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Vanuatu Sessional Legislation |
REPUBLIC OF VANUATU
Import Duties (Consolidation) (Amendment) Act 2023
No. 24 of 2023
Arrangement of Sections
1 Amendment
2 Commencement
REPUBLIC OF VANUATU
Assent: 29/12/2023
Commencement: 29/12/2023
Import Duties (Consolidation) (Amendment) Act No. 24 of 2023
An Act to amend the Import Duties (Consolidation) Act [CAP 91].
Be it enacted by the President and Parliament as follows-
The Import Duties (Consolidation) Act [CAP 91] is amended as set out in the Schedule.
2 Commencement
This Act commences on the day on which it is published in the Gazette.
AMENDMENTS OF IMPORT DUTIES (CONSOLIDTION) ACT [CAP 91]
1 Subsection 1(1)
Repeal the subsection, substitute
“(1) Custom import duties must be levied on all goods imported into Vanuatu at the rates set out under Schedule 1.
- (1A) Despite subsection (1), customs import duty is not payable for any items set out in Schedule 3 under the circumstances or to the extent as specified in that Schedule.”
2 Schedule 1 – Chapter 96- After tariff item 9619.00.00
Insert
“
Tariff Item | Description | Unit Qty | Import Duty Rate | Excise Duty | Import Vat | SITC Code | Export Duty Rate |
9619.00.10 | Non-reusable napkins (diapers) | kg | Free | Free | 15% | 0642.95 | Free |
9619.00.90 | Others | kg | Free | Free | 15% | 0642.95 | Free |
”
3 Schedule 1 – Parts 2A, 2B and 3
Repeal the Parts.
4 After Schedule 2
Insert
“SCHEDULE 3
The goods listed in this Schedule is to, by reason of the purpose for which they have been imported or are intended to be used, be either exempted from duty or liable to duty at lower rates than those to which they would be liable under the terms of Schedule 1, provided that in each case any conditions specified hereunder are complied with.
If any condition affecting the goods listed in this Schedule is not fulfilled after the goods leave customs control, the Director of Customs may disallow the concession and collect duty at the rate applicable under Schedule 1 and such collection is to be without prejudice to action that may be taken under any law for the time being in force.
Additional Notes
1. Unless the context otherwise requires, all references to column numbers in these Notes are to be taken to apply to the columns in this Schedule.
2. Subject to the provisions of Note 3 below, and of any other qualifying Note of this Schedule, goods are to be entered at the rates of import duty prescribed in column (4), instead of any higher rates of import duty applicable in Schedule 1.
3. Application of the concessional rates of import duty is governed by the following conditions:
- a) that the concession claimed at the time of importation or at the time of clearance from a customs-controlled area by the person or body specified in column (2) of Schedule 3; and
- b) that where applicable, the goods are of a kind answering to a name or description specified in column 3; and
- c) that any condition in column (7) specifying the use of the goods, is to be taken, inter alia, to limit such goods to the type, kind or quantity suitable for such uses; and
- d) that all conditions specified in column (7) and any additional conditions that may be specified by the Director under Note 7 are fulfilled, provided that:
- I. when any condition affecting the goods is not fulfilled or used for any other purpose other than which they have been approved, after the goods leave customs control, the director may disallow the concession and collect the rate of duty applicable under Schedule 1; and
- II. such collection is to be without prejudice to action under any other law for the time being in force.
- e) that, where applicable in column (8), a certificate is submitted in accordance with Notes 4 and 5 below; and
- f) that the Director of Customs, in his discretion, accepts goods for entry at the rates of duty under this Schedule.
