On 26 June, the Prime Minister ratified Decree 57/2019/ND-CP, which sets out Vietnam’s preferential export & import tariffs for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”).
These Vietnam’s CPTPP preferential export & import tariffs are applicable to goods exported to or imported from CPTPP member states, which include Australia, Canada, Japan, Mexico, New Zealand, and Singapore.
Decree 57 was issued on 26 June whereas the CPTPP has now been in effect in Vietnam since 14 January 2019. Thus, if exports/imports were declared with Customs from 14 January up to the effective date of the Decree, and qualify for application of the preferential tariffs prescribed in the Decree but instead attracted a higher duty rate, the exporter-of-record or importer-of-record of such shipments can now claim a duty refund.
In order to be eligible for the preferential export tariffs, the exported goods must have relevant transport documents and overseas import customs declarations showing the destination of the goods is a CPTPP member state.
At the time of exportation, a Vietnamese exporter will complete the export customs declaration with the standard export tariffs and pay relevant export duty to Customs, if the exported goods are subject to export duty. Within one year from the date of the export customs declaration, the Vietnamese exporter can submit a copy of the transport document and a copy of the overseas import customs declaration to apply for the CPTPP preferential export tariffs. The exporter will then need to complete an amended declaration to the initial export customs declaration and claim a duty refund.
Decree 57 came into effect from its signing date and Customs will inspect the Certificate of Origin Form CPTPP submitted by Vietnamese importers for their inbound shipments to check for compliance with the rules of origin specified in the CPTPP.