Decision No. 41/2007/QD-BTC on the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area (AKFTA)

Pursuant to …;

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

to implement 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/ND-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/ND-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Tax and Import Tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and Korea, 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 Trade Agreement), signed on December 13, 2005 in Kuala Lumpur, Malaysia and on May 16, 2006 in Manila, Philippines;

Pursuant to the guidance of the Prime Minister in Circular No. 1743/TTg-QHQT dated October 30, 2006.

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

Pursuant to …;

Article 1. The Special Preferential Import Tariff Schedule of Vietnam for implementing the ASEAN-Korea Free Trade Area is hereby issued together with this Decision.

Article 2. Imported goods must meet the following conditions to be eligible for the special preferential import tariff rate of Vietnam for implementing 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 together 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. Any additions or modifications to the names of countries in column (4) shall be made 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 Trade.

d) They must satisfy the ASEAN-Korea Origin Criteria, confirmed by a Certificate of Origin (ASEAN-Korea Certificate of Origin, abbreviated as 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 Trade.

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

d) They must satisfy the ASEAN-Korea Origin Criteria for goods applying Rule 6 - AKFTA as stipulated in Appendix IV of the AKFTA Origin Regulations issued together with Decision No. 02/2007/QD-BTM dated January 8, 2007 of the Minister of Trade.

Article 4. This Decision shall take effect fifteen days after its publication in the Official Gazette and shall apply to customs declarations for imported goods registered with customs authorities from the date the Decision takes effect.

Article 5. Ministers of Ministries, Heads of agencies equivalent to Ministries, Heads of government agencies, Chairpersons of Provincial People's Committees, and Chairpersons of Municipal People's Committees directly under the Central Government shall coordinate to enforce this Decision.