4 Except in the cases of goods which an officer of customs accepts as accompanied goods, schedule 3 of duty concessions are claimed by endorsing on the prescribed customs entry the relevant Code number of column (1) of this Schedule and the relevant item number of column (1) of this schedule. Where it is indicated in column (8) that a certificate is required, such certificate is to be endorsed on the letter of authority or documents lodged with the customs declaration and is to take the following form:
I hereby certify that the goods to which this declaration applies are imported by/ supplied to ........................................................................................................................................... (Name of person or body in respect of which the concession is claimed) Airway Bill/Bill of Lading Reference Number: .............................................................................. And duty concession is claimed under Code No. ........................ of Schedule 3 to the Import Duties Act (Cap 91) subject to
the conditions herein specified. Signature................................. Name..................................... Date...................... Status |
The Director of Customs may require the submission of specimen signatures by any person who is to sign a certificate under column (7).
5 Unless the contrary is stated or the context otherwise requires, goods specified in column (3) is to:
- a) Be imported by or on behalf of the person or body specified in column (2); or
- b) Not be delivered ex bond without the express approval of the Director of Customs
6 For the purposes of Code No.008, the expression “personal effects” are not to be taken to apply to cigarettes, cigars, tobacco, wine and alcoholic beverages.
7 For the purposes of Code No. 001, the expression “raw materials” are to be taken to apply to goods in their natural state before processing or manufacture, or components which are used in the creation of a final manufactured product.
8 Notwithstanding the conditions specified in column (7) of Codes No. 001 to 044, the Director may reject or approve the concession and impose additional conditions for the protection of the revenue.’
9 The disposal or use of approved goods in column (3) for purposes other than that which the concession is granted, within a period of 5 years of importation, be subject to duty payment as provided in Schedule I of the Import Duties Act (CAP 91).
(1) Code No. | (2) Person or Bodies | (3) Goods Eligible for Duty Concession | (4) Import Duty Rate | (5) Excise Duty Rate | (6) Import VAT | (7) Conditions | (8) Certificate to be signed by |
| SECTION 1 – ECONOMIC RELIEFS | ||||||
001 | A producer or manufacturer of goods in Vanuatu | a) Raw materials for the manufacture of approved goods including goods to which 27.10 refers b) Packaging and labelling materials for transport of completed products c) Equipment’s used to establish a new manufacturing enterprise d) Movable item including goods carrying vehicle excluding passenger carrying vehicle | Free | Free | 15% | (a) That the finished goods arising from the manufacture or processing operation shall, in the interests of consumer protection, satisfy
the Director of Industry in respect to their quality, quantity, and value. (b) Fuel stated under column 3 (a) is to be used solely for the purpose of manufacturing and production. | The Director, Dept. of Industry |
002 | A person or company | a) Building materials, equipment’s, fixtures and fittings, furniture’s, cutleries, movable items, excluding all vehicle
types. b) Boats and other floating apparatus, specifically for approved tourism projects. | Free | Free | 15% |
| The Director Dept. of Tourism |
003 | A person or organization | Boats, boat building material, fishing equipment, marine motors, refrigeration, solar equipment and fuel. | Free | Free | 15% |
Excluding game fishing | The Director Dept. of Fisheries |
004 |
| Diesel fuel to which 2710.12.20 refers | Free | 10 Vt/l | 15.% |
| The Director Dept Customs & Inland Revenue |
005 | A person or a company |
| Free | Free | 15% |
| Commissioner Office of the Maritime Regulator. |
006 | A person or company | Machinery and equipment | Free | Free | 15% |
| The Director Dept. Geology and Mines |
007 | A person or company |
| Free | Free | 15% |
| The Director of Lands Survey and Registry |
| SECTION 2 – PERSONAL RELIEFS | ||||||
008 | A person or organization | Unaccompanied personal and household effects:
| Free | Free | Free |
This concession is granted as the Director may permit. | The Director of Customs & Inland Revenue |
