THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No:
122/2016/ND-CP
|
Hanoi,
September 01, 2016
|
DECREE
SCHEDULES
OF IMPORT TARIFFS AND PREFERENTIAL IMPORT TARRIFS, LIST OF GOODS AND ITS FLAT
TAX, COMPOUND TARIFF, AND OUT- OF - QUOTA IMPORT TARRIF
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on Export
and Import tax dated April 06, 2016;
Pursuant to the Resolution
No.71/2006/QH11 dated November 29, 2006 by the National Assembly on
ratification of the Socialist Republic of Vietnam’s Protocol on Accession to
the World Trade Organization; At request of the Minister of Finance;
The Government hereby issues
this Decree specifying schedules of import tariff and preferential import
tariff, list of goods and its flat tax, compound tariff, and out-of-quota
import tariff.
Article 1. Scope
This Decree specifies schedules of
import tariffs and preferential import tariffs, list of goods and its flat tax,
compound duties, and out-of-quota import tariffs.
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1. Taxpayers under the Law on
Import –Export duties
2. Customs authorities and customs
officials.
3. Organizations and individuals
whose rights and obligations are relevant to imports and exports.
Article 3. Introduction of
schedules of import -exports tariffs according to Directory for taxable
products, List of goods and its flat tax, compound tariff, and out-of-quota
import tariff
The following Annexes are attached to this Decree:
1. Annex I – Schedule of export
tariff according to the Directory for taxable products (hereinafter referred to
as “export tariff schedule”).
2. Annex II – preferential import
tariff schedule according to the Directory for taxable products (hereinafter
referred to as “preferential import tariff schedule “).
3. Annex II- List of goods and
schedules of flat taxes and compound tariffs on used cars for transport of
passengers of not exceeding 15 people (including driver)0}
4. Annex IV – List of goods and
schedule of out-of-quota import tariffs thereon
Article 4. Export tariff
schedule
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2. Charcoal of heading 4402.90.90
applying export duty 5% shall meet the following technical criteria:
Indicators
Content
Ash
≤ 3%
Fixed carbon (c) – which is
odorless and smokeless
≥ 70%
Calorific value
≥7000Kcal/kg
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≤ 0.2%
3. Gold jewellery and part thereof
(heading 71.13), goldsmiths ‘wares and part thereof (heading 71.14) and other
gold articles (heading 71.15) shall be exempted from export tariff if the
following requirements are satisfied:
a) a copy certificate of testing
that certifies gold content of not exceeding 95% issued by the testing agencies
is submitted to the customs authority (enclosed with an original copy for
collation), besides required customs documents under regulation of laws.
b) In case of gold jewellery and
parts thereof (heading 71.13), goldsmiths’ ware and parts thereof (heading
71.14) and other old articles (heading 71.5) exported under an outward
processing contract or as domestic exports, the certificate of gold content
testing is not required. In case of domestic exports, the exporter shall
present a raw gold import permit issued by the State bank of Vietnam to the customs authority.
4. Export tariffs on fertilizers of
heading 31.01, 31.02, 31.03, 31.04 and 31.05 are as follows:
a) Fertilizers of headings 31.01,
31.02, 31.03, 31.04 and 31.05 of which the value of sources, minerals and
consumed energy accounts for at least 51% of the product price shall be taxed
at the export tariff rate 5%.
b) Fertilizers other than those
specified in point a of this clause shall be levied at the export tariff rate
applicable to articles of headings 31.01, 31.02, 31.03, 31.04 and 31.05 in the
export tariff schedule prescribed in Annex 1 attached hereto.
Article 5. Preferential import
tariffs
The preferential import tariff
schedule of taxable products on the List presented in Annex II contains:
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2. Section II: Chapter 98 - Code
and specific preferential import tariff rates of a number of articles. The
Section II shall specify:
a) Notes, procedures and
requirements for specific preferential import tariff rates.
- Notes for the Chapter: Articles
specified in clause 1, Part I, Section II of Annex II attached hereto shall be
eligible for specific preferential tariff rate prescribed in chapter 98.
