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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
12/2006/ND-CP
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Hanoi, January 23,
2006
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DECREE
MAKING DETAILED PROVISIONS FOR
IMPLEMENTATION OF THE COMMERCIAL LAW WITH RESPECT TO INTERNATIONAL PURCHASES
AND SALES OF GOODS; AND AGENCY FOR SALE AND PURCHASE, PROCESSING AND TRANSIT OF
GOODS INVOLVING FOREIGN PARTIES
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government dated 25 December 2001; Pursuant
to the Commercial Law dated 14 June 2005;
On the proposal of the Minister of Trade;
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Governing
scope
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2. Goods
being moveable assets, goods servicing the needs of individuals with diplomatic
status, and personal luggage as defined by law are governed by separate
regulations of the Prime Minister of the Government.
Article 2 Applicable entities
Vietnamese
business entities; and other organizations and individuals with activities
relating to commerce as stipulated in the Commercial Law.
Chapter II
IMPORT AND EXPORT OF GOODS
Article 3 Right to conduct the
business of import and export
1. With
respect to Vietnamese business entities without direct foreign invested capital
(hereinafter referred to as business entities):
Business
entities shall have the right to import and export goods irrespective of the
lines of business for which they have business registration, except for goods
on the lists of goods the import and export of which is prohibited or
temporarily suspended.
Branches
of business entities shall be permitted to import or export goods as authorized
by the business entities.
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When
business entities, companies and branches conduct commercial activities within
the governing scope of this Decree, in addition to complying with this Decree,
they must also comply with other relevant laws and undertakings of Vietnam in international treaties to which the Socialist Republic of Vietnam is a member.
Based on
current law and international treaties, the Minister of Trade shall announce
the schedule for and the scope of business activities of the business entities
stipulated in this clause.
Article 4 Procedures
for import and export
1. Any
business entity wishing to import or export goods for which import and export
is subject to issuance of a permit must have a permit from the Ministry of
Trade or other ministry managing the specialized industry.
2. Import
and export goods must comply with the relevant regulations on plant quarantine
and on hygiene, safety and quality of foodstuffs and shall be subject to
inspection by the specialized industry State administrative bodies prior to
customs clearance.
3. Goods
not on the lists of goods the import and export of which is prohibited or temporarily
suspended, and not being goods stipulated in clauses 1 and 2 of this article
shall only be subject to customs clearance procedures at the customs
bordergate.
Article 5. Goods the
import or export of which is prohibited
1. The
list of goods the import or export of which is prohibited is promulgated with
this Decree (Appendix 1).
2. The
Government shall issue any decision amending the list of goods the import or
export of which is prohibited, on the basis of proposals of the Minister of
Trade.
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Article 6 Goods for
which import and export is subject to issuance of a permit
1. The
list of goods for which import and export is subject to issuance of a permit is
promulgated with jthis Decree (Appendix 2).
2. With
respect to goods exported pursuant to quotas stipulated by foreign countries,
the Minister of Trade shall reach agreement with ministries managing
manufacture and with goods industry associations to fix the method for
allocating quotas; and shall ensure publicity, transparency and reasonableness.
3. With
respect to goods on the list of imports subject to management pursuant to
tariff quotas, the Ministry of Trade shall announce the volume of the tariff
quota and the method for operating importation of each line of goods after
consultation with the Ministry of Finance and relevant ministries managing
manufacture; the Ministry of Finance shall preside over co-ordination with
relevant ministries and bodies managing manufacture and with the Ministry of
Trade to decide and announce import duties applicable to goods [imported]
within or outside the tariff quota.
4. With
respect to goods on the list of import and export pursuant to automatic
permits, the Ministry of Trade shall announce [the list] and organize
implementation from time to time.
Article 7 Goods for which import
and export is subject to issuance of a permit by the ministry managing the
specialized industry
1. The
list of import and export goods subject to specialized industry management and
the principles applicable in each specialized industry are promulgated with
this Decree (Appendix 3).
2.
Permit-issuing bodies must publicly announce the criteria and conditions for
issuance of permits; and the procedures for issuance of permits must be
correctly conducted in accordance with Regulations on procedures for issuance
of import permits promulgated by the Prime Minister of the Government.
Article 8 Import and export
goods shall be subject to plant quarantine, inspection for hygiene and safety
of foodstuffs, and inspection for compliance with quality standards prior to
customs clearance
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2. The
Ministry of Health shall announce the list of goods which must be inspected for
hygiene and safety of foodstuffs prior to customs clearance, and shall regulate
the specific criteria for all types of goods on the list.
3. The
Ministry of Science and Technology shall announce the list of import and export
goods which must be inspected to ensure compliance with compulsory quality
criteria and standards prior to customs clearance, and shall regulate the
specific criteria for all types of goods on the list.
Article 9 Announcement
of list of goods code numbered HS and amendment to the lists of goods set out
in Appendices 1, 2 and 3
1. The
Ministry of Trade and ministries managing specialized industries shall reach
agreement with the Ministry of Finance to announce the HS code numbers on the
Import and Export Tariff Duty List which apply to the lists of goods set out in
Appendices 1, 2 and 3 of this Decree.
2. The
Government shall issue any decision amending the lists of goods set out in
Appendices 2 and 3 of this Decree on the basis of proposals of the Minister of
Trade and ministries managing specialized industries.
Article 10 A number
of lines of goods which may be imported or exported pursuant to discrete
provisions
1.Export
of all types of rice and rice goods
Business
entities from all economic sectors shall be permitted to export uncooked rice
and rice goods.
The
Ministry of Trade shall preside over coordination with the Ministry of
Agriculture and Rural Development and with people's committees of provinces
which have a large local output of rice goods, and with the Vietnam Association
of Food Growers in order to manage the annual export of rice in accordance with
the following principles; ensuring the security of foodstuffs, that all quantities
of rice goods are sold, that the price of these goods is beneficial for
farmers, and that there is a uniform level price of these goods throughout the
country; and shall recommend to the Prime Minister of the Government solutions
for dealing with issues if the above principles are not in harmony.
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The
Ministry of Trade shall formulate Regulations so that step by step these
contracts shall be subject to tendering.
2. Import
of petrol and fuel
Import of
petrol and fuel shall be implemented in accordance with current Regulations of
the Prime Minister of the Government.
3. Import
of all types of second-hand cars
All types
of second-hand cars which are imported must satisfy this condition: they are
not over five years old, calculated from the date of manufacture up until the
year of import.
4. Re-export
of imported essential commodities for which the State guaranteed foreign
currency balancing for import.
