THE MINISTRY
OF TRADE
THE MINISTRY OF FINANCE
THE MINISTRY OF PUBLIC SECURITY
THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 10/1998/TTLT/BTM-BTC-BCA-TCHQ
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Hanoi, July 22, 1998
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JOINT CIRCULAR
GUIDING THE
INSPECTION, CONTROL AND HANDLING OF IMPORTED FABRICS AND WALLING OR FLOORING
TILES OF VARIOUS KINDS BEING CIRCULATED ON THE MARKET
Pursuant
to Directive No. 853/1997/CT-TTg of October 11, 1997 of the Prime Minister on
the combat against smuggling in the new situation and Notice No. 110/TB-VPCP of
June 2, 1998 of the Government Office on the Deputy Prime Minister Nguyen Tan
Dung's conclusion made at the conference for preliminary reviews of the combat
against smuggling through the northern border lines and the north-eastern sea;
Pursuant to Joint Circular No.07/1997/TTLT-BTM-BTC-BNV-TCHQ of October 21, 1997
of the Ministry of Trade, the Ministry of Finance, the Ministry of the Interior
and the General Department of Customs guiding the combat against smuggling
under Resolution No. 85/CP-m of the Government and the coordination of
anti-smuggling forces;
The Ministry of Trade, the Ministry of Finance, the Ministry of Public Security
and the General Department of Customs hereby guide the inspection, control and
handling of imported fabrics and walling or flooring tiles of various kinds
circulated on the market as follows:
I.-
GENERAL PROVISIONS
1. In order to contribute to repelling the
smuggling and boosting the domestic production, especially production of goods
items that need to be encouraged, the said ministries have jointly prescribed a
number of goods items to be affixed with import goods stamps. The other goods
items, particularly imported fabrics and walling or flooring tiles of various
kinds, should be subject to the intensified and tight inspection and control
because their production at home is already capable of satisfying the
consumption demand and the illegal import of such goods items has caused
numerous difficulties for domestic production.
2. The imported fabrics and walling or flooring
tiles (glazed tiles for wall covering and flooring, or walling or flooring
tiles for short) of various kinds which are circulated on the market by
business organizations and individuals, including those being transported en
route, left in stock or exposed for sale must have enough invoices and vouchers
proving their lawful origins. The imported fabrics and walling or flooring
tiles of various kinds must be transported through the prescribed border gates,
declared, and go through all customs procedures.
3. The functional bodies: the market management
agencies, the police, the customs offices and the tax authorities shall have to
raise their sense of responsibility, strictly abide by the regulations of their
respective branches, and intensify the inspection and control of imported
fabrics and walling-flooring tiles of various kinds. Any organizations and
individuals that act against this regulation shall be handled according to law.
II. THE
REGULATION ON VALID INVOICES AND VOUCHERS REQUIRED TO ACCOMPANY IMPORTED
FABRICS AND WALLING OR FLOORING TILES OF VARIOUS KINDS
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- Import goods declarations, on which the
border-gate customs offices, after checking goods, certify that the customs
procedures are completed;
- Import tax notices or import tax collection
receipts.
2. Non-quota import goods: require the originals
of the following vouchers:
- Non-quota import goods declarations on which
the border-gate customs offices certify that the customs procedures are
completed;
- Non-quota import tax collection receipts.
* For large lots of imported fabrics and walling
or flooring tiles, which must be transported in many shipments or sold to many
customers, the border-gate customs offices shall certify on each import goods
declaration excerpt for each transportation in accordance with Decision
No.172/1998/QD-TCHQ of June 20, 1998 of the General Department of Customs.
* All the import vouchers prescribed in Points 1
and 2 above must state in full: the names and addresses of the importing
organizations, the identity cards of the importing individuals, the serial
numbers and dates of the customs declarations, the goods names, specifications
and categories, the code, quantity, unit price and value of each kind of
imported fabrics or walling or flooring tiles.
3. All subjects eligible for the regime of goods
exchange applicable to border residents and those who buy goods in lots at
border markets shall, when carrying fabrics and/or walling-flooring tiles out
of such border markets, have to make customs declarations and pay import tax on
such goods volumes in accordance with Decision No. 172/1998/QD-TCHQ of June 20,
1998 of the General Department of Customs.
4. Organizations and/or individuals having fixed
business places in the border markets, when buying imported fabrics and walling
or flooring tiles of various kinds for trading, shall have to acquire
accompanying import invoices and vouchers, or make goods lists as prescribed if
they buy goods from border residents.
