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LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

Ministry of Industry and Commerce

                                                             Department of Foreign Trade Policy                                                             

No: 0280/MOIC.DFTP

Vientiane, dated 27 February 2017

Instruction

On the implementation of some articles of Border Trade Agreement between the Government of Lao’s People Democratic Republic and the Government of the Socialist Republic of Vietnam.

 

• Pursuant to the structure and implementation of Ministry of Industry and Commerce, No 552/PM, dated 23 December 2011.
• Pursuant to the Border Trade Agreement between Lao PDR and Viet Nam. Dated 27 June 2015.

 

            To increase and implement the Border Trade Agreement between Lao-Vietnam more properly and efficiently. Minister of Industry and Commerce issuing the instruction on the implementation of some articles of preferential treatment from Vietnam and obligation of Laos need to implement as follows:

 

1. Preferential treatment Vietnam’s privilege to Laos

 

            The agreement ranks the level of preferences of the Socialist Republic of Vietnam for Lao PDR in 03 levels.

1. Border district level

            Article 5.4 of the Lao-Vietnam Border Trade Agreement stipulates that: manufactured goods, livestock and industrial crops grown by people living in border areas of the Lao PDR and certified by relevant authorities of Laos, including sanitary and phytosanitary certificates, it shall be exempt from import duty and taxes when importing into Vietnam and do not need for any license, no need to pass a sanitary and phytosanitary inspection, technical measures and food safety inspections, except in case of notification by any party under contacting party regarding the risk of a particular commodity.

 

2. Border provincial level

            Article 7 of the Lao-Vietnam Border Trade Agreement specifies that

1. Manufactured and unprocessed agricultural products, livestock and industrial crops grown by the people and businesses living in border areas of the Lao PDR under the investment of Vietnamese investors in accordance with the laws and regulations of each party, it shall be exempt from import duty and VAT while import to Vietnam as indicated in Annex 2 of contract Agreement.

2.2. Manufactured goods, livestock and industrial crops grown by people and businesses living in border areas of the Lao PDR under the investment of Vietnamese investors in accordance with the laws and regulations of each party, it shall be exempt from import tariffs based on when importing Vietnam as indicated in Annex 2 of contract Agreement.

2.3. Manufactured goods, livestock and industrial crops grown by the people and businesses living in the border provinces of Lao PDR under the investment of Vietnamese investors in accordance with the laws and regulations of each party, it shall not be subject to quotas and other import permits when importing into Vietnam.

3. National level

            No. 1 of Article 6 specifies that Vietnam shall impose a 0% tariff priority on goods originating

from the Lao PDR as specified in Annex 01 of the Agreement. Lao Trade Officials must issue a Certificate of Origin for goods imported to Vietnam.

            All provinces of the Lao PDR, including Vientiane Capital, may apply to the Vietnamese side the privileges granted to Laos as mentioned in No.1 of Article 6.

            The Provincial Department of Industry and Commerce and Vientiane Capital are issuing certificate of origin for goods imported to Vietnam as indicated in Annex 01 of the Agreement. For the application of Certificate of Origin has to comply with Article III of this instruction.

            The Provincial Department of Industry and Commerce and Vientiane Capital should consider issuing the Certificate of Origin as soon as the document is completed, it is no later than 02 working days.

II. The obligations of the Lao PDR shall be fulfilling

           

            In order to exercise the privilege as above mentioned in article I of this instruction, authorized Laos officials must issue a CO, Certificate of no disease of plant, animal and food imported to Vietnam which the Vietnamese authorized authority must recognize that.

 

III. Application for Certificate of Origin

 

            Individuals, businesses, or companies wishing to exercise the privileges as specifies in the Lao-Vietnam Border Trade Agreement shall follow:

1. The application form prescribed by the Foreign Trade Policy Department, Ministry of Industry and Commerce.

2. A copy ID card or census book.

3. Copy of ID card or enterprise registration, if a businessman or company.

            The District of Industry and Commerce Office, Provincial Department of Industry and Commerce and Vientiane Capital shall consider issuing the CO as soon as the document is complete, no later than 02 working days.

IV. Scope of Certificate of Origin

           

            Certificate of Origin issued by the Provincial Department of Industry and Commerce, Vientiane Capital, District of Industrial and Commercial Offices can only be used in their area of ​​responsibility.

V. Implementation

1. To the Foreign Trade Policy Department, Department of Import and Export, Ministry of Industry and Commerce, Vientiane Capital and Provincial Department of Industry and Commerce and District of Industrial and Commercial to disseminate to all stakeholders within their responsibility to be fully and effectively and efficiency implemented.

2. In exercise if any problems, the authorities have to report to the Ministry of Industry and Commerce and coordinate with relevant agencies for timely resolution.

3. In case there is some provision of this Agreement which this instruction does not refer to, it is important to consider the content of the Border Trade Agreement between the Government of Lao PDR and the Government of Vietnam.

 

Minister

Ms. Khemmani Pholsena