All lines
of import goods in respect of which the State insures foreign exchange
requirements for importation shall only be permitted to be re-exported when
payment is made in a freely convertible foreign currency.
The
Ministry of Trade shall announce a specific list of these goods from time to
time and shall organize implementation.
5. Import
of cigarettes and cigars.
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6. Import
and export of goods servicing national defence and security.
The
import and export of goods servicing national defence and security shall be
implemented pursuant to decisions of the Prime Minister of the Government.
Based on
decisions of the Prime Minister of the Government, the Minister of Police and
the Minister of Defence shall provide Regulations on issuance of permits to
implement such importation and exportation.
7. Import
of all types of wood from countries with common borders.
The
Ministry of Trade shall provide specific guidelines on the import of all types
of wood from countries with common borders in accordance with the Law of
Vietnam, the Laws of the countries concerned, and the relevant agreements Vietnam has made with such countries.
Article 11 Temporary suspension
of importation or exportation of goods
Where
necessary, the Prime Minister of the Government shall decide to temporary
suspend importation or exportation to or from certain markets or of certain
types of goods in order to ensure security and all types of national interests,
consistent with the law of Vietnam and international treaties to which the
Socialist Republic of Vietnam is a member. Decisions of the Prime Minister of
the Government shall be publicly announced for the information of domestic and
foreign organizations and individuals.
The
Ministry of Trade shall inform relevant international economic organizations
and countries in accordance with the agreed procedures (if any) when there is
any specific decision of the Prime Minister of the Government temporarily
suspending importation or exportation of goods.
Chapter III
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Article 12 Goods temporarily
imported for re-export
1.Business
entities shall have the right to conduct business in the temporary import and
re-export of goods pursuant to the following provisions:
(a)
Business entities must have a permit from the Ministry of Trade in order to
temporarily import for re-export goods on the lists of goods the import and
export of which is prohibited or temporarily suspended, or goods on the lists
in appendices 2 and 3 of this Decree (if there are regulations on issuance of
permits for such goods);
(b)
Business entities must have a permit from the Ministry of Trade in order to
temporarily import for re-export goods on the lists of goods the import and
export of which is prohibited or temporarily suspended, or goods on the lists
in appendices 2 and 3 of this Decree (if there are regulations on issuance of
permits for such goods);
(c) With
respect to goods other than those stipulated in clause 1 of this article,
business entities shall only be required to conduct procedures at the customs
bordergate for temporary import for re-export.
2. Goods
which are temporarily imported into Vietnam for re-export shall only be
permitted to be circulated in Vietnam for one hundred and twenty (120) days as
from the date of completion of customs procedures for temporary import. If this
time-limit needs to be extended, business entities must forward a written
application to the customs department of the province or city where the
original procedures were conducted, and the duration of any one extension shall
not exceed thirty (30) days and there shall be no more than two extensions
permitted for each consignment of goods temporarily imported for re-export.
3. Goods
temporarily imported for re-export shall be subject to customs procedures on
importation into Vietnam and shall be subject to customs supervision for the
entire period until their re-exportation from Vietnam.
4.
Payment of goods by way of temporary import for re-export must comply with
regulations on foreign exchange control and other guidelines of the State Bank
of Vietnam.
5.
Temporary import for re-export shall be implemented on the basis of two
separate contracts, namely an import contract and an export contract signed by
the Vietnamese business entity with the foreign business entity. The export
contract may be signed either before or after the import contract.
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1. Goods
being equipment, machinery, processing facilities, models and samples not on
the lists of goods the import and export of which is prohibited or temporarily
suspended shall be permitted to be temporarily imported for re-export pursuant
to a contract of lease signed between a Vietnamese business entity and a
foreign business entity in order to conduct manufacturing or processing. The
procedures for temporary import for re-export shall be resolved at the customs
bordergate. The temporary import for re-export of all types of import and
export goods in the category of management by permit shall be implemented in
accordance with the provision in clause 1(a) of article 12.
2. The
duration of temporary importation for re-export shall be as stipulated in the
agreement between the two business entities and shall be registered with the
bordergate customs.
3 Business
entities shall have the right to temporarily import goods which they previously
exported for reprocessing and which they warranted at the request of the
foreign business entity and re-exported for receipt by the foreign business
entity. Procedures for temporary import for re-export shall be resolved at the
bordergate customs.
Article 14 Temporary
export for re-import
1.
Business entities shall be permitted to temporarily export for re-import all
types of machinery, equipment and means of transportation in order to repair,
warrant, manufacture, process and lease them to foreign parties. Procedures for
temporary export for re-import shall be regulated as follows:
(a) Goods
on the lists of goods the import and export of which is prohibited or
temporarily suspended, and goods on the lists in appendices 2 and 3 issued with
this Decree (if there are regulations on issuance of permits for such goods)
must have a permit from the Ministry of Trade;
(b) With
respect to goods other than those in the category stipulated in clause 1 of
this article, business entities shall only be required to conduct procedures
for temporary export for reimport at the customs bordergate.
2. The duration
of temporary export for re-import shall be implemented as agreed between the
business entities and the duration shall be registered with the bordergate
customs.
3. Goods
temporarily exported as stipulated in this article shall be permitted to be sold,
donated or returned to the foreign customer, or used as assets to contribute
capital to a joint venture investment overseas in accordance with a contract
between the business entity and a foreign party, except that goods temporarily
exported for re-import in the category of goods stipulated in clause 1 of this
article must have a permit from the Ministry of Trade prior to performance of
the contract with the foreign party. Procedures for customs clearance of
consignments of temporarily exported goods shall be resolved at the customs
bordergate where procedures are conducted for the temporary export.
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Article 15 Transhipment
of goods
Business
entities shall have the right to conduct the business of transhipment of goods
pursuant to the following provisions:
1. Except
for the goods stipulated in clause 2 of this article, it shall be permitted to
conduct business in all types of goods by way of transhipment. Transhipment
procedures at Vietnamese bordergates shall be resolved by the bordergate
customs.
2. With
respect to goods on the lists of goods the import and export of which is
prohibited or temporarily suspended, and goods for which import and export is
subject to issuance of a permit, a business entity shall be permitted to
tranship goods via Vietnamese bordergates after it has a permit from the
Ministry of Trade. Business entities shall not be required to apply for a
permit from the Ministry of Trade for the carriage of goods without passing
through the bordergates of Vietnam.
3.Goods
which are transported via the bordergates of Vietnam shall be subject to
customs inspection up until the time they are actually exported from Vietnam.
