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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.41/2005/QD-TTg
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Hanoi, March 02, 2005
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DECISION
PROMULGATING
THE REGULATION ON GOODS IMPORT LICENSING
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
At the proposal of the Minister of Trade in Report
No. 0135/TM-XNK dated January 27, 2005,
DECIDES:
Article
1. To issue together with this
Decision the Regulation on goods import licensing.
Article
2. This Decision takes effect as from
September 1, 2005. The Ministers of Trade; Industry; Agriculture and Rural
Development; Fisheries; Culture and Information; Health; Post and Telematics;
and Finance, the State Bank of Vietnam, the General Department of Customs and
other State agencies competent to license goods import shall have to revise and
adjust documents guiding the import of goods under their respective management
before September 1, 2005, so as to make them suit the provisions of the Regulation
on goods import licensing, issued together with this Decision.
Article
3. The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
implement this Decision.
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ON GOODS IMPORT LICENSING
(Issued together with the Prime
Minister’s Decision No. 41/2005/QD-TTg dated March 2, 2005)
Chapter I
Article
1. Scope of regulation
This
Regulation prescribes basic principles, forms and procedures for goods import
licensing by import-licensing agencies for subjects importing goods subject to
import management under licenses.
Article
2. Interpretation of terms
1.
''Import licensing procedures'' mean processes and procedures related to goods
import licensing, from the procedures on dossiers of application for import
licenses to the process of receiving and processing dossiers and making
decisions by agencies with import licensing competence.
2.
''Import-licensing agencies'' mean the State agencies with import licensing
competence according to law provisions.
3.
''Applicants for import licenses'' mean organizations and individuals entitled
to import goods according to law provisions.
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5.
''Non-automatic import licensing'' means a licensing form beyond the scope of
automatic import licensing.
6.
''Import goods subject to management under licenses'' shall be prescribed by the
Prime Minister for each period, except for those on the list of goods subject
to automatic import licensing.
Article
3. Import licensing principles
1. To
clarify import-licensing procedures
a) The
import licensing must be prescribed in a simple, transparent and objective
manner.
b) Import-licensing agencies
must notify concretely documents and information to be included in the dossiers
of application for import licenses for the license applicants to know and
implement. All regulations and information related to the procedures of
application for import licenses, including conditions for organizations and
individuals to be entitled to submit dossiers of application for licenses;
licensing agencies; lists of goods subject to import licensing must be published
in the Official Gazette within twenty one (21) days before such regulations
take legal effect, and at the same time, be published on the websites of
import-licensing agencies and posted up at such agencies' offices. All
exceptional cases or changes in regulations related to import licensing
procedures or lists of goods items subject to import licensing must be
announced in the above-said ways within the above-said time limit.
2.
Procedures for submission of dossiers of application for import licenses and
procedures for extension of import licenses
a) The
applicants for import licenses shall have to submit dossiers therefor to only
one agency. In cases where it is necessary to contact with many agencies, the
number of such agencies must not exceed three (3).
b)
Procedures for submission of dossiers of application for import licenses or
procedures for extension thereof (if any) must be prescribed in a simple and
clear manner. The time limit for submission of dossiers (if any) shall be
prescribed to be at least twenty one (21) days and may be extended in cases
where import-licensing agencies have not yet fully received the dossiers within
such time limit. The contents of the applications for import licenses or for
extension thereof must be prescribed in a simple and clear manner.
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d) In
case of refusal to license import, the licensing agencies must clearly state
the reasons therefor.
e) It
is not allowed to refuse the customs clearance for licensed import goods only
for reasons of little disparities in their value, quantity or weight as
compared to the figures inscribed in licenses, which have arisen in the course
of goods delivery, or for reasons of the nature of goods loading and unloading
as well as other little disparities compatible to normal trade practices.
f) The
access to foreign exchange for the import of goods under licenses shall apply
on an equal footing with goods imported without import licenses and compatible
with current regulations on foreign exchange management.
IMPORT LICENSING FORMS
Article
4. Automatic import licensing
Apart
from the general principles prescribed in Article 3 of this Regulation, the
automatic import licensing must also comply with the following provisions:
1. All
applicants for import licenses, if meeting the legal requirements on import of
goods eligible for automatic import licensing, may submit dossiers therefor and
be licensed automatically.
2.
Dossiers of application for automatic import licensing shall be submitted to
licensing agencies before goods are cleared from customs procedures.
