THE MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, February 28, 2006
GUIDING THE IMPLEMENTATION OF VIETNAM’S PARTICULARLY PREFERENTIAL IMPORT TAX RATES FOR IMPLEMENTATION OF THE ASEAN’S AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFFS (CEPT)
Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Tax and Export Tax and the Government’s Decree No. 149/2005/ND-CP of December 8, 2005, detailing the implementation of the Law on Import Tax and Export Tax;
Pursuant to the Government’s Decree No. 154/2005/ND-CP of December 15, 2005, detailing a number of articles of the Customs Law regarding customs procedures, inspection and supervision;
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;
In furtherance of the Protocol on the Socialist Republic of Vietnam’s accession to the Agreement on Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) (hereinafter referred to as the CEPT/AFTA Agreement), concluded on December 15, 1995, in Bangkok;
The Ministry of Finance hereby guides the implementation of Vietnam’s particularly preferential import tax rates for implementation of the ASEAN’s CEPT/AFTA Agreement as follows:
I. SCOPE AND CONDITIONS OF APPLICATION
1. To be eligible for the application of Vietnam’s particularly preferential import tax rates for implementation of the CEPT/AFTA Agreement (hereinafter referred to as the CEPT rates for short), imports must fully meet the following conditions:
a/ Being on Vietnam’s list of goods and their particularly preferential tax rates for implementation of the CEPT/AFTA Agreement, promulgated by the Finance Minister.
b/ Being imported into Vietnam from the ASEAN member countries, including:
- Brunei Darussalam;
- The Kingdom of Cambodia;
- The Republic of Indonesia;
- The Lao People’s Democratic Republic;
- The Federation of Myanmar;
- The Republic of Philippines;
- The Republic of Singapore; and,
- The Kingdom of Thailand;
c/ Satisfying the ASEAN-origin requirements, with certificates of ASEAN origin - Form D (abbreviated to form-D C/Os), as specified in Section III of this Circular, except imported goods lots with the total value (at FOB price) not exceeding USD 200 each, for which form-D C/Os are not required. Particularly for imported goods with form-D C/Os affixed with “FOR CUMULATION PURPOSES ONLY” stamp as specified in the Trade Minister’s Decision No. 151/2005/QD-BTM of January 27, 2005, the CEPT rates shall not apply.
d/ Being transported directly to Vietnam from countries of exportation being the ASEAN members as provided for in the Trade Minister’s Decision No. 1420/2004/QD-BTM of October 4, 2004.
2. Goods from non-tariff areas (including processed goods), when being imported into the domestic market and eligible for the CEPT rates, must meet the conditions set at Items a and c, Point 1, Section I of this Circular.
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