4.
Payment of money or goods by way of conducting the business of transhipment
must comply with the regulations on foreign exchange control and other
guidelines of the State Bank of Vietnam.
5.
Transhipment of goods shall be implemented on the basis of two separate
contracts, one for the purchase of goods signed by the Vietnamese business
entity with the foreign exporting business entity, and a second for the sale of
goods signed by the Vietnamese business entity with the foreign importing
business entity. The contract for the purchase of goods may be signed either
before or after the contract for the sale of goods.
Article 16 Fighting illegal
carriage of goods
In order
to prevent the illegal carriage of goods, to fight commercial fraud and to
protect the reputation of export goods of Vietnam, in necessary cases the
Minister of Trade shall report to the Prime Minister of the Government prior to
announcing a list of lines of goods in which business in the form of temporary
import for export and transhipment of goods is temporarily suspended.
Regulations on the conditions applicable to a number of lines of goods or
promulgation of a list of goods in which business may be conducted pursuant to
this method must have permission from the Ministry of Trade.
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IMPORT AND EXPORT OF GOODS BY AUTHORIZED DEALERS
Article 17 Import
and export of goods by authorized dealers
A
business entity [the principal] shall be permitted to authorize another
business entity [the authorized dealer] to import or export or to act as the
authorized dealer receiving import or export from another business entity of
all types of goods, except for goods on the lists of goods the import and
export of which is prohibited or temporarily suspended.
Article 18 Import and export by
authorized dealers of goods subject to issuance of a permit
With
respect to import and export goods subject to issuance of a permit, as
stipulated in this Decree, the principal or the authorized dealer must have an
import or export permit prior to either party signing the contract of
authorized dealership.
Article 19 Import and export of
goods by non-business entities pursuant to an authorized dealership
Vietnamese
organizations and individuals shall, subject to their signing a contract of
authorized dealership, be permitted to import and export goods to service the
requirements of such organization or individual, except for goods on the lists
of goods the import and export of which is prohibited or temporarily suspended.
Article 20 Rights and
obligations of principals and of authorized dealers
The
rights and obligations of principals and of authorized dealers shall be as
agreed by the parties in the contract of authorized dealership for the import
or export of goods.
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AGENCY FOR SALE AND PURCHASE OF GOODS INVOLVING FOREIGN BUSINESS ENTITIES
SECTION 1. AGENCY FOR SALE AND
PURCHASE OF GOODS FOR FOREIGN BUSINESS ENTITIES
Article 21 Business entities
which may act as agents for sale and purchase of goods for foreign business
entities
1. A
business entity shall be permitted to act as an agent for the purchase or sale
of all types of goods for a foreign business entity, except for goods on the
lists of goods the import and export of which is prohibited or temporarily
suspended. With respect to goods on the list for which import or export is
subject to issuance of a permit, the business entity shall only be permitted to
sign a contract after the Ministry of Trade has issued a permit.
2. In a
case where the law contains a specific provision that a principal may only sign
an agency contract with one agent with respect to any one type of goods or
specified service, then the business entity must comply with such law.
3. Business
entities shall be permitted to make payment for the sale of goods by authorized
dealers by Vietnamese dong or by foreign currency to the foreign business
entity in accordance with the regulations on foreign exchange control and
guidelines of the State Bank of Vietnam, or shall be permitted to make payment
by goods not on the lists of goods the export of which is prohibited or
temporarily suspended. If payment is made by way of goods for which export is
subject to issuance of a permit, then there must be a permit issued by the
competent body.
4. A
business entity acting as an authorized dealer for the purchase of goods must
require the foreign business entity to remit freely convertible foreign
currency via a bank in order to purchase the goods in accordance with the
agency contract.
Article 22 Tax obligations
1.Goods
under sale and purchase agency contracts shall be subject to taxes and other
financial obligations in accordance with the law of Vietnam.
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Article 23 Import and export
procedures
Goods
under sale and purchase agency contracts with foreign business entities shall,
on import and export, be subject to the same procedures as in the case of
import and export goods stipulated in clauses 1, 2 and 3 of article 4 of this
Decree.
Article 24 Return of goods
Goods
under agency contracts for sale for foreign business entities in Vietnam must be re-exported if they are not able to be sold in Vietnam. Tax refunds shall be carried
out in accordance with regulations of the Ministry of Finance.
SECTION 2. ENGAGING FOREIGN BUSINESS ENTITIES TO CONDUCT SALE
AGENCY OVERSEAS
Article 25. Engaging
foreign business entities to conduct sale agency overseas
1.
Business entities shall be permitted to engage foreign business entities to
conduct sale agency overseas for all categories of goods, except those on the
lists of goods the export of which is prohibited or temporarily suspended. With
respect to goods on the list of goods the export of which is subject to
issuance of a permit as stipulated in this Decree, business entities may only
enter into contracts for sale agency overseas after they have been issued with
a permit by the Ministry of Trade.
2.
Business entities engaging agents to sell goods overseas must enter into an
agency contract with a foreign business entity and must remit to Vietnam all revenue received from the sale agency contract in accordance with regulations on foreign
exchange control and guidelines of the State Bank of Vietnam.
3. In
cases where payments from sales of goods by agents are received in kind, the
business entity must comply with the current law regarding imported goods.
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1. Goods
under overseas sale agency contracts shall be subject to taxes and other
financial obligations in accordance with the law of Vietnam.
2. Business
entities shall be responsible to register, declare and pay all types of taxes
and to fulfil other financial obligations arising in relation to engaging
foreign business entities to conduct sale agency overseas, in accordance with
guidelines of the Ministry of Finance.
Article 27 Return of goods
1. Goods
exported under overseas sale agency contracts shall be imported back into Vietnam if they are not able to be sold overseas.
2. Goods
imported back into Vietnam as referred to in clause 1 of this article shall not
be subject to import duty and shall be entitled to export duty refunds (if any)
in accordance with guidelines of the Ministry of Finance.
Article 28 Import and export
procedures
The
procedures for the export of goods under overseas sale agency contracts,
including the import of goods back into Vietnam pursuant to article 27 of this
Decree, shall be carried out the same as in the case of import and export goods
stipulated in clauses 1, 2 and 3 of article 4 of this Decree.
