Headlines 14/01/2023 16:49 CH

New regulation of Vietnam on the special preferential import tariff for the implementation of the RCEP Agreement

Dương Châu Thanh

On December 30, 2022, the Government of Vietnam promulgated Decree No. 129/2022/ND-CP on Vietnam’s special preferential import tariff for the implementation of the Regional Comprehensive Economic Partnership 2022-2027.

According to the Decree, guidelines on the special preferential import tariff rates for the implementation of the RCEP Agreement 2022-2027 are as follows:

- If goods imported from a signatory of the RCEP Agreement (including goods from non-tariff zones of Vietnam) satisfy conditions prescribed in Decree No. 129/2022/ND-CP and do not have different RCEP tariff rates between Tariff Appendices promulgated with Decree No. 129/2022/ND-CP, it is possible to apply the RCEP tariff rate prescribed in the Tariff Appendix for such signatory.

- If goods imported from a signatory of the RCEP Agreement (including goods from non-tariff zones of Vietnam) satisfy conditions prescribed in Decree No. 129/2022/ND-CP and have different RCEP tariff rates between Tariff Appendices promulgated with Decree No. 129/2022/ND-CP, the RCEP tariff rate is applied as follows:

- The tariff rate in the Tariff Appendix for a signatory identified as the origin country following current regulations of law;

- In case of failure to apply Point a of this Clause, the importer may make declarations following one of the following RCEP tariff rates:

+ The maximum tariff rate in Tariff Appendices shall apply to the same goods originating from signatories of the RCEP Agreement (including non-tariff zones of Vietnam), contributing materials, and having their origins used for producing import goods if the importer can provide solid grounds for the declared information;

+ The maximum tariff rate in Tariff Appendices shall apply to the same goods originating from signatories of the RCEP Agreement (including non-tariff zones of Vietnam).

Decree No. 129/2022/ND-CP comes into force as of its date of signing.

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