- Note of headings:
+ Article classification and
specific preferential import tariff rate applicable to CKD, chassis fitted to
engines, cars with petcock shall conform to clause 2.1, Part I, section II of
Annex II;
+ Bleached Kraft used for cement
bags of heading 98.07, alloy steel with BO and/or Cr and/or Ti of heading
98.11; fillers, skin care products of heading 98.25, Nylon cord fabric 1680/D/2
and 1890 D/2 of heading 98.26; copper wire with the cross section exceeding 6mm
but not exceeding 8mm of heading 98.30; Polypropylene resin in primary form of
heading 98.37; non-alloy steel, in rod or roll, subjected to hot rolling in heading
98.39 are eligible for specific preferential import tariff rate prescribed in
Chapter 98 if such articles meet technical standards stipulated in clauses 2.2,
2.3, 2.4, 2.5, 2.6, 2.7 and 2.8 Part I Section I of Annex II.
- Article classification, procedures
and requirements for specific preferential tariff rate and preferential tariff
reporting shall be made in accordance with clause 3 Part I Section II of Annex
II.
b) The directory for articles
eligible for specific preferential import tariff shall specify the Code of
articles of chapter 98; goods description ( name of goods); respective Code of
such articles in Section I, Annex II (97 Chapters in Vietnam's import tariff
schedule) and specific preferential import tariff rate prescribed in Chapter
98, Part II, section II of Annex II.
c) Articles which are eligible for
specific preferential import tariff rate and are mentioned in chapter 98 and
eligible for special preferential import tariff rate under current regulations
of laws may be applied either of such above mentioned tariff rate.
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E.g.: For bleached Kraft used for
cement bags, its PLU shall be 4804.29.00 (9807.00.00), specific preferential
import tariff rate: 3%
3. Section II: Applicable
preferential import tariff rates of a number of articles under WTO’s commitment
in 2017, 2018 and 2019 onwards
Article 6. Preferential import
tax rates on petrochemicals and mechanical processing machines
1. Mechanical
processing machines of heading from 84.54 through 84.63 are eligible for
preferential import tariff rate as follows:
Mechanical processing machines that
are not yet manufactured in Vietnam shall be exempted from import duty.
Mechanical processing machines prescribed hereof are not specified on the List
of domestically-manufactured machines and equipment compiled by the Ministry of
Investment and Planning.
b)Mechanical processing machines
other than those specified in point a of this clause shall be eligible for
preferential import tariff rate applicable to articles of headings from 84.54
through 84.63 in the import tariff schedule prescribed in section I Annex II
attached hereto.
2. Preferential
import tariff rate imposed on petrochemicals like
benzene of heading 2707.10.00 and 2902.20.00; xylene of heading 2707.30.00;
P-xylene of heading 2902.43.00 and polypropylene of headings 3902.10.30 and
3902.10.90 (except for polypropylene in primary form of heading 98.37) shall be
levied at an adjustable preferential import tariff rate according to the
following roadmap:
a) From September 01, 2016 to
December 31, 2016: 1%
b) From January 01, 2017 onwards:
3% (refer to Section I, Annex II attached hereto).
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1. A flat tax shall be imposed on pasenger cars not exceeding 09 people (including driver) with
the cylinder capacity of less than 1,500cc of heading 87.03 and those
from 10 to 15 seats (including driver’s seat) of heading 87.02 as stipulated in
Annex III hereof.
2. A compound tariff shall be
imposed on passenger cars not exceeding 09 seats
(including driver’s seat) with the cylinder capacity of at least 1,500cc of
heading 87.03 as stipulated in Annex III hereof.
3. A preferential import tariff
rate of 150% shall be granted to trucks of exceeding 16 seats (including
driver’s seat) of heading 87.02 and those with gross vehicle mass not exceeding
05 tones of heading 87.04 (except for refrigerated trucks, waste collection
vehicles having a waste compressing device, tanker trucks, armoured vehicles
for transport of valuable cargoes; bulk-cement trucks and hooklift trucks).
4. Other cars of headings 87.02,
87.03 and 87.04 shall be taxed at the tariff rate that equals one and a half of
the preferential import tariff rate imposed on the brand-new cars of the same
range prescribed in Section I, Annex II hereof.
Article 8 List of goods and
schedule of out-of-quota import tariffs
1. The List of goods under tariff
quota including a number of articles of headings 04.07; 17.01; 24.01 and 25.01
is presented in Annex IV attached hereof.