Chapter VI
PROCESSING OF GOODS INVOLVING FOREIGN BUSINESS ENTITIES
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Article 29 Business entities
which may process goods for foreign business entities
Business
entities, including business entities with foreign owned capital, shall be
permitted to process all goods for foreign business entities, except for goods
on the lists of goods the import and export of which is prohibited or
temporarily suspended. With respect to goods on the lists of goods the import
and export of which is subject to issuance of a permit, business entities may
only enter into processing contracts after they have been issued with a permit
by the Ministry of Trade.
Article 30 Processing
contracts
A
processing contract must be made in writing or in another form with equivalent
legal validity, and may include the following terms:
(a) Names
and addresses of contracting parties and of the party directly conducting the
processing;
(b) Name
and quantity of processed products;
(c) Prices
for processing;
(d) Time-limit
for and method of payment;
(dd)
List, quantity and value of imported raw materials, sub-materials and supplies
and domestically produced raw materials, sub-materials and supplies (if any)
for processing; levels of use of raw materials, sub-materials and supplies;
level of consumption of supplies and wastage rate of raw materials in
processing;
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(g)
Measures to treat scrap and discharged waste and principles for dealing with
leased or borrowed machinery and equipment and with left-over raw materials,
sub-materials and supplies upon termination of the processing contract;
(h)
Location and time of goods delivery;
(i) Trade
mark of goods and appellation of origin of goods;
(k) Duration
of validity of contract.
Article 31 Levels of use and
consumption and wastage rate of raw materials, sub-materials and supplies
The
levels of use and consumption and the wastage rate of raw materials,
sub-materials and supplies shall be as agreed by the parties in processing
contracts, taking into account the permissible levels and rates in the relevant
Vietnamese manufacturing and processing industries as at the time of entering
into the contract. Directors of enterprises being processors shall be
responsible for the use of imported raw materials, sub-materials and supplies
solely for the purpose of processing, and any breaches shall be dealt with in
accordance with law.
Article 32 Leasing, borrowing or
importing machinery and equipment of suppliers for implementation of processing
contracts
Processors
may lease or borrow machinery and equipment from their suppliers for the
purpose of implementation of processing contracts. The lease, borrowing or
donation of machinery and equipment must be agreed in the processing contract.
Article 33 Rights and
obligations of suppliers and processors
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(a) To
provide all or a part of the raw materials and supplies for processing as
agreed in the processing contract;
(b) To
take back all processed products, leased or lent machinery and equipment and
left-over raw materials, sub-materials, supplies and scraps after liquidation
of the processing contract, except in cases of on-the-spot export, destruction
or donation thereof as permitted by this Decree;
(c) To
send experts to Vietnam to provide instructions on production techniques and
inspect the quality of processed products as agreed in the processing contract;
To be
responsible for the right to use trademarks of goods and appellations of origin
of goods;
(dd) To
comply with the law of Vietnam on processing activities and with the terms of
the signed processing contract;
(e) To be
permitted to conduct on-the-spot export of processed products, leased or lent
machinery and equipment and left-over raw materials, sub-materials and
supplies, faulty products and scraps in accordance with written agreements
between the parties concerned and consistent with current regulations on
control of import and export of goods; provided that all tax obligations and
other financial obligations stipulated by law must be fulfilled.
2. In
respect of processors:
(a) To be
exempted from import duties in respect of machinery, equipment, raw materials,
submaterials and supplies temporarily imported in accordance with the fixed limits
for the purpose of implementation of a processing contract; to be exempted from
export duties in respect of processed products;
(b) To
employ other business entities as processors;
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(d) To receive
payment from the supplier in the form of processed products, except in cases
where such products are on the lists of goods the import and export of which is
prohibited or temporarily suspended. In respect of products for which import
and export is subject to issuance of a permit, there must be a permit from the
Ministry of Trade or from the competent body authorized by the Ministry of
Trade;
(dd) To
comply with the law of Vietnam on processing, exporting, importing and
manufacturing goods locally and the terms of the signed processing contract;
(e) To
carry out procedures for on-the-spot export of processed products, leased or
lent machinery and equipment and left-over raw materials, sub-materials and
supplies, faulty products and scraps as authorized by principals.
3.
Conditions for on-the-spot import and export of processed products, leased or
lent machinery and equipment and left-over raw materials, sub-materials and
supplies, faulty products and scraps:
(a) The
provisions of the law relating to import goods and duties and other financial
obligations must be complied with;
(b) A
contract of sale and purchase must be entered into between the foreign business
entity or entity legally authorized by the foreign business entity and an
import business entity.
Article 34 Transitional
processing
Business
entities shall be permitted to conduct transitional processing.
1. The
processed products under any one processing contract may be used as materials
for processing in Vietnam under another processing contract.
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Article 35 Finalization
and customs clearance of processing contracts
1. Upon
termination or expiry of a processing contract, the parties to the processing
contract must finalize the contract and carry out clearance procedures with the
customs office.
In
respect of processing contracts having a duration of more than one year, the
processors shall carry out customs clearance procedures for such contracts
every year with the customs office.
2. The
basis for finalization and customs clearance of a processing contract is the
quantity of imported raw materials, sub-materials and supplies and the quantity
of products exported against the fixed level of use of raw materials,
sub-materials and supplies, the fixed level of consumption of supplies and the
wastage rate as agreed in the processing contract.
3. Upon
completion of a processing contract, any machinery and equipment leased or
borrowed under the contract, left-over raw materials, sub-materials and
supplies, faulty products and scraps shall be dealt with as agreed in the
processing contract which must be consistent with the law of Vietnam.
4. he
destruction of faulty products and scraps (if any) may only be carried out with
permission from the Department of Natural Resources and Environment and must be
conducted under the supervision of the customs office. In cases where
destruction in Vietnam is not permitted, reexportation on instructions of the
supplier shall be required.
5.The
donation of machinery, equipment, raw materials, sub-materials, supplies,
scraps or faulty products shall be regulated as follows:
(a)The
principal must issue a written document of gift;
(b)The
donee must fulfil import procedures in accordance with current provisions on
import and export; and must pay import duties and other taxes (if any) and
register assets in accordance with current regulations.
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The
Ministry of Finance shall provide guidelines on customs procedures and
financial obligations applicable to the export of processed products and shall
monitor importation and exportation related to processing contracts.
SECTION 2. PROCESSING OF GOODS IN FOREIGN COUNTRIES
Article 37 General
provisions
1.
Business entities of all economic sectors may have any type of goods which are
permitted to be circulated in Vietnam processed in foreign countries for business
purposes in accordance with law.
2. The
exportation of machinery, equipment, raw materials, sub-materials or supplies
for processing and the importation of processed products must comply with the
law on import and export.
3.
