Thông tư 168/2014/TT-BTC

CIRCULAR

PROMULGATING VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF TO IMPLEMENT THE ASEAN - AUSTRALIA - NEW ZEALAND AGREEMENT ON TRADE IN GOODS DURING 2015-2018

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 Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Agreement on Trade in Goods between members of Association of Southeast Asian Nations (ASEAN) with Australia and New Zealand, which was concluded on February 27, 2009, in Thailand, and ratified by the Prime Minister of the Socialist Republic of Vietnam in Official Letter No. 1042/TTg-QHQT of June 24, 2009;

At the proposal of the Director of the Department of International Cooperation;

The Minister of Finance issues the Circular promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN - Australia - New Zealand Agreement on Trade in Goods during 2015-2018.

Article 1. To promulgate together with this Circular Vietnam’s Special Preferential Import Tariff to implement the ASEAN - Australia - New Zealand Agreement on Trade in Goods during 2015-2018 (applicable duty rates are referred to as AANZFTA duty rates).

Goods and import duty rates not subject to quotas for implementation of the ASEAN - Australia - New Zealand Agreement on Trade in Goods during 2015-2018 are provided in Appendix I to this Special Preferential Import Tariff. The number of imported quotas within the general quota level must comply with the Ministry of Industry and Trade’s regulations.

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

2/ Column “AANZFTA duty rate (%)”: Duty rates applicable to each year, from January 1 through December 31 of the year, starting from 2015 until the end of 2018.

3/ Symbol “*” denotes imports ineligible for AANZFTA duty rates at the corresponding time.

Article 2. Condition for imports to be eligible for AANZFTA duty rates

To be eligible for AANZFTA duty rates, imports must fully meet the following conditions:

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

2. Being imported from the following member countries of the ASEAN - Australia - New Zealand Agreement on Trade in Goods 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;

- Australia;

- New Zealand;

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

3. Being transported directly from a country of exportation 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 - Australia - New Zealand Agreement on Trade in Goods and having an ASEAN - Australia - New Zealand certificate of origin (referred to as C/O - Form AANZ) as required by the Ministry of Industry and Trade.

Article 3. Effect

This Circular takes effect on January 1, 2015, and replaces the Minister of Finance’s Circular No. 44/2012/TT-BTC of March 16, 2012, promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN - Australia - New Zealand Agreement on Trade in Goods during 2012-2014, and the Ministry of Finance’s Circular No. 63/2012/TT-BTC of April 23, 2012, amending the special preferential import duty rates applicable to a number of goods in the Special Preferential Import Tariffs. Any problems arising in the course of implementation should be reported to the Ministry of Finance for additional guidance.-