THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 117/2022/ND-CP
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Hanoi, December
30, 2022
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DECREE
VIETNAM’S PREFERENTIAL EXPORT TARIFF SCHEDULE AND SPECIAL
PREFERENTIAL IMPORT TARIFF SCHEDULE FOR IMPLEMENTATION OF THE FREE TRADE
AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND IN THE 2022 - 2027 PERIOD
Pursuant to the Law on
Government Organization dated June 19, 2015 and 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
Treaties dated April 09, 2016;
In the furtherance of
the Government’s Resolution No. 31/NQ-CP dated March 12, 2021 granting approval
for the Free Trade Agreement between the Socialist Republic of Vietnam and the
United Kingdom of Great Britain and Northern Ireland;
In the furtherance of the
Free Trade Agreement between the Socialist Republic of Vietnam and the United
Kingdom of Great Britain and Northern Ireland;
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The Government
promulgates a Decree promulgating Vietnam’s preferential export tariff schedule
and special preferential import tariff schedule for implementation of the Free
Trade Agreement between the Socialist Republic of Vietnam and the United
Kingdom of Great Britain and Northern Ireland in the 2022 - 2027 period.
Article 1. Scope
This Decree promulgates
Vietnam’s preferential export tariff schedule and special preferential import
tariff schedule for implementation of the Free Trade Agreement between the
Socialist Republic of Vietnam and the United Kingdom of Great Britain and
Northern Ireland (hereinafter referred to as “UKVFTA”) in the 2022 - 2027
period and conditions for grant of such preferential export tariff rates and
special preferential import tariff rates under UKVFTA.
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. Vietnam’s preferential
export tariff schedule and special preferential import tariff schedule in the
2022 - 2027 period
1. Vietnam’s preferential
export tariff schedule for implementation of UKVFTA in the 2022 - 2027
period in the Annex I to this Decree includes codes and description of goods
exported to the United Kingdom of Great Britain and Northern Ireland, and
preferential export tariff rates applied in different periods.
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3. The columns
“Code" and “Goods description” are set up according to Vietnam’s
nomenclature of exports and imports and are classified by 8-digit or 10-digit
codes.
In case where Vietnam’s
nomenclature of exports and imports is amended, customs declarants must use
descriptions and codes of goods according to the amended nomenclature, and
apply corresponding tariff rates put on such goods with amended codes as
specified in the Annexes to this Decree.
Classification of goods
shall comply with regulations of the law of Vietnam.
4. The column “Tariff
rate (%)” in Annex I and Annex II means the tariff rate applied to different
periods, including:
a) “2022”: the tariff
rate applies from December 30, 2022 to December 31, 2022 inclusive;
b) “2023”: the tariff
rate applies from January 01, 2023 to December 31, 2023 inclusive.
c) “2024”: the tariff
rate applies from January 01, 2024 to December 31, 2024 inclusive.
d) “2025”: the tariff
rate applies from January 01, 2025 to December 31, 2025 inclusive.
dd) “2026”: the tariff
rate applies from January 01, 2026 to December 31, 2026 inclusive.
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Article
4. Conditions and procedures for grant of Vietnam’s preferential
export tariff rates
1. Goods which are not
included in the preferential export tariff schedule in Annex I to this Decree
shall be eligible for the duty rate of 0% when they are exported to the United
Kingdom of Great Britain and Northern Ireland.
2. Conditions for grant
of preferential export tariff rates under UKVFTA
Goods exported from
Vietnam shall be entitled to the preferential export tariff rates specified in
Annex I to this Decree and in clause 1 of this Article if:
a) they are imported to
the United Kingdom of Great Britain and Northern Ireland.
b) they are supported by
transport documents (photocopies) on which the country of destination is the
United Kingdom of Great Britain and Northern Ireland.
c) There are import
declarations or documents acting as a replacement of the customs declarations
proving that the goods exported from Vietnam are imported to the United Kingdom
of Great Britain and Northern Ireland (photocopies) in accordance with
prevailing regulations of law.
d) If the documents
mentioned in points b and c clause 2 of this Article are not written in
Vietnamese or English language, the customs declarant must translate them into
Vietnamese or English language and take responsibility for the translations.
3. Procedures for
application of preferential export tariff rates under UKVFTA:
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b) Within 01 year from
the date of registration of export declaration, the customs declarant shall
submit adequate documents proving that the goods meet the conditions in points
b and c clause 2 of this Article (01 photocopy) and make an additional
declaration to enjoy the preferential export tariff schedule under UKVFTA.
After this 01-year time limit, exports are no longer eligible for the
preferential export tariff rates under UKVFTA.
c) Customs authorities
shall check received documents and the preferential export tariff rates
according to the preferential export tariff schedule in Annex I to this Decree,
and if the exports meet the conditions in clause 2 of this Article, grant the
preferential export tariff rates under UKVFTA and settle the overpaid export
duties for the customs declaration in accordance with regulations of law on tax
administration.
Article
5. Conditions for application of Vietnam’s special preferential
import tariff schedule
1. Symbol “*”: Imports
are not eligible for the special preferential import tariff under UKVFTA.
2. With regard to imports
subject to tariff-rate quotas, including goods of headings 04.07, 17.01, 24.01,
25.01, the in-quota special preferential import tariff rates are the tariff
rates specified in Annex II to this Decree. The list of imports subject to
tariff-rate quotas and annual import quotas thereof are stipulated by the
Ministry of Industry and Trade and the out-of-quota tariff rates shall comply
with the regulations enshrined in the Government's export tariff and import
tariff schedules, and lists of commodities, specific, compound and out-of-quota
import duty rates in force at the time of import.
3. Conditions for grant
of special preferential import tariff rates under UKVFTA
Imports shall be eligible
for the special preferential import tariff rates under UKVFTA if:
a) they are included in
the special preferential import tariff schedule in Annex II to this Decree.
b) they are imported to
Vietnam from the United Kingdom of Great Britain and Northern Ireland.
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Article 6. Goods from
Vietnam’s non-tariff areas
Goods from Vietnam’s
non-tariff areas imported into the domestic market will be eligible for the
special preferential import tariff rates under UKVFTA if they meet all
conditions set out in points a and c clause 3 Article 5 of this Decree.
Article 7. Effect
1. This Decree comes into
force from the date on which it is signed.
2. The Government’s
Decree No. 53/2021/ND-CP dated May 21, 2021 promulgating Vietnam’s preferential
export tariff schedule and special preferential import tariff schedule for
implementation of the Free Trade Agreement between the Socialist Republic of
Vietnam and the United Kingdom of Great Britain and Northern Ireland in the
2021 - 2022 period shall cease 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 People’s
Committees of provinces and central-affiliated cities and relevant organizations
and individuals are responsible for the implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai