Quyết định 41/2007/QD-BTC

DECISION

PROMULGATING VIETNAM’S PARTICULARLY PREFERENTIAL IMPORT TABLE OF RATES FOR IMPLEMENTATION OF ASEAN-KOREA FREE TRADE AREA

THE MINISTER OF FINANCE

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;           
Pursuant to the Government’s Decree No. 149/2005/ND-CP of December 8, 2005, detailing the implementation of June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;
Pursuant to the Framework Agreement on ASEAN-Korea Comprehensive Economic Cooperation ratified by the President of the Socialist Republic of Vietnam on April 12, 2006;
Pursuant to Agreement on Trade in Goods under the Framework Agreement on ASEAN-Korea Comprehensive Economic Cooperation (below referred as to ASEAN-Korea Agreement on Trade in Goods for short), signed on December 13, 2005, in Kuala Lumpur, Malaysia; and on May 16, 2006, in Manila, the Republic of the Philippines;
In furtherance of the Prime Minister’s instructions in Official Letter No. 1743/TTg-QHQT of October 30, 2006;
At the proposal of the director of the International Cooperation Department,

DECIDES:

Article 1.- To promulgate together with this Decision Vietnam’s Particularly Preferential Import Table of rates for implementation of ASEAN-Korea Free Trade Area.

Article 2.- To be eligible for Vietnam’s particularly preferential duty rates for implementation of ASEAN-Korea Free Trade Area (referred as to AKFTA for short), imported goods must satisfy the following conditions:

 a/ Being on the Particularly Preferential Import Table of rates promulgated together with this Decision.

b/ Being imported from the following countries into Vietnam:

AKFTA duty rates are not applicable to imported goods from a country having its country name code at Colum (4) of this Tariff (Column “Countries ineligible for preferential duty rates”). Amendment and supplementation of country names at Column (4) shall be notified in writing by the Finance Ministry.

c/ Being transported directly from a country of exportation defined at Point (b) of this Article to Vietnam according to the Trade Ministry’s regulations.

d/ Satisfying ASEAN-Korea origin requirements, as evidenced by ASEAN-Korea certificates of origin (referred as to C/O- Form AK for short) granted by one of the following agencies:

- The Ministry of Foreign Affairs and Foreign Trade, in Brunei Darussalam;

- The Ministry of Trade, in the Kingdom of Cambodia;

- The Ministry of Trade, in the Republic of Indonesia;

- The Ministry of Industry and Trade, in the People’s Republic of Laos;

- The Ministry of Foreign Affair and Industry, in Malaysia;

- The Ministry of Trade, in the Union of Myanmar;

- The Ministry of Finance, in the Republic of Philippines;

- The Customs Department, in the Republic of Singapore;

- The Chamber of Commerce and Industry or Customs Department, in the Republic of Korea.

Article 3.- To be eligible for Vietnam’s AKFTA import duty rates, goods produced in Khai Thanh industrial park in North Korea (GIC goods) must satisfy the following conditions:

a/ Being marked with code “GIC”, at Colum (5) of this Tariff (Column “GIC goods”).

b/ Being imported and transported directly from the Republic of Korea to Vietnam according to the Trade Ministry’s regulations.

c/ Having C/O- Form AK, with “Rule 6”, printed in box No. 8, granted by a competent agency of the Republic of Korea according to the Trade Ministry’s regulations.

d/ Satisfying ASEAN-Korea origin requirements for goods eligible for Rule 6-AKFTA specified in Annex IV to the AKFTA origin rules promulgated together with the Trade Minister’s Decision No. 02/2007/QD-BTM of January 8, 2007.

Article 4.- This Decision takes effect 15 days after its publication in “CONG BAO” and applies to customs declarations of imported goods registered with customs offices from its effective date.

Article 5.- Ministers, heads of ministerial-level agencies and government-attached agencies, and presidents of provincial/municipal People’s Committees shall coordinate with one another in directing the implementation of this Decision.