambodia, imported by Vietnamese enterprises into Vietnam for re-export to other markets, shall be carried out under the temporary importation for re-export mechanism of the Socialist Republic of Vietnam Government and regional and international agreements to which both parties have signed. The quantity of rice and dry tobacco leaves mentioned in this clause, imported for re-export or for production and processing for export, shall not be counted towards the quota specified in Appendix II issued together with this Decree.

Article 7. Implementation Organization

1. This Decree takes effect from the date of signature until December 31, 2017.

2. For customs declarations of goods listed in Appendix I issued together with this Decree registered from October 26, 2016 to before the effective date of this Decree, if they meet the conditions to enjoy the preferential tariff rate specified in this Decree and have paid taxes at a higher rate, then the tax authority shall handle the excess tax paid according to the current laws.

3. During implementation, if related documents referred to in this Decree are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacement documents.

4. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.