Nghị định 150/2017/NĐ-CP về Biểu thuế nhập khẩu ưu đãi đặc biệt của Việt Nam để thực hiện Hiệp định Thương mại tự do giữa một bên là Nhà nước Việt Nam và bên kia là Liên minh Kinh tế Á - Âu và các nước thành viên giai đoạn 2018-2022

DECREE

VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF SCHEDULE IN ORDER TO IMPLEMENT THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM, OF THE ONE PART, AND THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, OF THE OTHER PART, DURING 2018 - 2022

Pursuant to the Law on Government dated June 19, 2015;

Pursuant to the Law on Import and Export Duties dated June 04, 2016;

Pursuant to the Law on International Treaties dated April 09, 2016;

In implementation of the Free Trade Agreement between the Socialist Republic of Vietnam, of the one part, and the Eurasian Economic Union and its member states, of the other part, which comes into force from October 05, 2016;

At the request of the Minister of Finance;

The Government promulgates a Decree on the Vietnam’s Special Preferential Import Tariff Schedule in order to implement the Free Trade Agreement between the Socialist Republic of Vietnam, of the one part, and the Eurasian Economic Union and its member states, of the other part, during 2018 – 2022.

Article 1. Scope

This Decree provides for Vietnam’s special preferential import tariff rates in implementation of the Free Trade Agreement between the Socialist Republic of Vietnam, of the one part, and the Eurasian Economic Union and its member states, of the other part, (hereinafter referred to as the “VN-EAEU FTA”) during 2018 – 2022, and conditions for grant of such special preferential import tariff under this Agreement.

Article 2. Regulated entities

1. Taxpayers as defined in the Law on Import and Export Duties.

2. Customs authorities and customs officials.

3. Organizations and individuals whose rights and obligations are relevant to imports and exports.

Article 3. Special preferential import tariff schedule

The Vietnam’s special preferential import tariff schedule (special preferential import tariff rate applied under the VN-EAEU FTA is hereinafter referred to as “VN-EAEU FTA tariff rate”) and list of goods eligible for in-quota import tariff rate which is applied during 2018 – 2022 under the VN-EAEU FTA are issued together with this Decree.

1. Notes and general rules explaining the classification of goods conform to the Vietnam’s Import and Export Classification Nomenclature which is compiled according to the Harmonized Commodity Description and Coding System (HS) of the World Customs Organization.

2. “Description of goods” and “code” are compiled according to the Vietnam’s Import and Export Classification Nomenclature coding to 8-digit or 10-digit coding system.

3. “VN-EAEU FTA tariff rate (%)” means tariff rate by year, from January 01, 2018 to December 31, 2022.

4. Symbol “*” means imports which are not eligible for VN-EAEU FTA tariff rates at a certain time.

5. Symbol “Q” means goods imported under the tariff-rate quota from the EAEU and its member states with the in-quota import tariff rate as specified in the Vietnam's List of goods eligible for in-quota import tariff rate which is applied during 2018 – 2022 under the VN-EAEU FTA; quota of imports under the VN-EAEU FTA shall be made publicly available by the Ministry of Industry and Trade and out-of-quota import tariff rate shall conform to the Government’s regulations applicable at a certain import time.

Article 4. Conditions for special preferential import tariff rates

In order to be granted VN-EAEU FTA tariff rate, every import shall:

1. Be listed on the special preferential import tariff schedule issued together with this Decree.

2. Be imported from countries that are signatories to VN-EAEU FTA, including:

a) The Republic of Armenia;

b) The Republic of Belarus;

c) The Republic of Kazakhstan;

d) The Kyrgyz Republic;

dd) The Russian Federation;

e) Other member states of the EAEU (as defined in Article 15.2 of the VN-EAEU FTA);

g) The Socialist Republic of Vietnam (imports from non-tariff zones to Vietnam's market).

3. Be directly transported from exporting countries as stipulated in Clause 2 Article 4 herein by the Ministry of Industry and Trade.

4. Meet requirements of goods origin stipulated in VN-EAEU FTA, have the certificate of origin (C/O) available that is made using form EAV in accordance with applicable regulations.

Article 5. Entry into force

1. This Decree enters into force from January 01, 2018.

2. The Government’s Decree No. 137/2016/ND-CP dated September 29, 2016 on the Vietnam’s Special Preferential Import Tariff Schedule in order to implement the Free Trade Agreement between the Socialist Republic of Vietnam, of the one part, and the Eurasian Economic Union and its member states, of the other part, during 2016 – 2018 is abrogated.

Article 6. Implementation

Ministers, Heads of ministerial-level agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces or central-affiliated cities and relevant entities shall be responsible for the implementation of this Decree./.

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