Circular No. 77/2010/TT-BTC on the issuance of the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area (AKFTA) during the period 2010-2011

Article 1. Attached to this Circular is the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the ASEAN-Korea Free Trade Area during the period 2010-2011 (referred to as AKFTA tariff rates).

Where:

+ Column "HS Code": based on the Harmonized System 2007, AHTN 2007, and classified at the 10-digit level;

+ Column "AKFTA Tariff Rate": the applicable tariff rate for each year, from January 1 to December 31 of that year;

+ Column "Non-Eligible Countries": goods imported from countries that may have country name indicators (as specified in point (b) of Article 2 of this Circular) are not subject to AKFTA tariff rates;

+ Column "GIC": goods produced in the Kaesong Industrial Complex located in North Korea's territory shall be subject to AKFTA tariff rates as provided for in Article 3 of this Circular.

Article 2. Imported goods must meet the following conditions to be eligible for AKFTA tariff rates:

a) They must belong to the special preferential import tariff schedule issued with this Circular.

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

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

d) They must comply with the ASEAN-Korea origin rules and have 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 Kingdom of Thailand, the Ministry of Commerce;

- 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 in North Korea's territory (GIC goods) to be eligible for AKFTA tariff rates of Vietnam must meet the following conditions:

a) They must be listed in column (6) of this tariff schedule with the "GIC" indicator.

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 according to the regulations of the Ministry of Industry and Trade.

d) They must comply with the ASEAN-Korea origin rules for goods applying Rule 6 - AKFTA as stipulated in Appendix IV of the AKFTA Origin Regulations issued with Circular No. 17/2009/TT-BCT dated June 29, 2009 of the Minister of Industry and Trade and subsequent amendments.

Article 4. This Circular takes effect 45 days from the date of signature; it revokes Decision No. 112/2008/QĐ-BTC dated December 1, 2008 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 during the period 2009-2011./.