Decree No. 118/2022/ND-CP

DECREE

ON THE SPECIAL PREFERENTIAL IMPORT TARIFF OF VIETNAM FOR THE IMPLEMENTATION OF THE ASEAN - CHINA TRADE IN GOODS AGREEMENT FOR THE 2022 - 2027 PERIOD

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Export and Import Duties dated April 6, 2016;

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

Pursuant to the Law on Treaties dated April 9, 2016;

In order to implement the ASEAN - China Trade in Goods Agreement, effective from October 19, 2005;

At the proposal of the Minister of Finance;

The Government promulgates this Decree on the Special Preferential Import Tariff of Vietnam for the implementation of the ASEAN - China Trade in Goods Agreement for the 2022 - 2027 period.

Article 1. Scope of regulation

This Decree provides for the special preferential import duty rates of Vietnam for the implementation of the ASEAN - China Trade in Goods Agreement for the 2022 - 2027 period, and the conditions for eligibility for the special preferential import duty rates under this Agreement.

Article 2. Subjects of application

1. Taxpayers as prescribed by the Law on Export and Import Duties.

2. Customs authorities and customs officers.

3. Organizations and individuals having rights and obligations related to exported and imported goods.

Article 3. Special preferential import tariff

1. Promulgated together with this Decree is the Special Preferential Import Tariff of Vietnam for the implementation of the ASEAN - China Trade in Goods Agreement for the 2022 - 2027 period (the special preferential import duty rates applied hereinafter referred to as ACFTA rates).

2. The "Commodity code" column and the "Description of goods" column in the Special Preferential Import Tariff promulgated together with this Decree are formulated on the basis of Vietnam's List of Exported and Imported Goods and detailed at the 8-digit or 10-digit code level.

In case Vietnam's List of Exported and Imported Goods is amended or supplemented, the customs declarant shall declare the description and commodity code according to the amended or supplemented List of Exported and Imported Goods and apply the duty rate of the amended or supplemented commodity code specified in the Special Preferential Import Tariff promulgated together with this Decree.

3. The "ACFTA rate (%)" column: The duty rate applicable from December 30, 2022 to December 31, 2027.

4. The symbol "*": Imported goods not eligible for the ACFTA rate at the corresponding time.

5. The "Countries not eligible for preferential treatment" column: Goods imported from a country bearing the country symbol (specified in Clause 2, Article 4 of this Decree) are not entitled to the ACFTA rate provided in this Decree.

6. For imported goods subject to tariff quotas, comprising certain items under headings 04.07, 17.01, 24.01, 25.01, the in-quota special preferential import duty rate is the rate specified in the Special Preferential Import Tariff promulgated together with this Decree; the list and annual import tariff quota quantities shall comply with the regulations of the Ministry of Industry and Trade, and the out-of-quota import duty rate shall apply according to the Export Tariff, the Preferential Import Tariff, the List of goods and the absolute duty rates, mixed duties, and out-of-quota import duties issued by the Government at the time of importation.

Article 4. Conditions for application of the special preferential import duty rate

Imported goods eligible for the ACFTA rate must fully satisfy the following conditions:

1. Being included in the Special Preferential Import Tariff promulgated together with this Decree.

2. Being imported from countries that are members of the ASEAN - China Trade in Goods Agreement, comprising the following countries and territories:

a) Brunei Darussalam, symbol BN;

b) The Kingdom of Cambodia, symbol KH;

c) The Republic of Indonesia, symbol ID;

d) The Lao People's Democratic Republic, symbol LA;

dd) Malaysia, symbol MY;

e) The Republic of the Union of Myanmar, symbol MM;

g) The Republic of the Philippines, symbol PH;

h) The Republic of Singapore, symbol SG;

i) The Kingdom of Thailand, symbol TH;

k) The People's Republic of China, symbol CN;

3. Satisfying the regulations on origin of goods (including the regulations on direct transport) and having a Certificate of Origin (C/O) form E or documents certifying the origin of goods in accordance with the ASEAN - China Trade in Goods Agreement and current provisions of law.

Article 5. Goods from non-tariff zones of Vietnam

Goods from non-tariff zones of Vietnam imported into the domestic market are eligible for the special preferential import duty rate under the ACFTA Agreement provided they fully satisfy the conditions specified in Clause 1 and Clause 3, Article 4 of this Decree.

Article 6. Effect

1. This Decree takes effect from the date of its signing.

2. Decree No. 153/2017/ND-CP dated December 27, 2017 of the Government promulgating the Special Preferential Import Tariff of Vietnam for the implementation of the ASEAN - China Trade in Goods Agreement for the 2018 - 2022 period ceases to be effective from the effective date of this Decree.

Article 7. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of the People's Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for implementing this Decree.