009 | A Person employed in the sessional workers scheme (RSE/SWP) or any other similar scheme. | Unaccompanied personal effects imported by persons employed in the seasonal worker’s scheme. | Free | Free | Free |
| The Director of Customs & Inland Revenue |
010 | A bona fide passenger finally disembarking in Vanuatu, over 18 years of age. | Standard Allowances. (a) Tobacco products
(b) Alcohol
(c) Toilet water not exceeding 250 milliliters | Free | Free | Free | (a) The goods are not for sale
| No customs entry or certificate required. |
011 | A bona fide passenger finally disembarking in Vanuatu | Accompanied personal effects including professional instruments, apparatus, tools and implements | Free | Free | Free | (a) That the goods are owned by the passenger at the time of arrival in Vanuatu and are for personal use, not in commercial quantities or for commercial purposes. | Customs entry or certificate not required |
012 | A person or organization | Books, publications, documents, periodicals and magazines or any value imported by parcels post or air freight (with the exception
of goods falling within 4911.10.00). | Free | Free | Free | a) The import taxes payable is less than 5,000 Vatu calculated on a customs value (excluding commercial items) | The Director of Customs & Inland Revenue |
| SECTION 3 – CHARITABLE RELIEFS FOR NON-PROFIT ORGANISATIONS | ||||||
013 | The office of the Prime Minister or President of the Republic of Vanuatu | Medals and Official decorations approved by the Government of Vanuatu | Free | Free | Free | The goods are for presentation at government sanctioned ceremonies | The Prime Minister or President of the Republic of Vanuatu |
014 | (1) Registered Charitable Organizations under Vanuatu Financial Services Commission (VFSC) (2) Non-Vanuatu resident, individuals | Goods as approved by the Director, Dept. of Customs & Inland Revenue | Free | Free | Free |
c) That the person or organization in column 2 must provide the list of the goods to be distributed to the recipients and the contact
details. | The Director, Dept. Customs & Inland Revenue |
015 | A youth organization, Girl Guides, Boy Scouts | Uniforms, emblems, and insignia imported for use by the Girl Guides and Boy Scouts and other youth organizations recognized by the
Government of Vanuatu or the Vanuatu Christian Council for this purpose | Free | Free | Free | Goods must be imported by the organizations themselves and by a third party for distribution | Girl Guides or Boy Scouts Association; Vanuatu Christian Council |
016 | An individual, organization or team | Cups medals, shields and similar trophies specifically for bestowal as an honorary distinction or prize to an individual or team in
Vanuatu; or similar trophies gained abroad by Vanuatu residents. | Free | Free | Free | The goods are imported by individuals, teams or sporting organizations. They cannot be imported for resale. | The Director Dept. Customs and Inland Revenue |
017 | The Red Cross | All goods imported by The Red Cross | Free | Free | Free | That the goods are imported for donation and/or free distribution. | The Director of Customs and Inland Revenue |
018 | Sporting Organizations or schools registered with Vanuatu Association of Sporting and National Olympic Committee (VASNOC) | Sports equipment, tools, movable items, including goods such as sports uniforms and football boots and similar goods which are not
for resale | Free | Free | Free | a) That the goods are donated and are imported by a sporting organization or school in Vanuatu b) The imported goods are not for sale. | Director responsible for Youth Development and sports. |
019 | Churches whether or not registered under Vanuatu Christian Council. | Building materials; furniture and furnishing including altars; musical instruments, altar bread and altar wine; bibles and hymnals
used in divine service; materials bearing church logo’s; Christian literatures. | Free | Free | Free | The goods are for the sole use of the church and are not intended for resale or otherwise disposed of in any manner. | VCC or the Office Bearer of the church or mission for which the goods are intended. |
020 | A school or educational institution |
| Free | Free | Free | The goods are only for schools and educational institutions registered with the Department of Education or Educational Institutions
privately owned. | The Director of Education or Dean of University or College |
| SECTION 4 – TEMPORARILY IMPORTED GOODS | ||||||
021 | An individual, corporation or organization | Goods imported for the following purposes:
| Free | Free | Free |
