List of Vietnam Law
Decree No. 81/2024/ND-CP dated July 04, 2024 of the Government of Vietnam on amendments to some articles of Government’s Decree No. 119/2022/ND-CP dated December 30, 2022 on Vietnam’s special preferential import tariff schedule for implementation of the ASEAN-KOREA trade in goods agreement in 2022-2027 period
Date: 7/4/2024
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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. 81/2024/ND-CP
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Hanoi, July 04, 2024
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DECREE
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 119/2022/ND-CP DATED DECEMBER 30, 2022 ON VIETNAM’S SPECIAL PREFERENTIAL IMPORT TARIFF SCHEDULE FOR IMPLEMENTATION OF THE ASEAN - KOREA TRADE IN GOODS AGREEMENT IN 2022 - 2027 PERIOD
Pursuant to Law on Government Organization of Vietnam dated June 19, 2015; Law on amendments to some Articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam 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;
Pursuant to the Law on Tax Administration dated June 13, 2019;
In furtherance of the ASEAN - Korea Trade In Goods Agreement becoming effective from June 01, 2007 and the third Protocol on amendments to the ASEAN - Korea Trade In Goods Agreement becoming effective from November 28, 2023;
At the request of the Minister of Finance of Vietnam;
The Government hereby promulgates Decree on amendments to some articles of Government’s Decree No. 119/2022/ND-CP dated December 30, 2022 on Vietnam’s special preferential import tariff schedule for implementation of the Asean - Korea Trade in Goods Agreement in 2022 - 2027 period.
Article 1. Amendments to some articles of Government’s Decree No. 119/2022/ND-CP dated December 30, 2022 on Vietnam’s special preferential import tariff schedule for implementation of the Asean - Korea Trade in Goods Agreement in 2022 - 2027 period
Clause 1, clause 3 and clause 7 Article 3 shall be amended as follows:
1. Clause 1 shall be amended as follows:
“1. Promulgated together with this Decree are the Vietnam’s special preferential import tariff schedule (special preferential import duty rates are hereinafter referred to as “AKFTA rates”) and Vietnam’s list of goods eligible for out-of-quota special preferential import tariff rates for implementation of the ASEAN - Korea Trade In Goods Agreement in the 2023 – 2027 period”
2. Clause 3 shall be amended as follows:
“3. The column “AKFTA rate (%)” means the tariff rate applied in each year, commencing November 28, 2023 to December 31, 2027 inclusive.
3. Article 7 shall be amended as follows:
“7. With regard to imports subject to tariff-rate quotas, including goods of headings 04.07, 17.01, 24.01, 25.01, in-quota AKFTA tariff rates are the tariff rates specified in the Special preferential import tariff schedule promulgated together with this Decree, the out-of-quota AKFTA tariff rates are the tariff rates specified in the list of goods eligible for out-of-quota special preferential import tariff rates enclosed herewith. Out-of-quota tariff rates for the goods not included in the aforesaid list are specified in the Government's export tariff and import tariff schedules, and lists of commodities, specific, compound and out-of-quota import tariff rates in force at the time of import. The list of imports subject to tariff-rate quotas and annual import quotas thereof are stipulated by the Ministry of Industry and Trade.”
Article 2. Implementation clause
1. This Decree comes into effect from the date on which it is signed.
2. Vietnam’s special preferential import tariff schedule for implementation of the ASEAN - Korea Trade In Goods Agreement in the 2022 - 2027 period promulgated together with the Government Decree No. 119/2022/ND-CP dated December 30, 2022 shall be replaced by Vietnam’s special preferential import tariff schedule for implementation of the ASEAN - Korea Trade In Goods Agreement in the 2023 - 2027 period promulgated together with this Decree.
3. Customs authorities shall consider refunding overpaid amounts in accordance with regulations of the Law on Tax Administration in respect of goods imported and supported by the custom declaration which has been registered from November 28, 2023 to before the effective date of this Decree, provided that all conditions for claiming AKFTA rates laid down in the Government Decree No. 119/2022/ND-CP dated December 30, 2022 are met and the tax paid at the rates specified in the tariff schedule enclosed with the Government Decree No. 119/2022/ND-CP is higher than the tax payable at the rates specified in the tariff schedule enclosed with this Decree.
Article 3. Implementation responsibilities
Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Decree./.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER DEPUTY PRIME MINISTER (Signed and sealed) Le Minh Khai (This translation is for reference only)
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