Contracts for processing of goods in foreign countries and the customs
procedures in respect of the import and export of such processed goods shall
comply with the provisions of articles 30 and 36 of this Decree.
Article 38 Rights
and obligations of business entities having goods processed in foreign
countries
1. To
export temporarily machinery, equipment, raw materials, sub-materials or
supplies or to tranship machinery, equipment, raw materials, sub-materials or
supplies from a third party to the processor for the purpose of implementation
of a processing contract.
2. To
re-import processed products and, upon completion of a processing contract, to
re-import left-over machinery, equipment, raw materials, sub-materials or
supplies.
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4. To be
exempted from import duties and export duties in respect of machinery,
equipment, raw materials, sub-materials or supplies temporarily exported for
re-import; or to pay export duties in accordance with the Law on Import and
Export Duties where re-import is not carried out.
5. To
send experts and technical workers abroad for the purpose of inspection and
acceptance of processed products.
6. The
Ministry of Finance shall provide guidelines on discharge of financial
obligations applicable to processed products imported to service domestic
consumption.
Chapter VII
TRANSIT OF GOODS THROUGH TERRITORY OF VIETNAM
Article 39 Business
entities permitted to provide transhipment services
Business
entities which have a business registration certificate for the lines of
business being receipt and delivery of goods and carriage of goods shall be
permitted to provide transhipment services via the territory of Vietnam for foreign goods owners.
Article 40 Transit of goods
through the territory of Vietnam
1. All
types of goods owned by foreign organizations and individuals shall be
permitted to transit through the territory of Vietnam, except for weapons,
ammunition, explosives, other highly dangerous goods, and goods on the lists of
goods the import and export of which is prohibited or temporarily suspended.
Transit procedures shall be resolved by the bordergate customs, unless an
international treaty to which the Socialist Republic of Vietnam is a member
contains some other provision.
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2. Goods
being weapons, ammunition, explosives and highly dangerous goods shall only be
permitted to transit through the territory of Vietnam with permission from the
Prime Minister of the Government.
3. Goods
on the lists of goods the import and export of which is prohibited or
temporarily suspended, and goods on the lists of goods the import and export of
which is subject to issuance of a permit shall be permitted to transit through
the territory of Vietnam with permission from the Ministry of Trade, unless an
international treaty to which the Socialist Republic of Vietnam is a member
contains some other provision in which case such treaty shall apply.
4. Goods
in transit through the territory of Vietnam shall be subject to supervision by
the customs of Vietnam for the whole period during which they are circulating
in the territory of Vietnam, and shall enter and exit Vietnam via the correct
bordergate and route as stipulated; the quantity of goods exported must be the
same quantity which was imported, with the same packaging and container.
5. The
owner of goods in transit must pay customs fees and other types of charges
applicable to goods in transit pursuant to the current law of Vietnam.
6. Goods
in transit shall not be permitted to be sold or consumed in the territory of Vietnam. In necessary cases of sale or consumption in Vietnam, application for permission must be made to the Ministry of Trade.
7. The
Ministry of Trade shall provide guidelines for conducting transit of goods
through the territory of Vietnam in the cases of Treaties which have provisions
different to those stipulated in clauses 1, 2 and 3 of this article.
8. The
Ministry of Finance shall provide guidelines on procedures for storage
including open storage of goods in transit, procedures for ship to ship
transhipment, for change of means of carriage of goods in transit, and for
extension of duration of goods in transit.
9. The
Ministry of Transport and Communications shall provide guidelines on transit
routes.
Chapter VIII
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Article 41 Dealing
with breaches by business entities
Business
entities breaching the provisions of this Decree shall, depending on the seriousness
of the breach, be subject to administrative penalty or shall be prosecuted for
criminal liability in accordance with law.
Article 42 Dealing with breaches
by State officials and employees
State
officials and employees who abuse their position or power to breach the
provisions of this Decree shall, depending on the seriousness of the breach, be
subject to disciplinary penalty or shall be prosecuted for criminal liability
in accordance with law.
Chapter IX
IMPLEMENTING PROVISIONS
Article 43 Implementing
provision
1. This
Decree shall be of full force and effect from 1 May 2006 and shall replace
Decree 57-1998-ND-CP of the Government dated 31 July 1998 making detailed
provisions for implementation of the Commercial Law with respect to
importation, exportation, processing and sale and purchase agency involving
foreign parties, and Decree 44-2001-ND-CP of the Government dated 2 August 2001
amending Decree No. 57-1998-ND-CP dated 31 July 1998.
Any
previous provisions on management of import and export of goods which are
inconsistent with this Decree are hereby repealed.
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2. The
Ministry of Finance shall instruct the customs branch to formulate a plan to
supply to the Ministry of Trade and to other ministries and branches involved
in the work of managing and operating import and export, on a periodical and
random basis, data about enterprises engaged in import and export business and
other types of business stipulated in this Decree, and data on import and
export quotas according to lists of goods and markets and other relevant data
on import and export required by the Ministry of Trade.
3. The
Ministry of Trade shall preside over co-ordination with other ministries and
branches and with people's committees of provinces and cities under central
authority to discharge the responsibility to inspect implementation of the
provisions in this Decree; and to detect and notify any incorrect provisions in
legal instruments of ministries and branches guiding implementation of this
Decree so that such provisions can be amended.
4. Ministers,
heads of ministerial equivalent bodies, heads of Government bodies and chairmen
of provinces and cities under central authority shall be responsible for
guiding the implementation of, and for implementing, this Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Phan Van Khai
APPENDIX 1
LIST OF GOODS THE IMPORT
OR EXPORT OF WHICH IS PROHIBITED
(Issued with Decree No. 12-2006-ND-CP of the Government dated 23 January
2006)
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I. LIST OF GOODS THE EXPORT OF WHICH IS PROHIBITED
Description of Goods
1.
Weapons, ammunition, explosive
materials (except industrial explosives) and military technical equipment.
(The Ministry of Defence shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
2.
National relics, antiques and
precious objects which belong to all the citizens, to political organizations
and to socio-political organizations.
(The Ministry of Culture and
Information shall guide the preparation of this List, announce this List and
record the HS code numbers from the Import and Export Tariff Duty List.)
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Cultural products in the
category prohibited from dissemination and circulation in Vietnam.
(The Ministry of Culture and
Information shall guide the preparation of this List, announce this List and
record the HS code numbers from the Import and Export Tariff Duty List.)
4.
Round timber and sawn timber
produced from domestic natural forests.