| The Director Dept. Customs and Inland Revenue |
022 | Goods imported for supply to foreign-going vessels and aircraft |
| Free | Free | Free | That the goods specified in column (3) are solely for use in an international air or shipping service; or are intended solely for
use of passengers or crew during a foreign voyage or flight. | The person approved by the Director of Customs and Inland Revenue, |
023 | Foreign-going vessels, small-crafts and aircrafts arriving and departing Vanuatu. | Ships, small-crafts and aircrafts | Free | Free | Free | a) That the vessel or small-craft arrive solely for pleasure cruising in Vanuatu for a period not exceeding 12 months. b) That the vessel, or aircraft is arriving for unloading imported or loading exported goods and shall be in Vanuatu for a period
not exceeding 3 months after the arrival. c) The vessel cannot be sold, lent, rented, charted, disposed of or used for any commercial purposes. | The Director Dept. of Customs & Inland Revenue. Customs entry not required |
024 | Master or agent of a “Super Yacht” | Vessels valued in excess of 50,000,000VT | Free | Fee | 15% | For Charter The vessel must hold current internationally recognized survey certificates permitting charter; and
For Personal Use (a), (b) and (c) above. | Locally appointed agent approved by the Director of Customs & Inland Revenue. Customs entry not required |
025 | A person or organization | Goods imported for Commercial Samples by or on behalf of the Government of Vanuatu or non-government groups or organizations | Free | Free | Free |
| The Director of Customs & Inland Revenue |
| SECTION 5 - RELIEFS FOR THE PROMOTION OF NATIONAL SAFETY, SECURITY, HEALTH AND WELL-BEING, CREMAINS AND CORPS | ||||||
026 | a) Vanuatu Police Force b) Vanuatu Mobile Force c) Police Maritime | Goods imported exclusively for the use by National Law and Order Enforcement. | Free | Free | Free | Provided that such goods are for the use solely for law enforcement and national security (Excluding all fuel types and vehicles). | The Director Customs and Inland Revenue. |
027 | An individual, corporation or organization | a) Fire engines; trailers for fire-fighting purposes; fire extinguishers; other equipment and appliances of a specialized nature for
firefighting purposes and identifiable as such includes headings 3917, 4009, 4203, 5909, 6201, 6203, 6401, 6402, 6506, 6812, 7307,
7311, 7325, 7412, 7419, 7609, 7613, 8201, 8205, 8307, 8405, 8413, 8414, 8424, 8425, 8426, 8481, 8531, 8705, 8716, 9013, 9405 and
such headings as the Director may approve. | Free | Free | Free | The goods imported are not for sale. | The Director Dept. Customs & Inland Revenue |
028 | An individual, corporation or organization | Lifebelts, life buoys, , buoyancy apparatus, distress flares, and pyrotechnic devices used in life saving, protective and crash helmets, other life saving devices, including components and specialized materials for servicing said appliances and identifiable as such Includes headings 3604, 3926, 4016, 4503, 4504, 6307, 6506, 7020, 9303 and such headings as the Director may approve. | Free | Free | Free | | The Director of Customs and Inland Revenue |
029 | A person or organization | a) Medical supplies including pharmaceutical products, medical equipment and materials, professional tools, instruments and apparatus. c) Vehicles (excluding government vehicles), machinery and equipment’s used solely for medical services. | Free | Free | Free | a) The person or company must obtain an approval from the Director responsible for Central Medical Store; b) That the goods are peculiarly adopted to correct a deformity of the human body; substitute any part of the human body; corrective spectacles (and similar goods as the Director may approve) c) The goods must be used solely for medical purpose. | The Director responsible for Vila Central Medical Store |
030 | A person or organization | Goods imported by or on behalf of the Government of Vanuatu or non-government groups or organizations. | Free | Free | Free | Goods imported for disabled persons. Goods (including components and materials used in the manufacture or repair of said goods) imported
for the use of the blind, deaf, dumb and other disabled persons; parts and accessories of wheelchairs; (and such headings as the
Director may approve) | The Director of Customs & Inland Revenue |
031 | The owner, temporary owner or trustee | Engraved tombstones and memorial tablets and coffins containing deceased persons | Free | Free | Free | The goods are for the interment or grave marking in Vanuatu | Immediate family or trustee of the deceased |
