THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
16/TC-TCT
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Hanoi
,March 05, 1996
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CIRCULAR
GUIDING THE IMPLEMENTATION OF DECREE No.91-CP
OF DECEMBER 18, 1995 OF THE GOVERNMENT ON THE ISSUE OF THE LIST OF GOODS FOR
THE ENFORCEMENT OF THE ASEAN AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFFS
(CEPT) IN 1996
In
compliance with the Agreement on Common Effective Preferential Tariffs signed
in Singapore on January 28, 1992 for the building of the ASEAN Free Trade Area
(AFTA), and the amending Protocol signed in Bangkok on December 15, 1995;
Pursuant to Decree No.91-CP of December 18, 1995 of the Government on the issue
of the list of goods in execution of the ASEAN Agreement on Common Effective Preferential
Tariffs (CEPT) in 1996;
The Ministry of Finance provides the following guidance:
I. SCOPE
OF REGULATION
Imports subject to the import tax rates
specified in Point 2 of the said Decree are the goods imported from ASEAN
countries, which must meet the following conditions:
1. They are included in the List of goods issued
together with Decree No.91-CP of December 18, 1995 of the Government;
2. They are included in the List of goods
eligible for import duty reduction under CEPT regulations applied by the
exporting country which is an ASEAN member at a tax rate not exceeding 20%;
3. They meet the standards on their original
content as required by CEPT and certified for their origin in ASEAN countries;
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At present, the agencies authorized to grant
Certificates of Origin for products from ASEAN countries are:
- The Ministry of Industry and Natural Resources
in Brunei;
- The Ministry of Trade in Indonesia;
- The Ministry of Commerce and Industry in
Malaysia;
- The Customs Service in the Philippines;
- The Council for Trade Development in
Singapore;
- The Department of Commercial Preferential
Treatment of the Ministry of Trade in Thailand;
- The Ministry of Trade in Vietnam.
A Certificate of Origin, form D, shall be made
in four copies, one original (copy No.1, in light purple) and three copies
(copies No.2, 3 and 4, in orange).
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4. Goods sent directly to Vietnam from an
exporting ASEAN country. Goods transported in the following cases shall be
regarded as being sent directly from an exporting ASEAN member country to
Vietnam:
(i) Goods transported directly from the ASEAN
member country to Vietnam without passing through another country;
(ii) Goods transported through the territory of
another ASEAN member country;
(iii) Goods on transit in one or many non-ASEAN
countries with or without being transhipped or temporarily stored in those
countries, if:
- The transit is considered necessary due to
geographical conditions or transport requirements;
- The goods must not be consumed in those
countries; and
- The goods must not be subject to any activity
other than loading, unloading and protection activities.
II. TAX
TARIFFS
Tax rates applicable to import goods that meet
the conditions prescribed in Part I of this Circular are the rates provided for
in the List of goods issued together with Decree No.91-CP of December 18, 1995
of the Government.
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III.
CHECKING THE CERTIFICATE OF ORIGIN
In case of any suspicion of the truthfulness and
acuracy of the Certificates of origin, form D, the Customs Office may request a
re-examination and suspend the application of the preferential tax rates
provided for in the List of goods issued together with Decree No.91-CP of
December 18, 1995 of the Government, and shall apply the tax rates stipulated
in the current Import Tax Tariffs. Pending the result of the re-examination,
the procedures for the release of goods shall continue to apply if such goods
are not banned or restricted from import and there is no suspicion of a false declaration.
In cases where the goods’ owner produces
documents proving that the goods have their ASEAN origin, he/she shall be
considered for the reimbursement of the tax amount paid in excess (the
difference between the tax amount paid according to the tax rates in the common
Import Tariffs and that according to the preferential tax rates).
Goods recognized to originate from the ASEAN
countries must meet one of the following conditions:
(i) They are entirely produced or exploited in
the exporting country which is an ASEAN member, including:
a/ Minerals exploited from the soil, water or
seabed of that country;
b/ Agricultural products harvested in that
country;
c/ Animals born and raised in that country;
d/ Products from animals mentioned in Point (c);
e/ Products gained from hunting or fishing in
that country;
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g/ Products processed or manufactured from
products mentioned in Point (f) on board in the ship(s) of that country;
h/ Used raw materials collected in that country;
i/ Industrial waste collected in that country;
and
j/ Goods manufactured from the products
mentioned above, from Point (a) to Point (i).
(ii) Goods not produced or exploited in the
exporting country which is an ASEAN member, but meeting one of the following
conditions:
a/ Having at least 40% of the content
originating from an ASEAN member country; namely, the total value of the input
materials, parts or products originating from non-ASEAN countries or unidentifiable,
shall not exceed 60% of the FOB prices of the products manufactured or
processed on the territory of the exporting country which is a member of ASEAN.
The 40%-ASEAN content formula shall be defined
as follows:
The value of
the input materials, parts and products imported from non-ASEAN countries
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x 100% < 60%
FOB prices
The value of the input materials, parts and
products imported from non-ASEAN countries is the CIF (Cost, Insurance and
Freight) prices at the moment of the import;
The value of the input materials, parts and
products with unidentified origins is their initial prices before being
processed on the territory of the exporting country which is a member of ASEAN.
b/ Products which meet all the conditions on
origin and are used as the input in another member country shall be considered
products originating from the country which completes the processing provided
that the total ASEAN content of the finished products is no less than 40%.
IV. OTHER
PROVISIONS
Bases for tax calculation; tax payment regime,
tax accounting, reporting on the tax payment and collection; the regime of
import tax reduction and exemption; regime of tax reimbursement, tax arrears
collection and handling of violations shall comply with the regulations of the
Law on the Import-Export Duties and the current guiding documents.
V.
ORGANIZATION OF IMPLEMENTATION
This Circular takes effect from January 1st,
1996.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Vu Mong Giao