(The Ministry of Agriculture
and Rural Development shall guide the preparation of this List, announce this
List and record the HS code numbers from the Import and Export Tariff Duty
List.)
5.
Rare and precious wild animals,
natural fauna and flora, and seedlings for growing crops and raising plants
listed in Groups IA-IB of Decree No. 48-2002-ND-CP of the Government dated 22
April 2002; and rare and precious wild animals and fauna and flora in the
"red book" for which Vietnam has made undertakings to international
organizations. (The Ministry of Agriculture and Rural Development shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
6.
Rare and precious products of
aquaculture.
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7.
All types of specialist coding
machines and cipher software programs used in the sector of protection of
State secrets.
(The Ministry of Trade and the
Government Cipher Committee shall guide the implementation of this List.)
8.
Type 1 toxic chemicals
stipulated in the Treaty Prohibiting Chemical Weapons.
(The Ministry of Industry shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
II. LIST OF GOODS THE IMPORT OF WHICH IS PROHIBITED
Description of Goods
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Weapons, ammunition, explosive
materials (except industrial explosives) and military technical equipment.
(The Ministry of Defence shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
2.
Assorted firecrackers (except
for flares used for marine safety pursuant to guidelines of the Ministry of
Transport) and equipment interfering with road traffic speed measuring
instruments.
(The Ministry of Police shall
guide implementation of this List, announce the List and record the HS code
numbers from the Import and Export Tariff Duty List.)
3.
Second-hand consumer goods,
comprising the following groups:
Textiles and garments, shoes
and sandals, clothing.
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- Refrigerators.
- Household electrical
appliances. - Medical apparatus.
- Furniture and items of
interior decoration.
- Household goods comprising
porcelain, terracotta and china, glass, metal, resin, rubber and plastic
articles and household goods made from other materials.
(The Ministry of Trade shall
specify the above lines of goods in more detail and record the HS code
numbers from the Import and Export Tariff Duty List.)
- Second-hand information
technology products.
(The Ministry of Posts and
Telecommunications shall specify the above lines of goods in more detail and
record the HS code numbers from the Import and Export Tariff Duty List.)
4.
Cultural products prohibited
from dissemination and circulation in Vietnam.
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5.
Right-hand-drive motor vehicles
(including vehicles in which the right-hand-drive mechanism has been removed
or re-arranged prior to import into Vietnam) except for specialized use right-handdrive
motor vehicles used in narrow places such as cranes, canal and drain digging
machines, road sweepers, road watering vehicles, rubbish collecting vehicles,
road surfacing vehicles, passenger vehicles at airports, fork-lift trucks at
warehouses and ports, and caddy vehicles at golf-courses. (The Ministry of
Transport shall announce this List using the HS code numbers on the Import
and Export Tariff Duty List.)
6.
Second-hand materials and
transport facilities, comprising:
- Frames, tyres and tubes,
accessories and engines of all types of automobiles, tractors, twowheeled and
three-wheeled vehicles.
(The Ministry of Transport
shall announce this List and record the HS code numbers from the Import and
Export Tariff Duty List.)
- Chasses attached to
automobile and tractor engines.
(The Ministry of Transport
shall announce this List and record the HS code numbers from the Import and
Export Tariff Duty List.)
- Bicycles.
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- Two and three-wheeled motor
vehicles.
(The Ministry of Industry shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
- Ambulances.
(The Ministry of Industry shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
- All types of vehicles in
which the transmission structure has been changed as compared to the original
design; or in which the frame or engine number has been erased.
7.
Scrap and waste, refrigerating
equipment using C.F.C.
(The Ministry of Natural
Resources and Environment shall announce this List and record the HS code
numbers from the Import and Export Tariff Duty List.)
8.
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(The Ministry of Construction
shall announce this List and record the HS code numbers from the Import and
Export Tariff Duty List.)
9.
Type 1 toxic chemicals
stipulated in the Treaty Prohibiting Chemical Weapons.
(The Ministry of Industry shall
announce this List and record the HS code numbers from the Import and Export
Tariff Duty List.)
APPENDIX 2
LIST OF GOODS THE IMPORT
OR EXPORT OF WHICH IS SUBJECT TO ISSUANCE OF A PERMIT FROM THE MINISTRY OF
TRADE
(Issued with Decree No. 12-2006-ND-CP of the Government dated 23 January
2006)
Goods on
these Lists applies to import and export activities for both commercial and
non-commercial goods, to the import and export of goods in border areas with
neighbouring countries, and to goods being both Governmental and
non-Governmental aid.
I. EXPORT
GOODS EXPORT PERMIT
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Description of Goods
1.
Textiles and garments exported
to markets which are subject to quotas as announced by the Ministry of Trade
from time to time.
(The Ministry of Trade and the
Ministry of Industry shall jointly provide guidelines for implementation of
the above).
2.
Goods the export of which needs
to be controlled pursuant to international treaties or agreements which
Vietnam has signed or in which it participates, as announced by the Ministry
of Trade from time to time.
B. AUTOMATIC
EXPORT PERMIT
The
Ministry of Trade shall announce the List of goods to which the system of
issuance of automatic permits applies from time to time, and shall issue
permits in accordance with current regulations on issuance of permits.
II. IMPORT
GOODS
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Description
of Goods
1
Goods
the import of which needs to be controlled pursuant to international treaties
or agreements which Vietnam has signed or in which it participates, as
announced by the Ministry of Trade from time to time.
2
Two-wheeled
and three-wheeled vehicles from 175 cm3 and above.
(The
Ministry of Trade shall specify the above lines of goods using the HS code
numbers on the Import and Export Tariff Duty List and shall guide
implementation. The Ministry of Police shall announce entities which are
permitted to register use.)
3
Sports
weaponry (pursuant to decisions of approval made by the Committee for Sports
and Physical Education).
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Description of Goods
1.
Salt.
2.
Tobacco
raw material.
3.
Poultry
eggs.
4.
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The
Ministry of Trade shall specify the above lines of goods to which the quota
regime applies, using the HS code numbers on the Import and Export Tariff Duty
List.
C.AUTOMATIC
IMPORT PERMIT:
The
Ministry of Trade shall announce the List of goods to which the system of
issuance of automatic permits applies from time to time, and shall issue
permits in accordance with current regulations on issuance of permits.
APPENDIX 3
LIST OF GOODS SUBJECT TO
SPECIALIZED INDUSTRY MANAGEMENT AND THE APPLICABLE MANAGEMENT PRINCIPLES
(Issued with Decree No. 12-2006-ND-CP of the Government dated 23 January
2006)
Goods on
these Lists applies to import and export activities for both commercial and
non-commercial goods, to the import and export of goods in border areas with
neighbouring countries, and to goods being both Governmental and
non-Governmental aid.
I. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
A.
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Form of Management
1.
Rare
and precious wild animals, natural fauna and flora for which there is an
urgent need to control export pursuant to the CITES Convention which Vietnam has undertaken to implement.
Rare
and precious wild animals, natural fauna and flora in Groups IIA and IIB in
Decree No. 48-2002-ND-CP of the Government dated 22 April 2002.
The Ministry of Agriculture and
Rural Development shall rely on the provisions in the CITES Convention to
announce the conditions for export and to provide guidelines on procedures
for export.
The Ministry of Agriculture and
Rural Development shall announce the specific conditions for export and
provide specific guidelines on export procedure.
2.
Rare and precious seedlings for
growing crops and raising plants.
The Ministry of Agriculture and
Rural Development shall provide guidelines pursuant to the Ordinance on Crop
Seeds and the Ordinance on Plant Seeds.
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Firewood and charcoal made from
timber or firewood sourced from wood from domestic natural forests.
The Ministry of Agriculture and
Rural Development shall announce the specific conditions for export and
provide specific guidelines on export procedure.
B
Import
Goods
Form of
Management
1.
Veterinary medicines and raw
materials for the production of veterinary medicines, registered for the
first time for import into Vietnam.
Licence for Testing
2.
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Licence for Testing
(a) Plant protection agents and
raw materials for the production of plant protection agents, outside the List
of goods permitted to be used in Vietnam.
(b) Plant protection agents and
raw materials for the production of plant protection agents, on the List of
restricted use goods.
(a) and (b): Import permit
specifying the conditions for import, the quantity to be imported and the
procedures for issuance of the permit.
4.
Seedlings for growing crops and
raising plants, and various types of insects which are not yet found in Vietnam.
Licence for Testing
5.
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Licence for Testing
6.
New types of fertilisers used
in Vietnam.
Licence for Testing
7.
Genes of plants and crops;
micro-organisms serving research, scientific and technical exchange.
Import permit specifying the
conditions for import and the procedures for issuance of the permit.
8.
Rare wild animals and plants
for which there is a need to control import pursuant to the CITES Convention
which Vietnam has undertaken to implement.
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Management
Principles:
1. The
Ministry of Agriculture and Rural Development shall promulgate Lists of all
types of import goods subject to specialized industry management; and shall
announce the types of goods already used in Vietnam using the correct HS code
numbers on the Import and Export Tariff Duty List, and the types of goods
enterprises may import into Vietnam pursuant to their needs without applying
for a permit.
2. The
Ministry of Agriculture and Rural Development shall issue Licences for Testing
for types of goods imported into Vietnam for the first time, and for goods on
the List of goods already used in Vietnam. The contents of Licences for Testing
and the duration of testing shall be implemented in accordance with guidelines
of the Ministry of Agriculture and Rural Development. Depending on the test
results, the Ministry of Agriculture and Rural Development shall issue a
decision permitting or not permitting the goods to be used in Vietnam. Once the Ministry of Agriculture and Rural Development permits a type of goods to
be used in Vietnam, such type of goods may be imported as needed, without
restriction on quantity or value and without application for a permit.
II. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE MINISTRY OF MARINE PRODUCTS
1. Specialist
management by the Ministry of Marine Products shall take the form of
promulgation of the following Lists of goods, using the HS code numbers on the
Import and Export Tariff Duty List:
(a) List
of the types of marine products the export of which is conditional;
(b) List
of the types of goods serving aquaculture the import of which is conditional;
(c) List
of marine seedlings which may normally be imported and exported;
(d) List
of drugs, chemicals and raw materials for the production of drugs and chemicals
used in aquaculture which may normally be imported.
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(a) The
Ministry of Marine Products shall promulgate the Lists of goods on lists (a)
and (b) above and announce the conditions for import and export. Entities which
satisfy the conditions may directly conduct import and export procedures with
the customs office and there shall be no need to apply for a permit from the
Ministry of Marine Products.
(b) All
types of seedlings, drugs, chemicals and raw materials for the production of
drugs and chemicals which are not yet named on Lists (c) and (d) above may only
be imported into Vietnam with an import permit for testing issued by the
Ministry of Marine Products. Every six months and annually, the Ministry of
Marine Products shall supplement onto the Lists those types of goods which have
good test results. When the Ministry of Marine Products adds such goods to the
Lists of goods which may normally be imported, the goods may be imported as
needed without restriction on quantity and value, and there shall be no need to
apply for an import permit.
III. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE STATE BANK
A.
Export Goods
Form of Management
Nil.
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Import
Goods
1.
Machines for destroying money
(pursuant to technical criteria stipulated by the State Bank).
Import
permit
2.
Cash
safe doors (pursuant to technical criteria stipulated by the State Bank).
Import permit
3.
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Appointment of an enterprise
permitted to import
4.
Ink for printing money.
Appointment of an enterprise
permitted to import
5.
Anti-counterfeit colour press
used for money, cheques, stamps and other valuable papers which the banking
industry issues and controls.
Appointment of an enterprise
permitted to import
6.
Money printing machines
(pursuant to technical criteria announced by the State Bank).
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Metal casting machines and
machines for stamping money (pursuant to technical criteria announced by the
State Bank).
Appointment of an enterprise
permitted to import
Management
principles:
The State
Bank shall promulgate the List of goods subject to specialized industry
management using the HS code numbers on the Import and Export Tariff Duty List,
and shall appoint enterprises permitted to import the types of items specified
on this List; shall regulate the conditions for import and the procedures for
issuance of an import permit; and shall be responsible to manage the use of
machinery, equipment and goods for the correct objective.
IV. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE MINISTRY OF POSTS AND TELECOMMUNICATIONS
A.
Export Goods
Form of Management
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Nil.
B.
Import Goods
1.
Postage stamps, stamp
publications and lines of stamp goods.
Import permit
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2.
Radio transmitters and
receivers with a frequency from 9KHz to 400GHz and a capacity of 60mW
upwards.
Import permit
3.
Radar equipment, radio wave
assisted equipment and long-range radio wave controlling apparatus.
Import permit
Management
principles:
The
Ministry of Posts and Telecommunications shall promulgate the List of specific
goods using the HS code numbers on the Import and Export Tariff Duty List, and
shall regulate the conditions for import and the procedures for issuance of an
import permit.
