Quyết định 111/2008/QD-BTC

DECISION

PROMULGATING VIETNAM’S PARTICULARLY PREFERENTIAL IMPORT TARIFF FOR REALIZATION OF THE ASEAN-CHINA FREE TRADE AREA FOR THE PERIOD OF 2009-2011

THE MINISTER OF FINANCE

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Tax and Export Duties;
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 Law on Import Tax and Export Duties;
Pursuant to the Framework Agreement on ASEAN-China Comprehensive Economic Cooperation, which was concluded on November 4, 2002, in Cambodia and ratified by the President of the Socialist Republic of Vietnam in Decision No. 890/2003/QD/CTN of November 26, 2003;
Pursuant to Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Association of South-East Asian Nations and the People’s Republic of China (herein after referred as to ASEAN-China Agreement on Trade in Goods), which was concluded on November 29, 2004, in Laos and the Vietnam-China Memorandum of Understanding on a number of issues of the ASEAN-China Agreement on Trade in Goods, which was concluded on July 18, 2005, in China, and ratified by the Prime Minister in Decision No. 257/2005/QD-TTg of October 19, 2005;
Upon the request of the Director of the International Cooperation Department,

DECIDES:

Article 1. To issue together with this Decision Vietnam’s Particularly Preferential Import Tariff for realization of the ASEAN-China Free Trade Area for the period 2009-2011, which applies to all customs declarations submitted to customs authorities from January 1, 2009.

Article 2. To be entitled to Vietnam’s particularly preferential import tax rates for realization of the ASEAN-China Free Trade Area (abbreviated to ACFTA), imported goods must satisfy following conditions:

a/ Being presented in the Particular Preferential Import Tariff issued together with this Decision.

b/ Being imported from following countries into Vietnam:

ACFTA tax rates are not applicable to imported goods from a country with its country name code specified at column (6) of this Tariff (column “Countries are not entitled to preferential tax rates”). The supplementation or modification of countries lised at column (6) shall be notified in written form by the Finance Ministry.

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

d/ Satisfying the requirement on ASEAN-China origin of goods, as evidenced by ASEAN-China certificates of origin (referred to as C/O- Form E) granted by 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 Trade and Industry, in Malaysia;

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

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

- The Customs Authority, in the Republic of Singapore;

- The Ministry of Trade, in the Kingdom of Thailand; and

- The General Administration of Quality Supervision, Inspection and Quarantine, in the People’s Republic of China.

Article 3. ACFTA tax rates for each year shall be applied automatically from January 1 to the end of December 31 of that year, starting from 2009 to the end of 2011.

Article 4. This Decision takes effect from January 1, 2009, and replaces Minister of Finance’s Decision No. 20/2008/QD-BTC of May 5, 2008, promulgating Vietnam’s Particularly Preferential Import Tariff for realization of the ASEAN-China Free Trade Area.

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