Decision No. 60/2005/QD-BTC on import tariff rates for goods imported from Laos with Laos origin

DECISION OF THE MINISTER OF FINANCE

Regarding the import tariff rate for goods

imported from Laos with origin in Laos

THE MINISTER OF FINANCE

Pursuant to the Law on Export Tax and Import Tax and the Laws amending and supplementing the Law on Export Tax and Import Tax;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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

Pursuant to the guidance of the Prime Minister in Circular No. 4672/VPCP-QHQT dated August 19, 2005 of the Government Office; The agreement between the Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of Trade of the Lao People's Democratic Republic on goods enjoying preferential tariff rates under the Vietnam-Laos Preferential Agreement;

At the request of the Director of the Tax Policy Department;

DECISION:

Article 1. Annexed hereto are two Schedules:

1. Schedule I: A list of goods subject to a reduction of 50% of the special preferential tariff rate specified in the List of Goods and Tariff Rates of Vietnam to implement the Agreement on Preferential Tariffs (CEPT) of the Association of Southeast Asian Nations (ASEAN) for the years 2003-2006 promulgated by Decree No. 78/2003/ND-CP dated July 1, 2003 of the Government and subsequent Decrees amending and supplementing it. For goods not included in the CEPT List, apply a reduction of 50% of the Most-Favored-Nation (MFN) preferential tariff rate specified in Decision No. 110/2003/QD-BTC dated July 25, 2003 on the issuance of the Import Tariff Rate Preferential List and subsequent Decisions amending and supplementing it.

For goods listed in Schedule I, if the CEPT tariff rate is higher than the MFN tariff rate specified in the current Import Tariff Rate Preferential List, apply a reduction of 50% based on the MFN tariff rate.

2. List II: A list of goods not eligible for preferential import tariff rates under the Vietnam-Laos Preferential Program.

Article 2. Imported goods originating from the Lao People's Democratic Republic that are not included in the two Schedules mentioned in Article 1 of this Decision shall be subject to a zero percent (0%) import tariff rate.

Article 3. Goods subject to the import tariff rates specified in Section 1, Article 1 and Article 2 above must meet the following conditions:

- Originating (Certificate of Origin) from the Lao People's Democratic Republic (in accordance with the Regulations issued by Decision No. 0865/QD-BTM dated June 29, 2004 of the Ministry of Trade on issuing certificates of export goods and supplementary guiding documents);

- Cleared through the border gates specified in the Agreement between the Ministry of Trade of the Socialist Republic of Vietnam and the Ministry of Trade of the Lao People's Democratic Republic (annexed as Appendix I).

For goods subject to quota tariffs (as specified in Appendix II), in addition to meeting the aforementioned conditions, they must also fall within the quota as directed by the Ministry of Trade. In case of imports exceeding the quota amount, apply a reduction of 50% as stipulated in Article 1 for goods in Schedule I or the MFN tariff rate for other goods subject to quota tariffs.

Article 4. This Decision takes effect 15 days after its publication in the Official Gazette and applies to import declarations registered with customs authorities from September 1, 2005./.