Thông tư 161/2011/TT-BTC

CIRCULAR

PROMULGATING VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF TO IMPLEMENT THE ASEAN AGREEMENT ON TRADE IN GOODS DURING 2012-2014

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing the implementation of June 14, 2005 Law No.45/2005/QH11 on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the ASEAN Agreement on Trade in Goods between the member countries of the Association of Southeast Asian Nations (ASEAN), which was concluded on February 26, 2009, at the 14th Summit Meeting in Cha- am, Thailand, and ratified by the Prime Minister of the Socialist Republic of Vietnam in Official Letter No. 1012/TTg-QHQT of June 22, 2009;

The Ministry of Finance promulgates Vietnam’s Special Preferential Import Tariff to implement the ASEAN Agreement on Trade in Goods as follows:

Article 1. To promulgate together with this Circular Vietnam’s Special Preferential Import Tariff to implement the ASEAN Agreement on Trade in Goods during 2012-2014 (applicable duty rates are referred to as ATIGA duty rates).

In which:

+ Column “Goods heading” and column “Goods description” are developed based on the 2012 AHTN (ASEAN Harmonized Tariff Nomenclature) and classified at the 8-digit level;

+ Column “ATIGA duty rate (%)”: Duty rates applicable to each year, from January 1 through December 31 of the year, beginning from 2012 to the end of 2014.

Article 2. To be eligible for ATIGA duty rates, imports must fully meet the following conditions:

1. Being named in the Special Preferential Import Tariff promulgated together with this Circular;

2. Being imported from the following ASEAN member countries into Vietnam:

- Brunei Darussalam;

- The Kingdom of Cambodia;

- The Republic of Indonesia;

- Lao People’s Democratic Republic;

- Malaysia;

- The Union of Myanmar;

- The Republic of the Philippines;

- The Republic of Singapore;

- The Kingdom of Thailand;

- The Socialist Republic of Vietnam (goods imported into the domestic market from non-tariff areas).

3. Being transported directly from a country of exportation being an ASEAN member country specified in Clause 2 of this Article to Vietnam under the Ministry of Industry and Trade’s regulations;

4. Satisfying the rules of origin of goods in the ASEAN Agreement on Trade in Goods and having an ASEAN certificate of origin (referred to as C/O - Form D) as required by the Ministry of Industry and Trade.

Article 3. This Circular takes effect on January 1, 2012, and replaces the Minister of Finance’s Decision No. 36/2008/QD-BTC of June 12, 2008, promulgating CEPT/AFTA Special Preferential Import Tariff for the 2008- 2013 period, and Decision No. 73/2008/QD-BTC of September 5, 2008, amending Decision No. 36/2008/QD-BTC of June 12, 2008.-