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THE
MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
42/2005/TT-BTC
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Hanoi, May 31, 2005
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 48/2005/ND-CP OF APRIL 8,
2005 ON THE REDUCTION OF IMPORT TAX RATES OF A NUMBER OF COMMODITY ITEMS FOR
IMPLEMENTATION OF THE AGREEMENT BETWEEN VIETNAM AND THAILAND CONCERNING
VIETNAM’S POSTPONEMENT OF IMPLEMENTATION OF THE ASEAN COUNTRIES’ AGREEMENT ON
COMMON EFFECTIVE PREFERENTIAL TARIFFS FOR MOTORBIKE SPARE PARTS AND ACCESSORIES
AND LIGHT TRUCKS IN COMPLETE UNITS
In implementation of the
Protocol on the accession of the Socialist Republic of Vietnam to the Agreement
on Common Effective Preferential Tariffs (CEPT) for the realization of ASEAN
Free Trade Area (AFTA) (hereinafter referred to as the CEPT/AFTA Agreement),
signed on December 15, 1995 in Bangkok;
In implementation of the Protocol on the implementation of the provisional
exclusion list under the CEPT program of the ASEAN member countries, signed on
November 23, 2000 in Singapore;
In furtherance of the Government’s Decree No. 48/2005/ND-CP of April 8, 2005,
on reduction of import tax rates of a number of commodity items for
implementation of the Agreement between Vietnam and Thailand concerning
Vietnam’s postponement of implementation of the ASEAN countries’ Agreement on
Common Effective Preferential Tariffs for motorbike spare parts and accessories
and light trucks in complete units;
The Finance Ministry hereby guides the implementation as follows:
I. APPLICATION SCOPE AND
CONDITIONS
To be eligible for application
of CEPT preferential import tax rates (hereinafter referred to as CEPT tax
rates for short) prescribed in Article 1 of the Government’s Decree No.
48/2005/ND-CP of April 8, 2005, imported commodities must satisfy the following
conditions:
1. Being on Vietnam’s list of commodities and tax rates, promulgated together with the Government’s
Decree No. 48/2005/ND-CP of April 8, 2005.
2. Being imported and
transported directly from the Thai Kingdom into Vietnam according to the
principle of direct transportation provided for in the Trade Minister’s
Decision No. 1420/2004/QD-BTM of October 4, 2004.
3. Satisfying the requirement on
ASEAN origin, with certificates of ASEAN goods origin – form D (referred to as
C/O form D for short) issued by the Trade Ministry of the Thai Kingdom or an
authorized agency of the Thai Kingdom, defined in Part III of this Circular.
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II. APPLICABLE IMPORT TAX
RATES
1. Import tax rates applicable
to imports eligible for CEPT tax rates according to the provisions of Part I of
this Circular are CEPT tax rates for each year, specified in CEPT tax rate
column of such year in Vietnam’s list of commodities and tax rates, promulgated
together with the Government’s Decree No. 48/2005/ND-CP of April 8, 2005.
2. CEPT tax rates defined in
Part I of this Circular shall apply to commodity items imported from the Thai Kingdom.
Commodities imported from other
ASEAN member countries (including Brunei Darussalam; the Kingdom of Cambodia;
the Republic of Indonesia; the People’s Democratic Republic of Laos; Malaysia;
the Federation of Myanmar; the Republic of the Philippines; and the Republic of
Singapore), which are on the list of commodities promulgated together with the
Government’s Decree No. 48/2005/ND-CP of April 8, 2005 shall continue to enjoy the
tax rates promulgated together with the Government’s Decrees No. 78/2003/ND-CP
of July 1, 2003, No. 151/2004/ND-CP of August 5, 2004 and No. 13/2005/ND-CP of
February 3, 2005 if they satisfy all the conditions for application of the CEPT
tax rates.
III. CERTIFICATES OF ORIGIN
AND INSPECTION OF CERTIFICATES OF ORIGIN
1. C/O form D must have
signatures and stamps accordable with official signature specimens and stamps,
issued by the Trade Ministry of the Thai Kingdom or an authorized agency of the
Thai Kingdom.
2. The rules for commodities to
be recognized as having ASEAN origin are provided for in the Regulation on
issuance of Vietnam’s certificates of ASEAN goods origin - form D, promulgated
together with the Trade Minister’s Decisions No. 1420/2004/QD-BTM of October 4,
2004 and No. 151/2005/QD-BTM of January 27, 2005.
3. In cases where they have
doubts about the truthfulness and accuracy of C/O form D, customs offices shall
have the rights:
- To recheck C/O form D. Customs
offices shall send their requests to the Trade Ministry of the Thai Kingdom or the agency authorized to issue C/O form D for the latter’s confirmation.
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- To request importers to
additionally supply documents (if any) to prove that their goods actually have
ASEAN origin within 01 (one) year.
- Pending the rechecking
results, to carry on the procedures for goods release according to common
import regulations.
- When acquiring sufficient
documents proving ASEAN origin of goods, issued by the Trade Ministry of the
Thai Kingdom or the authorized agency, customs offices shall have to carry out
procedures for reimbursement to importers of the differences between the tax
amount provisionally collected according to the current preferential or common
import tariff and the tax amount calculated at the CEPT tax rates prescribed in
the Government’s Decree No. 48/2005/ND-CP of April 8, 2005.
The re-checking order and
procedures shall comply with the provisions of the Regulations on issuance of
Vietnam’s certificates of ASEAN goods origin - form D, promulgated together
with the Trade Minister’s Decisions No. 1420/2004/QD-BTM of October 4, 2004 and
No. 151/2005/QD-BTM of January 27, 2005.
IV. OTHER REGULATIONS
For goods stated in import
customs declarations registered with customs offices during the period from
April 1, 2005 to the effective date of this Circular, for which import tax has
already been calculated at the preferential or common import tax rates, C/O
form D may be additionally submitted for reimbursement of import tax, provided
that such goods satisfy the other conditions specified in Part I of this
Circular.
Regulations on tax calculation
bases, tax collection and payment regime, tax exemption, tax reduction, tax
reimbursement, tax retrospective collection, handling of violations and other
regulations shall comply with the provisions of the Law on Export Tax and
Import Tax and current guiding documents.
V. ORGANIZATION OF
IMPLEMENTATION
This Circular takes effect 15
days after its publication in “CONG BAO.”
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FOR
THE FINANCE MINISTER
VICE MINISTER
Le Thi Bang Tam