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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.2504/2005/QD-BTM
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Hanoi, October 10, 2005
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DECISION
PROMULGATING
THE REGULATION ON MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT
FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT
THE MINISTER OF TRADE
Pursuant to the Government’s Decision No. 29/2004/ND-CP dated January
16, 2004 on the functions, tasks, power and organizational structure of the
Ministry of Trade;
Pursuant to the Government’s Decree No. 57/1998/ND-CP dated July 31, 1998 on
detailing the implementation of the Commercial Law regarding import, export,
processing and sale and purchase agency activities with foreign countries;
Pursuant to the directions of the Prime Minister stated in Official Dispatch
No. 935/TTg-KTTH dated July 7, 2005 on trading in temporary import for
re-export, border - gate transshipment and sending goods to bounded
warehouses;
At the proposal of the Director of the Import and Export Department,
DECIDES:
Article 1. To issue together with this Decision the Regulation on
management of temporary import for re-export, border gate transshipment
for goods banned from import and goods temporarily ceased from import.
Article 2. To annul Circular No. 16/2000/TT-BTM dated August 21,
2000 of the Ministry of Trade guiding the temporary import for re-export and
border - gate transshipment for automobiles and cigarettes into the Chinese
market.
Article 3. This Decision takes effect 15 days after its publication
in CONG BAO.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Phan The Rue
REGULATION
ON
MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT
FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT
(Issued together with Decision No.
2504/2005/QD-BTM dated October 10, 2005 of the Minister of Trade)
Article 1.
Scope of regulation
1. This Regulation governs the
management of temporary import for re-export, border gate transshipment for
goods banned from import and goods temporarily ceased from import and decentralization
of this management between the Ministry of Trade and the People’s
Committees of the provinces where the border gate Economic Zones are located as
stipulated at Decision No. 53/2001/QD-TTg dated April 19, 2001 of the Prime
Minister (hereinafter referred to as the People’s Committees of the provinces
where the border - gate Economic Zones are located) .
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Article 2.
Goods temporarily imported
for re-export and border gate transshipment
1. The temporary import for
re-export and border gate transfer for goods on the List enclosed
with this Regulation is banned.
2. For goods banned from import
and goods temporarily ceased from import but are not in the List issued
together with this Regulation, traders may only do business of temporary import
for re-export and border gate transshipment after getting written permission by
the People’s Committees of the provinces where border gate Economic Zones are
located in accordance with the stipulations in this Regulation.
Article 3.
The agencies in charge of
granting licenses for temporary import for re-export and border -gate
transshipment for goods banned from import and goods temporarily ceased from
import.
1. The Ministry of Trade shall
grant licenses for temporary import for re-export and border -gate
transshipment for goods banned from import and goods temporarily ceased from
import through the international border gates and international seaports of
Vietnam.
2. The People’s Committees of
the provinces where the border - gate Economic Zones are located shall have to
grant licenses for temporary import for re-export and border - gate
transshipment for goods banned from import and goods temporarily ceased from
import at the border gate Economic Zones.
3. The coordination in granting
licenses for temporary import for re-export and border gate transshipment for
goods banned from import and goods temporarily ceased from import between the
Ministry of Trade and the People’s Committees of the provinces where the border
gate Economic Zones are located shall be conducted as follows:
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b. The traders who have been
granted by the Ministry of Trade the licenses for temporary import for
re-export and border-gate transshipment, then need to re-export
goods through border-gate Economic Zones shall produce such licenses
granted by the Ministry of Trade for getting their permission for
re-export via border - gate Economic Zones.
Article 4.
Requirements for the business
activities of temporary import for re-export and border-gate transshipment for
goods banned from export and goods temporarily ceased from import
4.1. For the granting of
licenses by the Ministry of Trade:
Goods delivery and receipt
means must be the international means of transport as stipulated in the
Law on Marine and other current stipulations of the Ministry of Transport.
The payment must be carried out
via the banks in accordance with the stipulations of the State Bank of Vietnam.
4.2. For the People’s Committees
of the provinces where the border - gate Economic Zones are located:
The People’s Committees of the
provinces where the border - gate Economic Zones are located shall issue the
conditions for being granted licenses on temporary import for re-export
and border - gate transshipment for goods banned from import and goods
temporarily ceased from import at the border gate Economic Zones according to
the current stipulations, international practices, conditions to combat against
the trade fraudulences, smuggling in their provinces and other conditions for
being granted licenses on temporary import for re-export, border - gate
transshipment for goods banned from import and goods temporarily ceased from
import at the border - gate Economic Zones.
Article 5.
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5.1. The People’s Committees of
the provinces where the border - gate Economic Zones are located shall have to
quarterly report in writing the licenses granting situation, the situation of
combating against smuggling and trade fraudulences, that is related to the
granting of business licenses to the Ministry of Trade to sum up and report to
the Prime Minister.
5.2. Any violations of this
Regulation shall be handled according to the provisions of law.
APPENDIX
THE
LIST OF GOODS BANNED FROM TEMPORARY IMPORT FOR RE-EXPORT AND BORDER - GATE
TRANSSHIPMENT
(Issue together with the Regulation on
management of temporary import for re-export and border - gate transshipment
for goods banned from import and goods temporarily ceased from import)
1. Weapons, ammunitions,
explosive materials (excluding industrial explosive materials according to the
separate stipulations), military technical equipment.
2. Antiquities
3. Drugs of all kinds (excluding
the pre-drugs according to the specific stipulations).
4. Toxic chemicals of all kinds
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6. Special-use codes of all
kinds and code software programs used to protect the State secrets.
7. Discarded materials and
wastes (excluding the discarded materials and wastes that are allowed
to import fore use as materials for the domestic production).