3.
Valid dossiers of application for automatic import licensing shall be approved
by licensing agencies right after a reasonable period of time in terms of
administrative procedures, which, however, must not exceed ten (10) working
days after receiving the valid dossier sets; the customs clearance shall be
effected only after the issuance of automatic import licenses.
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4. The
Prime Minister authorizes the Minister of Trade to, on the basis of the
practical situation and demands and after consulting with concerned agencies,
announce or adjust lists of goods imported under automatic import licenses and
the grant of import licenses for such goods. In cases where the automatic
import licensing is no longer necessary, it must be immediately annulled.
Article
5. Non-automatic import licensing
Apart
from the principles prescribed in Article 3 of this Regulation, the
non-automatic import licensing must comply with the following provisions:
1. In
cases where licenses are used for the management of import quotas or for the
performance of other import management measures, they must not cause further
obstacles to import goods. The procedures for non-automatic import licensing
shall be prescribed in compatibility with the scope and time limit of
application of import management measures and must not complicate the
application of such import management measures.
2. In
cases where the licensing does not aim to restrict goods quantity, licensing
agencies shall announce grounds for import licensing for domestic as well as
foreign organizations and individuals to know.
3. In
cases where import quotas are allocated according to supplying countries, the
import-licensing agencies of Vietnam must announce in time the total volume of
import quotas calculated according to import goods' quantity or value, time of
commencement and completion of quota allocation for the Governments of
supplying countries, domestic as well as foreign organizations and individuals
to know.
4. All
applicants for import licenses are equal in the submission of dossiers as well
as in the process of consideration for licensing. In cases where subjects
submitting dossiers of application for import licenses are refused, the
import-licensing agencies must clearly state the reasons therefor; license
applicants may lodge complaints to agencies with licensing competence,
requesting such agencies to review the refusal according to the law provisions
on import licensing.
5. In
cases where the import licensing is carried out on the principle that dossiers,
which are submitted first shall be considered first, the time limit for
consideration of dossiers of application for import licenses must not exceed
thirty (30) days after import management agencies receive valid dossier sets,
except for exceptional cases due to force majeure events. In cases where import
management agencies consider all dossiers concurrently, the time limit for
consideration thereof must not exceed sixty (60) days after the announced
deadline for submission of dossiers.
6. The
valid duration of licenses must be reasonable, being not so short that the
importation becomes infeasible. The valid duration must not be prescribed at
such levels that exclude the import of goods from far sources, except for cases
where goods must be brought into the country immediately in order to satisfy
unexpected short-term demands.
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8.
When licensing import, import management agencies should pay attention to
license applicants' desires so as to grant licenses with reasonable quantity
and in compatibility with their business practice.
9.
When licensing import, import management agencies need to formulate the
procedures for considering import activities of license applicants and
achievements recorded in implementing the granted import licenses recently (2
years at most).
In
cases where such import licenses have not yet been fulfilled, import management
agencies shall investigate into the reasons therefor so as to consider the
grant of new licenses. Import management agencies shall also have to
consider current principles and regulations and practical trading of concerned
commodity lines so as to allocate quotas and grant import licenses to new
importers in a reasonable manner.
10. In
cases where import quotas are allocated according to licenses not under
conditions on goods-supplying countries, licensed subjects shall have the right
to select supplying sources. If import quotas are allocated under conditions on
goods-supplying countries, the import licenses must be clearly inscribed with
country(ies) from which the licensed subjects may import goods into Vietnam.
Chapter III
IMPLEMENTATION PROVISIONS
Article
6. Implementation organization
1. The
Ministries of Industry; Agriculture and Rural Development; Fisheries; Culture
and Information; Health; Post and Telematics; and Finance, the State Bank of
Vietnam, the General Department of Customs and other State agencies with import
licensing competence shall have to supply relevant information to, and
coordinate with the Ministry of Trade in supervising the implementation of this
Regulation.
2. The
Ministry of Trade shall supervise and sum up the situation of implementation of
this Regulation by concerned ministries and branches; report to the Prime
Minister for handling cases of guidance and implementation in contravention of
this Regulation as well as matters falling beyond competence of concerned
ministries and branches; and act as coordinating body supplying information on
import licensing to the Committee for Import Licensing of the World Trade
Organization (WTO) and WTO member countries in accordance with the obligations
prescribed in the WTO Agreement on Import Licensing Procedures once Vietnam
becomes member of this organization.