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THE PRIME MINISTER OF
GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 11/1998/QD-TTg
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Hanoi, January 23,
1998
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DECISION
THE IMPORT-EXPORT MANAGEMENT MECHANISM OF 1998
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Resolution No.59-CP of the Government of June 5, 1997;
At the proposal of the Minister of Trade,
DECIDES:
Article 1.- To approve
the 1998 lists of import and export commodities:
- The list of commodities banned from import
and/or export (Appendix 1)
- The list of commodities managed by quotas
(Appendix 2)
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- The list of import and export commodities to
be balanced against the domestic production and demand (Appendix 4)
Article 2.- Import and
export commodities managed by quotas.
a/ For textiles and garments exported to markets
with quotas set by countries, the Prime Minister's directions provided for in
Document No.6228/KTTH of December 5, 1997 shall apply.
b/ For rice: To approve the 1998 rice export
quotas of 4 million tons.
The management of rice export in 1998 shall
comply with a separate decision of the Prime Minister.
On the basis of reviewing the management of rice
export in 1997, to enhance and improve the operation of the Vietnam Food
Importers'-Exporters' Association and assign the Ministry of Trade, the
Ministry of Agriculture and Rural Development to continue perfecting the rice
export mechanism and organization. To assign the Ministry of Finance to assume
the prime responsibility in discussing with the Ministry of Trade and the
Ministry of Agriculture and Rural Development the establishment of a fund to
support rice production and export; studying the establishment of a
"transaction center for rice export". To allow the experiment on the
direct rice export by a number of qualified non-State rice-husking and
-processing enterprises and agricultural farms.
Article 3.- Import commodities
and materials to be balanced against domestic production and demand:
a/ For petrol and oil (except for lubricants):
- The Ministry of Trade shall manage and ensure
the import of around 7 million tons of petrol and oil in 1998 (excluding the
quantity temporarily imported for re-export); allocate from the beginning of
the year all the petrol and oil import quotas to the specialized enterprises,
about 60% of which shall be imported by the Petrol and Oil Corporation.
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b/ For fertilizers: To ratify the minimum quotas
of fertilizers of different kinds to be imported in 1998 as follows:
- Urea: 1,600,000 tons
- DAP: 300,000 tons
- SA: 250,000 tons
- NPK: 350,000 tons
- Kali: 240,000 tons
The management of the fertilizer import in 1998
shall comply with a separate decision of the Prime Minister.
c/ With regard to materials and commodities, the
demands for which are met largely by domestic production, such as: construction
steel, cement of various types, writing and printing paper of various kinds,
refined sugar, raw material sugar and construction white glass, the Ministry of
Planning and Investment is assigned to assume the prime responsibility and
coordinate with the Ministry of Finance, the production-managing ministries and
the Ministry of Trade in determining the demand for additional import and
working out the management regulations for implementation from the beginning of
February 1998, on the principles that:
- Only materials and commodities of the
categories and models which have not yet been produced or have been produced
insufficiently in the country shall be imported.
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- The Ministry of Trade shall ensure the
management of additional import of materials and commodities according to their
categories, models and quantities under the import management regulations
jointly adopted by the involved ministries;
- The Ministry of Planning and Investment shall
assume the prime responsibility and coordinate with the Ministry of Finance,
the production-managing ministries and the Ministry of Trade in monitoring and
handling concrete problems, thus ensuring the market's supply and demand.
d/ As for steel cast and clinker, production and
business enterprises shall be allowed to import them according to their demands
and production capacities.
Article 4.- Import and
export commodities subject to specialized management:
To assign the concerned ministries to revise the
1997 lists of commodities exported and/or imported under the specialized
management mechanism, reducing the commodities which are deemed unnecessary to
be restricted; to work out import-export management regulations, which must be
agreed upon by the Ministry of Trade be submitted to the Prime Minister for
ratification and made public by the Ministry of Trade by the end of March 1998
at the latest. The customs agency shall base itself on the list of
import-export commodities subject to specialized management, promulgated by the
Ministry of Trade to fulfill import-export procedures.
