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THE
MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
06/2007/TT-BTM
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Hanoi , May 30, 2007
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CIRCULAR
GUIDING THE IMPORT OF MOTORBIKES
OF A CYLINDER CAPACITY OF 175 CM3 OR HIGHER
Pursuant to the Governments
Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks,
powers and organizational structure of the Ministry of Trade;
Pursuant to Resolution No. 71/2006/QH of November 29, 2006, of the National
Assembly of the Socialist Republic of Vietnam, ratifying the Protocol on
Vietnams accession to the World Trade Organization;
Pursuant to the Governments Decree No. 12/2006/ND-CP of January 23, 2006,
detailing the implementation of the Commercial Law regarding international goods
sale and purchase and goods sale and purchase agency, processing and transit
activities with foreign parties;
Pursuant to the Prime Ministers Decision No. 41/2005/QD-TTg of March 2,
2005, promulgating the Regulation on goods import licensing;
Pursuant to the Government Offices Official Letter No. 2586/VPCP-KTTH of
May 16, 2007, announcing the Prime Ministers guiding opinions on the
management of the import and use motorbikes of high cylinder capacity;
The Ministry of Trade guides the import of motorbikes of high cylinder
capacity as follows:
I. GENERAL PRINCIPLES
1. Motorbikes of a cylinder
capacity of 175 cm3 or higher are
motorbikes with a reciprocating internal combustion piston engine of a cylinder
capacity of 175 cc or higher under Heading 8711 of the Import-Export Tariffs
(below referred to as high-cylinder capacity motorbikes).
2. High-cylinder capacity
motorbikes are imported under automatic import licenses granted by the Ministry
of Trade.
3. The temporary import for
re-export and border gate-to-border gate transportation of high-cylinder
capacity motorbikes comply with the Governments Decree No. 12/2006/ND-CP of
January 23, 2006, detailing the implementation of the Commercial Law regarding
international goods sale and purchase and goods sale and purchase agency,
processing and transit activities with foreign parties. Procedures for
temporary import for re-export and border gate-to-border gate transportation
shall be carried out directly at border-gate customs offices without requiring
the Trade Ministrys permission.
4. The use registration of, and exams for driving licenses for,
high-cylinder capacity motorbikes are carried out in accordance with current
law.
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II. IMPORT PROCEDURES
1. The regime of automatic
import licensing is applied to high-cylinder capacity motorbikes.
2. Procedures of registration
for automatic import licenses are specified as follows:
Before carrying out customs
procedures for the import, a trader shall send to the Ministry of Trade one
dossier set comprising:
- 02 copies of the import
registration application, made according to a set form;
- A copy of the import contract,
affixed with the true copy stamp by the trader.
(For traders that make import
registration for the first time, one valid copy of the business registration
certificate is required).
3. Time limit for carrying out
automatic import registration procedures:
The Ministry of Trade shall
certify automatic import registration applications for traders within 3 working
days after receiving a dossier.
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III. ORGANIZATION OF
IMPLEMENTATION AND HANDLING OF VIOLATIONS
1. The Minister of Trade shall
authorize the director or deputy directors of the Import-Export Department to
certify automatic import registration applications.
2. After importing each goods
lot, traders shall send to the Ministry of Trade a report (hard copy) on the
import of high-cylinder capacity motorbikes, made according to a set form and
its soft copy to the e-mail address: xemay@mot.gov.vn. Based on those reports,
the Ministry of Trade shall certify traders applications of registration for
the import of high-cylinder capacity motorbikes for the next shipment.
3. This Circular takes effect 15
days after its publication in CONG BAO.
THE
MINISTRY OF TRADE
VICE MINISTER
Do Nhu Dinh