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6. On the domestic market:
a) Organizations and individuals with fixed
business places must have:
- The originals of the sale invoices or the
invoice-cum-delivery bills handed over by the sellers.
- In cases where they buy goods from those who
are not traders, they must make goods lists as prescribed.
- For private households with fixed business
places buying goods, in addition to the invoices and vouchers as prescribed
above, goods buying books are required. Goods actually listed on the goods
buying books must be consistent with the accompanying invoices and vouchers.
b) Business households engaged in consignment
trading must have the following accompanying vouchers:
- The originals of the sale invoices or the
invoice-cum-delivery bills as prescribed, which are handed over by selling
organizations or individuals to the buyers.
- The originals of the collection receipts of
turnover tax and/or circulation profit tax on each goods consignment, which
clearly state the serial number and date of the accompanying sale invoice and
the goods quantity and value.
- The import goods declarations or import goods
declaration excerpts to accompany the goods bought from the border areas or
border markets and transported into the inner territory.
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* Enterprises having legal person status, when
buying or selling these two goods items, must have accompanying economic
contracts.
III.-
INSPECTION, CONTROL AND HANDLING OF VIOLATIONS
1. As from the effective date of this Circular,
if organizations and individuals trading in imported fabrics and walling or
flooring tiles fail to acquire enough invoices and vouchers accompanying their
goods as prescribed in Section II above, their goods shall be considered
illegally imported goods, they shall be administratively sanctioned and have
their goods confiscated; in cases where such goods have been sold, the money
amount equivalent to the value of the sold goods shall be confiscated; the
serious cases shall be examined for penal liability.
2. Every branch, upon detecting violations by
organizations and/or individuals, shall handle the cases according to its
function and competence; if such cases are beyond its competence, it shall
forward them to the higher level or the provincial/municipal People's Committee
for handling, then report the result to the provincial/municipal market
management sub-department for making sum-up report to the Market Management
Department of the Ministry of Trade.
3. All acts of making and/or using invoices and
vouchers not in accordance with regulations, or re-using invoices and vouchers
to trade in illegally imported goods shall be administratively sanctioned and
the goods involved in such violations shall be confiscated. All acts of
printing, issuing, buying, selling or using counterfeit invoices shall be
severely dealt with by law.
4. The inspection and control forces, upon
detecting goods with signs of unlawful origins, shall be entitled to track down
the organizations and/or individuals that have issued the first invoices and
vouchers of the goods lots. If such organizations and/or individuals cannot
produce the invoices and vouchers proving the lawful origins of the goods lots
they have sold, they shall be administratively sanctioned, have their sale
money amounts equal to the value of the sold goods confiscated.
- The inspection and control forces are strictly
forbidden to arbitrarily decide the temporary seizure of goods and means when such
goods have enough prescribed invoices and vouchers.
5. The handling of the confiscated goods shall
comply with stipulations of Joint Circular No.07/1997/TTLT of October 21, 1997.
IV.-
IMPLEMENTATION PROVISIONS
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- Functional forces in each locality shall take
the initiative in devising plans to closely coordinate with units of the same
function in the neighboring localities and in border areas... for timely
support in verifying invoices and vouchers when necessary.
2. The People's Committees of the provinces and
cities directly under the Central Government shall direct the local functional
units to well perform the said tasks; and at the same time disseminate these
widely on the mass media so that all business organizations and individuals can
thoroughly understand and implement them.
3. The inspection shall be focused on the border
gates along border lines, the coastal regions, the routes from the border to
inland localities, the places where goods are gathered, the commercial centers where
fabrics and walling-flooring tiles are traded.
4. The Market Management Department of the
Ministry of Trade shall organize the coordination among forces on the border
lines and inland localities; set up express information channels between the
Department and the local market management sub-departments and among such
sub-departments, so as to quickly verify the legal validity of vouchers and
invoices with signs of violation and help the inspection and control forces
promptly handle the violation cases.
5. This Circular takes effect 30 days after its
signing and all goods left in stock without having enough prescribed invoices
and vouchers shall not be accepted. The inspection and control of other goods
items shall still be carried out in accordance with Joint Circular
No.07/1997/TTLT of October 21, 1997, Circular No.77/1997/TTLT of November 1st,
1997 and Circular No.30/1998/TTLT of March 16, 1998.
THE MINISTRY OF TRADE
VICE MINISTER
Ho Huan Nghiem
THE MINISTRY OF
FINANCE
VICE MINISTER
Pham Van Trong
THE MINISTRY OF PUBLIC
SECURITY
VICE MINISTER
Le The Tiem
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