032 | The owner or temporary trustee | All goods (including human remains) | Free | Free | Free | The goods were the personal property of a Vanuatu resident who died while temporarily absent from Vanuatu; or the immediate family
of a Vanuatu resident, and are not intended to be used for the purposes of trade and became the property of the owner, temporary
owner, or trustee under the will or the intestacy of the deceased resident, at the time the when the owner, temporary owner or trustee
is resident in Vanuatu. | The owner, temporary owner or trustee |
SECTION 6 – INTERNATIONAL COOPERATION | |||||||
033 | Goods admissible free of duty by virtue of an international convention or agreement signed by the Government of Vanuatu which are
intended for the use of diplomatic, or other entitled organization or missions or for entitled people employed by them. |
| Free | Free | Free |
| The Director of Foreign Affairs |
034 | A person or organization | Goods imported subject to an international agreement, excluding concessional loan agreement for a national development project | Free | Free | Free |
| a) Director of Foreign Affairs b) Authority from donor organization. |
035 | A person or organization | Goods imported by or on behalf of such national development projects as approved by the Council of Ministers (with the exception of
all types of fuel oil and motor vehicles falling within 8702 and 8703). | Free | Free | 15% |
| A person approved by the Council of Ministers (COM) |
SECTION 7 – HUMANITARIAN RELIEF SUPPLIES | |||||||
036 | A person or organization | Goods imported by or on behalf of the Government of Vanuatu or non-government groups or organizations | Free | Free | Free | The goods are for disaster relief, funded by foreign states or international organizations and intended for free distribution for
use in declared disaster areas. | The Director responsible for Disaster Management |
037 | A person or organization or non-resident individual | Unsolicited goods donated by non-resident individual or organization for free distribution | Free | Free | Free | The goods are for disaster relief intended for free distribution for use in declared disaster areas. | Director of Customs and Inland Revenue |
SECTION 8 – TEMPORARY ADMISSION | |||||||
038 | A person or organization | Goods originally entered with customs, but short-landed, short shipped or over-entered and arriving subsequent to the initial entry | Free | Free | Free | Evidence in the form of shipping documents, invoices and declarations of the short-landing or over-entering be presented. | The Director of Customs & Inland Revenue |
039 | A person or organization | Goods exported from Vanuatu and subsequently re-imported in an unimproved state provided it can be shown that:
| Free | Free | Free | Evidence of exportation to be provided. The goods are re-imported within a period of 3 years. | The Director of Customs & Inland Revenue |
040 | A person or organization | Goods exported from Vanuatu which have undergone a value-added process, or repair and are re-imported, provided that:
This also applies to goods totally replaced. | Free | Free | Free | Evidence of exportation and details of costs of value-added processes, parts, labour and freight are dutiable at the substantive rate
for the goods | The Director of Customs & Inland Revenue |
041 | A person or organization | Goods exported from Vanuatu which have undergone a value-added process, repair and are re-imported provided it can be shown that:
This also applies to goods totally replaced. | Free | Free | Free | Evidence in the form of a warranty or guarantee is provided and that any process or replacement was provided gratis. | The Director of Customs & Inland Revenue |
| SECTION 9 – MISCELLANEOUS CONDTIONAL RELIEFS | ||||||
042 | A person or organization | Antiques imported exclusively after being preserved in a foreign state | Free | Free | Free |
| The Director of Vanuatu Cultural Centre |
043 | A person or organization | Aircraft Parts | Free | Free | 15% | Aircraft parts with an airworthy certificate issued by International Civil Aviation Organization. | The Director responsible for Civil Aviation Authority |
044 | Airports Vanuatu Limited (AVL) | Goods imported exclusively for the use of aviation security, aviation safety and aviation navigation (excluding administration vehicles). | Free | Free | 15% | International safety certificate for firefighting equipment, satellite and the like issued by ICAO | The Director responsible for Civil Aviation Authority |
”
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