Thông tư 77/2010/TT-BTC

CIRCULAR

PROMULGATING VIETNAM'S SPECIAL PREFERENTIAL IMPORT TARIFF TO IMPLEMENT THE ASEAN-KOREA FREE TRADE AREA DURING 2010-2011

Pursuant to June 14, 2005 Law No. 45/2005/ QH11 on Export Duty and Import Duty118/2008/ND-CP of November 27, 2008. 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 December8, 2005, detailing June 14, 2005 Law No. 45/2005/QHII on Export Duty and Import Duty;
Pursuant to the Framework Agreement on Comprehensive Economic Cooperation among the governments of the member countries of the Association of Southeast Asian nations and the Republic of Korea concluded in Malaysia on December 13, 2005, which was ratified by the President of the Socialist Republic of Vietnam on April 12, 2006;
Pursuant to the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation among the governments of the member countries of the Association of Southeast Asian nations and the Republic of Korea concluded in Malaysia on December 13, 2005, signed in August 24, 2006, in the Philippines;
Pursuant to the Protocol on the Accession of the Kingdom of Thailand to the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation among the governments of the member countries of the Association of Southeast Asian nations and the Republic of Korea,
The Ministry of Finance promulgates the Circular on Vietnam's Special Preferential Import Tariff to implement the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation among the governments of the member countries of the Association of Southeast Asian nations and the Republic of Korea as follows:

To promulgate together with this Circular Vietnam's Special Preferential Import Tariff to implement the ASEAN-Korea Free Trade Area during 2010-2011 (below referred to as AKFTA tax rate)

In which:

+ Column "Goods code" and column "Goods description" are developed based on IIS (Harmonized Commodity Description and Coding System) 2007 and AHTN (ASEAN Harmonized Tariff Nomenclature) 2007 and classified by the 10-digit level.

+ Column "AKFTA tax rate": Tax rate applicable to each year, from January 1 through December 31 of the year;

+ Column "Ineligible countries": Goods imported from countries with country signs (specified at Point b. Article 2 of this Circular) ineligible for AKFTA tax rate.

+ Column "GIC" (Gaeseong Industrial Complex): Goods produced at Kaesong (Gaeseong) Industrial Complex in the territory of the People's Democratic Republic of Korea eligible for AKFTA tax rate undei Article 3 of this Circular.

Article 2. To be eligible for AKFTA tax rate, imports must fully meet the following conditions:

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

- The Ministry of Commerce, in the Kingdom of Cambodia:

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

- The Ministry of Industry and Commerce, in the Lao People's Democratic Republic;

- The Ministry of International Trade and Industry, in Malaysia;

- The Ministry of Commerce, in the Union of Myanmar:

- The Department of Finance, in the Republic of the Philippines:

- Singapore Customs, in the Republic of Singapore;

- The Ministry of Commerce, in the Kingdom of Thailand; and.

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

To be eligible for AKFTA tax rate, goods produced at Kaesong Industrial Complex in the territory of the People's Democratic Republic of Korea (GIC goods) must fully meet the following conditions:

d/ Satisfying the conditions on origin of ASEAN-Korea goods, for goods subject to Rule 6 - AKFTA defined in Appendix IV to the Regulation on AKFTA origin, to the Industry and Trade Minister's Circular No. 17/2009AT-BCT of June 29. 2009.

This Circular takes effect 45 days from the date of its signing. 112/2008/QD-BTC of December 1, 2008.