Vietnam's special preferential import tariff to implement the Agreement to promote bilateral trade between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia for the period 2023 - 2024

On 24/01/2024, the Government issued Decree No. 05/2024/ND-CP regulating Vietnam's special preferential import tariff to implement the Agreement to promote bilateral trade between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia for the period 2023 - 2024.

This Decree regulates special preferential import tax rates and conditions for enjoying special preferential import tax rates according to the Bilateral Trade Promotion Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia for the period 2023 - 2024.

Issued together with this Decree:

- Appendix I - Vietnam's special preferential import tariff to implement the Vietnam - Cambodia Agreement for the period 2023 - 2024.

- Appendix II - List of goods imported under Vietnam's tariff quotas to implement the Vietnam - Cambodia Agreement for the period 2023 - 2024.

- Appendix III - List of border gate pairs allowed to clear customs for goods enjoying special preferential import tax rates according to the Vietnam - Cambodia Agreement for the period 2023 - 2024.

Accordingly, unprocessed rice and tobacco products listed in Appendix I, if they meet the conditions and regulations of the Ministry of Industry and Trade on import under tariff quotas according to the Vietnam - Cambodia Agreement in the period of 2023 - 2024, they will enjoy special preferential import tax rates stated in Appendix I, according to the import quota amount specified in Appendix II issued with this Decree.

For rice products: In case the imported rice products exceed the quota specified in Appendix II issued with this Decree (referred to as imports in excess of quota), the imported quantity exceeding the quota can be applied with special preferential import tax rates of Free Trade Agreements to which Vietnam and Cambodia are both members (if the conditions specified in the Import Tariff Decrees are met corresponding to special offers); or may apply preferential import tax rates specified in the Government's legal documents on Export Tariffs, Preferential Import Tariffs, List of goods and absolute tax rates, mixed taxes, import tax outside the tariff quota and amending and supplementing documents (if any).

For unprocessed tobacco leaves: In case the amount of imported unprocessed tobacco leaves exceeds the quota specified in Appendix II issued with this Decree but is still within the total quota according to the WTO and ensures the conditions specified in Vietnam's legal documents on tariff quota, this quantity will be subject to preferential import tax rates specified in Government's legal documents on Export Tariffs, Preferential Import Tariffs, List of goods and absolute tax rates, mixed taxes, import taxes outside the tariff quota and amending and supplementing documents (if any). In case the amount of imported unprocessed tobacco leaves exceeds the quota specified in Appendix II issued with this Decree and is outside the total quota according to the WTO, the out-of-limit import tax rate will apply quota for unprocessed tobacco leaves according to the provisions of the Government's legal documents on Export Tariffs, Preferential Import Tariffs, List of goods and absolute and mixed tax rates, import tax outside the tariff quota and amending and supplementing documents (if any).

The quantity of unprocessed rice and tobacco leaves imported in the cases specified in Points a and b of this Clause are not included in the quota quantity of the corresponding product specified in Appendix II promulgated together with this Decree:

- Rice products invested in by Vietnamese enterprises, households, business households, and individuals grown in Cambodian provinces adjacent to Vietnam's border are imported to Vietnam according to regulations of the law on current export tax and import tax.

- Unprocessed rice and tobacco leaves originating from Cambodia imported by Vietnamese enterprises to Vietnam for re-export to other markets comply with the temporary import and re-export mechanism of the Government of the Socialist Republic of Vietnam and regional and international agreements signed by both parties.

This Decree takes effect from the date of signing until December 31, 2024.