Article 5.- On the
import of consumer goods:
The imported consumer goods shall be regulated
by taxes and payment modes of banks:
Enterprises with permits to export and/or import
goods shall be allowed to import such kinds of goods according to their demand
and pay import duties in accordance with the provisions of law; to abolish the
allocation of quotas and the granting of permits for the import of consumer
goods; as for the import of liquor, it shall comply with guidances of the
Ministry of Trade.
The Ministry of Trade shall assume the prime
responsibility and coordinate with the Ministry of Planning and Investment, the
Ministry of Finance and the State Bank... in determining the list of consumer
goods subject to additional regulation by taxes and payment modes of banks for
implementation from the beginning of the year along the direction of
restricting to the minimum the import of consumer goods which are not really
necessary and goods which can be manufactured in the country.
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a/ For automobiles in complete units and of
different types (except for automobiles of 12 seats or less), enterprises with
permits to import and/or export such kinds of commodity shall be entitled to
import such automobiles according to their production and business demand; to
abolish the granting of import permits.
The Ministry of Finance shall readjust the rates
of import tax on trucks of under 7 tons and passenger cars of under 60 seats so
as to restrict the import of these two kinds of automobiles.
b/ For tourist cars of 12 seats or less and
motorbikes of various types: in the immediate future, automobiles in complete
units shall not be imported; foreign-invested enterprises engaged in the
assembly and manufacture of automobiles and motorbikes shall be allowed to
import components for manufacture and assembly in strict compliance with their
investment licenses and in conformity with the current criteria set by the
Ministry of Science, Technology and Environment and the Ministry of
Communications and Transport.
Basing itself on the plans for manufacture and
assembly of automobiles and motorbikes of foreign-invested enterprises and
domestic enterprises having invested in the manufacture and assembly of
motorbikes in the IKD form, the Ministry of Trade shall approve the import plan
for the whole year and issue a notice so that enterprises may take initiative
in ensuring their production plans and consumption markets.
The Ministry of Trade is assigned to assume the
prime responsibility and coordinate with the Ministry of Planning and
Investment, the Ministry of Industry, the General Department of Customs and the
Ministry of Science, Technology and Environment in the promulgation of guiding
circular(s) in February 1998 for the implementation of the above-said
provisions.
c/ To ensure the balance between supply and
demand for motorbikes of various types while the foreign-invested enterprises
have not yet fully promoted their production-assembly capacities in 1998,
domestic enterprises having already obtained permits for the assembly of
motorbikes of CKD form are allowed to import 100,000 sets of CKD components for
the assembly and trading of motorcycles of different types.
Basing itself on criteria set for enterprises
engaged in the assembly of motorbikes of CKD form already categorized jointly
by the Ministry of Industry and the Ministry of Science, Technology and
Environment, the Ministry of Trade shall allocate all import quotas to
enterprises from January 1998 and inform the concerned agencies thereof for
coordinated management.
Article 7.- The export
of wood products and import of material wood shall comply with Decision
No.1124/1997/QD-TTg of December 25, 1997 of the Prime Minister.
For other materials and commodities outside the
aforesaid lists, enterprises shall be allowed to import and/or export them
according to their demand and under the Ministry of Trade's guidances.
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Article 9.- This
Decision takes effect from the date of its signing till March 31st, 1999. In
the course of implementation, the Ministry of Trade shall supervise, sum up
opinions from the ministries, branches and localities and promptly report to
the Prime Minister for handling problems beyond the competence of ministries
and branches.
Article 10.- The
ministers, the heads of the ministerial-level agencies and agencies attached to
the Government, the presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decision.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam
APPENDIX 1
LIST OF COMMODITIES BANNED FROM EXPORT AND IMPORT
IN 1998
(issued together with Decision No.11/1998/QD-TTg of January 23, 1998 of the
Prime Minister)
I. COMMODITIES BANNED FROM EXPORT
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2. Antiques.