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A.
Export Goods
Form of Management
1.
All types of printed matter
(books, newspapers, magazines, pictures, photos, calendars and so forth).
File on source of the goods
Cinematographic works and other
visual-aural products recorded on any material.
File on source of the goods
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Newly produced artistic works
of all types, made on any material.
File on source of the goods
Relics and antiques not owned
by all the citizens, by political organizations or by socio-political
organizations.
Export permit
B.
Import Goods
Form of Management
1.
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Approval of contents
2.
Cinematographic works and other
visual-aural products recorded on any material.
Approval of contents
3.
Plate-making systems and
type-setting systems for specialist use in the printing industry.
Import permit specifying the conditions
for import and procedures for issuance of the permit.
4.
Printing machines (offset,
Flexor and bronze cylinder printers) and colour photocopiers.
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Regulations on conditions
5.
Equipment for receiving
television signals from satellites (TVRO).
Regulations on conditions
6.
Electronic games machines with
built-in prizes and specialized equipment for games in casinos.
Regulations on conditions
(regarding the equipment and the built-in programmes).
Enterprises having an issued
investment licence or having business registration pursuant to Decision No.
32-2003-QD-TTg of the Prime Minister of the Government dated 27 February 2002
shall be permitted to import these machines.
7.
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Announcement of the properties
and types of games permitted to be imported.
Management
Principles:
1. The
Ministry of Culture and Information shall promulgate the above Lists of
specific goods using the HS code numbers on the Import and Export Tariff Duty
List.
The
products listed in clauses 1, 2 and 3 of Section A shall be permitted to be
exported on request, and procedures shall be resolved at customs, when:
- The
items are permitted to be produced and circulated in Vietnam, or
- They
have a certificate clearly stating the source of the items.
The
Ministry of Culture and Information shall be responsible to provide specific
guidelines on these principles, and shall not issue export permits nor approve
the contents, quantity or value of export products.
2. With
respect to aural-visual products not being cinematographic works, the Ministry
of Culture and Information shall authorize Departments of Culture and
Information to approve their contents.
VI. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE MINISTRY OF HEALTH
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Export Goods
Form of Management
Nil.
B.
Import
Goods
1.
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Import permit specifying the
conditions for import and procedures for issuance of the permit
2.
Preventive and curative
medicines for humans, being finished products, with a registered number.
Permitted to be imported
pursuant to need, without verifying the order for import
3.
Preventive and curative
medicines for humans, being finished products, but without a registered
number.
Licence for Testing
4.
The following items being new
types used in Vietnam, namely raw materials for the production of medicines,
pharmaceutical drugs and adjuvant, empty capsules and packaging which
directly contacts medicine.
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5.
Cosmetics directly impacting on
human health.
Registration of circulation
6.
Vaccines and immune biological
products outside the List of goods permitted to be imported as needed.
Import permit
7.
Medical equipment which may
directly impact on human health, outside the List of goods permitted to be
imported as needed.
Import permit
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Chemicals and products for the
extermination of insects and bacteria, used in homes and in medicine
generally.
Registration of circulation
Management
principles:
1. With
respect to raw materials for the production of medicines, pharmaceutical drugs
and adjuvant, empty capsules and packaging which directly contact medicine;
vaccines and immune biological products; and medical apparatus, the Ministry of
Health shall announce the List of items permitted to be imported as needed, but
outside this List there must be an import permit specifying the conditions for
import and procedures for issuance of the permit.
2. Items
in the category of regulation by testing licences must comply with the contents
of the testing and the period for testing in accordance with guidelines of the
Ministry of Health. Depending on the test results, the Ministry of Health shall
make a decision permitting or not permitting use in Vietnam.
When the
Ministry of Health permits the use of items in Vietnam, they may be imported as
needed without restriction on quantity or value, and there shall be no need to
apply for an import permit or produce verification of an order for import of
the goods.
3. Once
commodities in the category of regulation by registration for circulation have
a registered number, they may be imported as needed without restriction on
quantity or value, and there shall be no need to apply for an import licence or
produce verification of an order for import of the goods.
4. The
Ministry of Health shall provide for implementation of and shall detail the
above Lists of goods using the HS code numbers on the Import and Export Tariff
Duty List.
VII. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE MINISTRY OF INDUSTRY
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Export Goods
Form of Management
1.
Toxic chemicals and products
containing toxic chemicals. Drug precursors used in the industrial sector
(pursuant to the Law on Fighting Drugs and other relevant legal instruments).
Promulgation of a List of
export goods including those subject to conditions, and the criteria or
export permit applicable to each item.
2.
Minerals.
Promulgation of a List of
export goods subject to conditions, specifying the conditions or criteria
applicable.
3.
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Permit
B.
Import Goods
1.
Toxic chemicals and products
containing toxic chemicals. Precursors used in the industrial sector.
Promulgation of a List of
import goods specifying the conditions, the criteria for import or the import
permit applicable to each item.
2.
Sodium hydroxide (liquid form).
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3.
Chloric acid.
Regulations on standards
4.
Manufactured sulphuric acid.
Regulations on standards
5.
Pure sulphuric acid.
Regulations on standards
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Manufactured phosphoric acid.
Regulations on standards
7.
Alums from the hydroxide
chemical group.
Regulations on standards
8.
Industrial explosives.
Import permit specifying the
conditions for
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import and procedures for
issuance of the permit.
Management
principles:
With
respect to lines of goods set out in groups 2 to 7 inclusive of Section B, the
Ministry of Industry shall only regulate the conditions for import or the
technical criteria which must be satisfied in order to import; an import permit
or certificate of verification shall not be required, and it shall not be
necessary to obtain approval of the quantity or value of goods to be imported.
VIII. LIST OF GOODS SUBJECT TO SPECIALIZED INDUSTRY MANAGEMENT BY
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
A.
Export Goods
Form of Management
Nil.
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B.
Import
Goods
1.
Scrap.
Regulations
on conditions or standards.
Management
principles:
On the
basis of the conditions or standards for permitting the import of scrap,
importing enterprises shall directly conduct import procedures with the customs
office.
The
Ministry of Natural Resources and Environment shall promulgate the above List
of specific goods using the HS code numbers on the Import and Export Tariff
Duty List.
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A.
Export Goods
Form of Management
Nil.
B.
Import
Goods
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All types of flares used for
maritime safety.
The Ministry of Transport shall
promulgate this List using the HS code numbers on the Import and Export
Tariff Duty List, and shall regulate the procedures for issuance of permits.
Issuance of a permit