2. Out-of-quota import tariffs are
specified in Annex IV attached hereto.
3. The annual import quota of
articles specified in clause 1 of this Article shall be promulgated by The
Ministry of Industry and Trade.
4. Out-of-quota tariff rate
prescribed in clause 2 hereof shall be imposed on articles specified in clause
1 of this Article where the imported quantity exceeds the annual quota decided
by The Ministry of Industry and Trade.
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6. In case the quantity of imports
specified in clause 1 of this Article does not exceed the import quota by the
Ministry of Industry and Trade, the preferential import tariff rate prescribed
in Section I, Annex II hereof or special preferential import tariff rate (if
all requirements for special preferential import tax rates are satisfied)
prescribed in Government’s Decrees shall apply.
Article 9. Implementation
1. This Decree enters into force
from September 01, 2016.
2. As the effective date of this
Decree, the following legislative documents shall be annulled:
a) Decision No.36/2011/QD-TTg dated
June 29, 2011 by the Prime Minister on import tariffs on used cars of not
exceeding 15 seats (including driver’s seat);
b) Decision No.24/2013/QD-TTg dated
May 03, 2013 by the Prime Minister on amendments to clause 1 Article 1 of the
Decision No. 36/2011/QD-TTg dated June 29, 2011 by the Prime Minister on used
cars of not exceeding 15 seats (including driver’s seat);
c) Circular No.111/2012/TT-BTC
dated July 04, 2012 by the Minister of Finance on Lists of Goods and import tax
rate subject to import quotas;
d) Circular No. 80/2014/TT-BTC
dated June 23, 2014 by the Prime Minister on amendments to Circular
No.111/2012/TT-BTC dated July 04, 2012 by the Minister of Finance on Lists of
Goods and import tax rate subject to import quotas;
dd) Circular No.182/2015/TT-BTC
dated November 16, 2015 by the Minister of Finance on issue of referential import and export tariff according to the
nomenclature of taxable products;
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g) Circular No.16/2016/TT-BTC dated
January 21, 2016 by the Minister of Finance on amendments to preferential import tax rates applicable to certain
articles in headings 27.07, 29.02 and 39.02 of the preferential import tariff;
h) Circular No.25/2016/TT-BTC dated
February 16, 2016 by the Minister of Finance on amendments to preferential import tax rates imposed on diammonium
hydrogen phosphate (diammonium phosphate) of HS code 3105.30.00 in preferential
import tariff schedule;
i) Circular No.31/2016/TT-BTC dated
February 23, 2016 by the Prime Minister on addition of N-Hexane used for
producing soybean meal and vegetable oil, rice bran and rice bran oil to
chapter 98 of the preferential import tariff schedule.
k) Circular No.48/2016/TT-BTC dated
March 17, 2016 by the Minister of Finance on
amendments to preferential import tax rates applicable to certain articles of
oils and spirit in heading 27.10 of the preferential import tariff;
l) Circular No.51/2016/TT-BTC dated
March 18, 2016 by the Minister of Finance on amendments
to the list of commodity headings and specific preferential import tax rates
for iron or steel articles used in the manufacture of tire bead in chapter 98
of the preferential import tariff promulgated under the Circular No. 182/2015/TT-BTC
dated November 16, 2015 of the Minister of
Finance;
m) Circular No.73/2016/TT-BTC dated
May 20, 2016 by the Minister of Finance on amendments
to export tariff rates on sawdust briquettes in heading No. 44.02 in schedule
of coal export tariff issued together with the Circular No. 182/2015/TT-BTC
dated November 16, 2015 by Minister of Finance;
n) Circular No.98/2016/TT-BTC dated
June 29, 2016 by the Minister of Finance on addition
of list of articles and preferential import tax rates of Artemia cysts to
chapter 98 of preferential import tariff enclosed with Circular No.182/2015/TT-BTC
dated November 16, 2015 by the Minister of
Finance
3. The Ministry of Industry and
Trade shall take charge of and cooperate with relevant regulatory bodies to
specify import coordination mechanism applicable to articles under tariff
quota.
4. Ministers, Heads of
ministerial-level agencies, heads of Governmental agencies, Presidents of
People’s Committees of provinces shall be responsible for the implementation of
this Decree. /.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
ATTACHED FILE
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