3. Narcotics of all kinds.
4. Toxic chemicals.
5. Logs, sawn and peeled timber, firewood,
charcoal made from wood or firewood, wood and forest products made from timber
of Group IA and planks processed from timber of Group IIA on the list issued
together with Decree No.18/HDBT of January 17, 1992; material rattan.
6. Wild animals, and animals and plants of rare
and precious species.
II. COMMODITIES BANNED FROM IMPORT
1. Weapons, ammunitions, explosives, military
technical equipment.
2. Narcotics of all kinds.
3. Toxic chemicals.
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5. Firecrackers, fireworks and flares of all
kinds. Children's toys harmful to ethical education, social order and safety.
6. Cigarettes (except for those as personal effects
in prescribed quantity).
7. Used consumer goods (except for transferred
assets, including commodities in service of personal needs of individuals with
diplomatic titles of foreign countries, international organizations and
personal effects in prescribed quantity).
8. Cars and self-propelled vehicles with
right-hand drive (including those in knock-down forms).
9. Used spare parts of automobiles of all kinds,
motorbikes and motor tricycles; including chassis mounted with used automobile
engines of all kinds.
Notes:
1. The export of commodities on the aforesaid
lists for security, defense and other purposes shall be permitted by the Prime
Minister or the Minister of Trade under the Prime Minister's authorization and
the procedures involved shall be completed by the customs service.
2. The ban on the export of animals and plants
for the purpose of environmental protection shall be guided jointly by the
Ministry of Agriculture and Rural Development and the Ministry of Science,
Technology and Environment in a separate document.
3. The Ministry of Trade and the General
Department of Customs shall jointly provide guidances for the implementation of
Section II.7.
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APPENDIX 2
1998 LIST OF COMMODITIES MANAGED BY QUOTAS
(issued together with Decision No.11/1998/QD-TTg of January 23, 1998 of the
Prime Minister)
EXPORT
COMMODITIES
- Rice.
- Textiles and garments exported to the EU,
Canada, Norway and Turkey.
APPENDIX 3
LIST OF IMPORT AND EXPORT COMMODITIES SUBJECT TO
SPECIALIZED MANAGEMENT
(issued together with Decision No.11/1998/QD-TTg of January 23, 1998 of the
Prime Minister)
1. Lists of export minerals and import chemicals
shall comply with the guiding regulations of the Ministry of Industry.
2. Lists of forest plants and animals for
export, drugs and materials for production of crop protection drugs and
veterinary drugs; animal feeds and materials for the production of animal
feeds, shall comply with the guiding regulations of the Ministry of Agriculture
and Rural Development.
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4. Lists of rare and precious living aquatic
products used as breeds, feeds and medicines in aquaculture, to be imported
and/or exported under the guiding regulations of the Ministry of Aquatic
Resources.
5. Wave transmitters, radio transmitters and
receivers; exchange boards of various kinds, to be imported under the guiding
regulations of the General Department of Post and Telecommunications.
6. Cultural products and fine art works managed
by the State, cinematographic works, special printing equipment, recorded video
tapes, to be exported and/or imported under the guiding regulations of the
Ministry of Culture and Information.
7. Equipment and machinery used exclusively for
banking services, to be exported and/or imported under the guiding regulations
of the State Bank of Vietnam.
Note:
The itemized lists of the aforesaid commodities
shall comply with Decree No.89-CP of December 15, 1995 of the Government.
APPENDIX 4
LIST OF IMPORT COMMODITIES AND SUPPLIES TO BE
BALANCED AGAINST DOMESTIC PRODUCTION AND DEMAND
(issued together with Decision No.11/1998/QD-TTg of January 23, 1998 of the
Prime Minister)
1. Petrol and oil.
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3. Construction steel of various types.
4. Cement of various types.
5. Writing and printing paper of various types.
6. Construction glass.
7. Refined sugar and raw material sugar.
8. Liquor.