DECREE

VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF SCHEDULE FOR IMPLEMENTATION OF THE ASEAN - KOREA TRADE IN GOODS AGREEMENT IN 2022 - 2027 PERIOD

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on Export and Import Duties dated April 06, 2016;

Pursuant to the Law on Customs dated June 23, 2014;

Pursuant to the Law on Treaties dated April 09, 2016;

In furtherance of the ASEAN - Korea Trade In Goods Agreement becoming effective from June 01, 2007;

At the request of the Minister of Finance of Vietnam;

...

...

...

Article 1. Scope

This Decree deals with Vietnam’s special preferential import duty rates for implementing the ASEAN - Korea Trade In Goods Agreement within the ASEAN - Korea Framework Agreement on Comprehensive Economic Cooperation in the 2022 - 2027 period and conditions for grant of such special preferential import duty rates under this Agreement.

Article 2. Regulated entities

1. Taxpayers as defined in the Law on Export and Import Duties.

2. Customs authorities and customs officials.

3. Organizations and individuals that have rights and obligations related to imports and exports.

Article 3. Special preferential import tariff schedule

1. Promulgated together with this Decree is the Vietnam’s special preferential import tariff schedule for implementing the ASEAN - Korea Trade In Goods Agreement in the 2022 – 2027 period (special preferential import duty rates are hereinafter referred to as “AKFTA rates”).

2. The columns “Code" and “Description” in the Vietnam’s special preferential import tariff schedule promulgated together with this Decree are compiled according to Vietnam’s nomenclature of exports and imports and classified by 8-digit or 10-digit codes.

...

...

...

3. The column “AKFTA rate (%)” means the tariff rate applied in each year, commencing December 30, 2022 to December 31, 2027 inclusive.

4. The symbol “*” means that the imports are not eligible for AKFTA rates at the corresponding time.

5. The column “Ineligible countries” means that the goods imported from any countries marked with the symbol specified in clause 2 Article 4 of this Decree shall not be eligible for the AKFTA rates specified in this Decree.

6. The column “GIC” means that the goods made in Gaeseong Industrial Complex in the North Korea will apply AKFTA tariff rates as prescribed in Article 6 hereof.

7. With regard to imports subject to tariff-rate quotas, including goods of headings 04.07, 17.01, 24.01, 25.01, the in-quota special preferential import tariff rates are the tariff rates specified in the Special preferential import tariff schedule promulgated together with this Decree. The list of imports subject to tariff-rate quotas and annual import quotas thereof are stipulated by the Ministry of Industry and Trade and the out-of-quota tariff rates shall comply with the regulations enshrined in the Government's export tariff and import tariff schedules, and lists of commodities, specific, compound and out-of-quota import tariff rates in force at the time of import.

Article 4. Conditions for grant of special preferential import duty rates

Imports must meet the following requirements to be eligible for the AKFTA rates if:

1. They are included in the special preferential import tariff schedule enclosed herewith.

2. They are imported to Vietnam from member states of the ASEAN - Korea Trade In Goods Agreement, including:

...

...

...

b) Kingdom of Cambodia, coded KH;

c) Republic of Indonesia, coded ID;

d) Lao People's Democratic Republic, coded LA;

dd) Malaysia, coded MY;

e) Republic of the Union of Myanmar, coded MM; 

g) Republic of the Philippines, coded PH;

h) Republic of Singapore, coded SG;

i) Kingdom of Thailand, coded TH;

k) Republic of Korea, coded KR;

...

...

...

Article 5. Goods from Vietnam’s non-tariff areas

Goods from Vietnam’s non-tariff areas imported into the domestic market will be eligible for the special preferential import tariff rates under AKFTA if they meet all conditions set out in clauses 1 and 3 Article 4 of this Decree.

Article 6. Goods made in Gaeseong Industrial Complex in the North Korea

Goods made in Gaeseong Industrial Complex in the North Korea (GIC goods) will be eligible for AKFTA tariff rates if they:

1. Are coded “GIC” in the column “GIC” of the Tariff Schedule enclosed herewith.

2. Are imported from Korea to Vietnam.

3. Adhere to the rules of origin for goods (including the regulations on direct consignment) and are accompanied by the Certificate of Origin (C/O) - Form AK bearing the endorsement of the words “Rule 6” in the box 8 issued by the Korea’s authority competent to issue C/O - Form AK or the proof of origin in accordance with the ASEAN - Korea Trade In Goods Agreement with regard to the goods applying Rule 6 – AKFTA and prevailing regulations of law.

Article 7. Effect

1. This Decree comes into force from the date on which it is signed for promulgation.

...

...

...

Article 8. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree.

BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai