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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
125/2022/ND-CP
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Hanoi, December
30, 2022
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DECREE
VIETNAM’S SPECIAL
PREFERENTIAL IMPORT TARIFF SCHEDULE FOR IMPLEMENTATION OF VIETNAM-KOREA FREE TRADE
AGREEMENT IN 2022 – 2027 PERIOD
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Law on Export and Import Duties
dated April 06, 2016;
Pursuant to the Law on Customs dated June 23,
2014;
Pursuant to the Law on International Treaties
dated April 09, 2016;
For the purpose of the Vietnam-Korea Free Trade
Agreement which comes into force from December 20, 2015;
At the request of the Minister of Finance of
Vietnam;
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Article 1. Scope
This Decree introduces Vietnam’s special
preferential import tariff rates for implementation of the Vietnam-Korea Free
Trade Agreement in the 2022 – 2027 period and conditions to be satisfied for
claiming special preferential import tariff rates under this Agreement.
Article 2. Regulated entities
1. Taxpayers as defined in the Law on Export and
Import Duties.
2. Customs authorities and customs officials.
3. Organizations and individuals that have rights
and obligations related to imports and exports.
Article 3. Special preferential import tariff
schedule
1. Vietnam’s special preferential import tariff
schedule for implementation of the Vietnam-Korea Free Trade Agreement in the
2022 – 2027 period (special preferential import tariff rates are hereinafter
referred to as “VKFTA rates”) is enclosed with this Decree.
2. The columns “Code" and “Description” in the
special preferential import tariff schedule enclosed herewith are compiled
according to Vietnam’s nomenclature of exports and imports and are classified
by 8-digit or 10-digit codes.
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3. The column “VKFTA rate (%)” indicates the tariff
rates applied in different periods, including:
a) Column “2022”: the tariff rates in this column
apply from December 30, 2022 to December 31, 2022 inclusively;
b) Column “2023”: the tariff rates in this column
apply from January 01, 2023 to December 31, 2023 inclusively;
b) Column “2024”: the tariff rates in this column
apply from January 01, 2024 to December 31, 2024 inclusively;
d) Column “2025”: the tariff rates in this column
apply from January 01, 2025 to December 31, 2025 inclusively;
dd) Column “2026”: the tariff rates in this column
apply from January 01, 2026 to December 31, 2026 inclusively;
e) Column “2027”: the tariff rates in this column
apply from January 01, 2027 to December 31, 2027 inclusively.
4. Symbol “*”: Imports which are not eligible for
VKFTA rates for corresponding period.
5. Column “GIC”: Goods which are produced in the
Kaesŏng Industrial Zone located in the Democratic People's Republic
of Korea and eligible for VKFTA rates as prescribed in Article 6 of this
Decree.
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Article 4. Conditions for claiming special
preferential import tariff rates
Imports shall be eligible for VKFTA rates if:
1. They are included in the special preferential
import tariff schedule enclosed herewith.
2. They are imported to Vietnam from Korea.
3. They meet origin criteria (including provisions
on direct consignment) and are supported by a valid Certificate of Origin (C/O)
– Form KV or proofs of origin as prescribed in the Vietnam-Korea Free Trade
Agreement and regulations of law in force.
Article 5. Goods imported from free trade zones
of Vietnam
In order to claim VKFTA rates, goods imported from
free trade zones of Vietnam into the domestic market must meet the conditions
in Clause 1 and Clause 3 Article 4 of this Decree and are supported by a valid
Certificate of Origin (C/O) – Form VK or proofs of origin as prescribed in the
Vietnam-Korea Free Trade Agreement and regulations of law in force.
Article 6. Treatment for goods produced in Kaesŏng Industrial
Zone located in Democratic People's Republic of Korea
Goods produced in Kaesŏng Industrial Zone
located in Democratic People's Republic of Korea (GIC goods) shall be eligible
for VKFTA rates of Vietnam if:
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2. They are imported to Vietnam from Korea.
3. They meet origin criteria laid down in Article
3.5 Chapter 3 – Rules of origin and Origin Procedures of Vietnam-Korea Free
Trade Agreement, provisions on direct consignment, and are supported by a valid
Certificate of Origin (C/O) – Form KV or proofs of origin as prescribed in the
Vietnam-Korea Free Trade Agreement and regulations of law in force.
Article 7. Effect
1. This Decree comes into force from the date on
which it is signed.
2. The Government’s Decree No. 149/2017/ND-CP dated
December 26, 2017 promulgating Vietnam’s special preferential import tariff
schedule for implementation of the Vietnam-Korea Free Trade Agreement in the
2018 - 2022 period ceases to have effect from the effective date of this
Decree.
Article 8. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of provincial People’s Committees and
relevant organizations and individuals shall implement this Decree.
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