Decree No. 84/2023/NĐ-CP amends and supplements certain articles of Decree No. 129/2022/NĐ-CP on the Special Preferential Tariff Schedule to implement the Regional Comprehensive Economic Partnership Agreement (RCEP) for the period 2022-2027. This document adjusts the application time and adds Myanmar and the Philippines to the Tariff Schedule.
Scope of application
Import enterprises from the Union of Myanmar and the Republic of the Philippines; customs authorities
Key points
- Enterprises importing goods from Myanmar enjoy the RCEP tariff rate from March 4, 2022, to the end of 2022 (Point a Clause 3 Article 3).
- Enterprises importing goods from Myanmar and the Philippines enjoy the RCEP tariff rate during the period specified in Point b Clause 3 Article 3.
- Customs authorities shall process excess tax payments to enterprises if they meet the conditions stipulated in this Decree (Article 2).
- The Special Preferential Tariff Schedule applicable to Myanmar and the Philippines is supplemented in Point n, o Clause 2 Article 4.
- This Decree takes effect from the date of issuance.
🌐 Social impact of this document
- Enterprises importing goods from Myanmar and the Philippines will benefit from reduced tariff rates under RCEP.
- Customs authorities must adjust their tax processing procedures to comply with this Decree, thereby increasing administrative workload.
- Consumers may benefit from cheaper imported goods due to lower tariff rates.
- Enterprises that fail to meet the conditions for enjoying preferential tariffs will bear higher import costs.
❓ Frequently asked questions
When does this Decree take effect?
Decree No. 84/2023/NĐ-CP takes effect from the date of issuance (December 1, 2023).
What period do enterprises importing goods from Myanmar enjoy preferential tariff rates under RCEP?
Enterprises importing goods from Myanmar enjoy preferential tariff rates under RCEP from March 4, 2022, to the end of 2022.
How do customs authorities handle excess tax payments?
If an enterprise has paid taxes at a higher rate and meets the conditions to enjoy preferential tariff rates under RCEP, the customs authority will handle excess tax payments according to the laws on tax administration.
Which countries does this Decree supplement into the Tariff Schedule?
This Decree supplements the Union of Myanmar and the Republic of the Philippines into the Special Preferential Tariff Schedule.
What period do enterprises importing goods from the Philippines enjoy preferential tariff rates under RCEP?
Enterprises importing goods from the Philippines enjoy preferential tariff rates under RCEP from June 2, 2023, to the end of 2023.
Full text
Amending and supplementing some articles of Decree No. 129/2022/ND-CP dated December 30, 2022, promulgating the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (RCEP) for the period 2022-2027 The Government hereby issues this Decree to amend and supplement some articles of Decree No. 129/2022/ND-CP dated December 30, 2022, promulgating the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (RCEP) for the period 2022-2027. On the basis of the Law on Government Organization dated June 19, 2015; the Law amending and supplementing certain articles of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;
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On the basis of the Law on Export Tax and Import Tax dated April 6, 2016;
To implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership which became effective from January 1, 2022; effective with the Union of Myanmar from March 4, 2022; effective with the Republic of the Philippines from June 2, 2023;
Pursuant to the Customs Law dated June 23, 2014;
Pursuant to the Law on Treaties dated April 9, 2016;
Pursuant to the Law on Tax Administration dated June 13, 2019;
The Government promulgates this Decree to amend and supplement some articles of Decree No. 129/2022/ND-CP dated December 30, 2022, promulgating the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (RCEP) for the period 2022-2027.
At the proposal of the Minister of Finance;
Article 1. Supplementing some articles of Decree No. 129/2022/ND-CP dated December 30, 2022, promulgating the Special Preferential Import Tariff Schedule of Vietnam for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (RCEP) for the period 2022-2027
1. Supplementing the end of Point a of Clause 3, Article 3 as follows:
"from March 4, 2022 to December 31, 2022 for the Union of Myanmar;"
2. Supplementing the end of Point b of Clause 3, Article 3 as follows:
"from January 1, 2023 to December 31, 2023 for the Union of Myanmar; from June 2, 2023 to December 31, 2023 for the Republic of the Philippines;"
3. Supplementing Points n and o after Point m of Clause 2, Article 4 as follows:
"n) the Union of Myanmar;
o) the Republic of the Philippines."
2. For goods imported from the Union of Myanmar and registered for import customs declaration from March 4, 2022, and for goods imported from the Republic of the Philippines and registered for import customs declaration from June 2, 2023 until before the date this Decree takes effect, if they meet the conditions to enjoy the RCEP tariff rate as stipulated in this Decree and Decree No. 129/2022/ND-CP dated December 30, 2022, and if they have already paid tax at a higher rate, then the customs authority shall handle the excess tax paid according to the provisions of the law on tax administration.
Article 2. Effective Date
1. This Decree takes effect from the date of issuance.
Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree.
Article 3. Responsibility for Implementation
- Ministries, ministerial-level agencies, governmental agencies;
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Place of Receipt: |
PRIME MINISTER |
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