THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
33-CP
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Hanoi,
April 19, 1994
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DECREE
ON THE STATE MANAGEMENT OF IMPORT-EXPORT ACTIVITIES
THE GOVERNMENT
Proceeding from the Law on
Organization of the Government passed on the 30th of September 1992;
Pursuant to the Resolution adopted by the Government at its session on the 13th
of January 1994;
With a view to promoting vigorously exports, orienting import to the good
service of production and consumption, protecting and developing domestic
production, increasing the efficiency of imports and exports, and broadening
external economic and trade cooperation in order to contribute to the
realization of national socio-economic targets;
At the request of the Minister of Trade;
DECREES:
Chapter I.
GENERAL PROVISIONS
Article 1.-
This Decree shall apply to the following import and export activities:
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2. The following acts are also
regarded as the import and export commodities:
- Temporary import for
re-export; temporary export for re-import and port transfer; and goods in
transit;
- The transfer of industrial
property ownership;
- Processing finished and
semi-finished products pursuant to subcontract for a foreign country, or subcontracting
a foreign country to process products;
- Acting as agent for purchases
and sales of goods, providing for or accepting brokerage from domestic and
foreign businesses to handle import and export.
Article 2.-
The import and export of the following commodities and services shall be
governed by a separate regulation and shall not be subject to this Decree:
- Gold, silver, gemstones.
- Gifts.
- Transferred property.
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- Personal belongings of Vietnamese
upon port exit and entry.
- Personal belongings of foreign
individuals and organizations upon port exist and entry.
- Commodities and utensils of
diplomatic missions and international organizations in Vietnam.
- Imports and exports of
commodities among EPZ's and between EPZ's and foreign countries.
- Services in tourism, banking,
insurance as well as post, air, rail, sea and land transport.
Article 3.-
The State management of import-export activities shall be conducted in
compliance with the following principles:
1. Observance of the laws and
related policies of the State on production, circulation and market management.
2. Respect for commitments with
foreign countries and for international trade practice.
3. Guaranty for the autonomy of
business, and the management by the State.
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PROVISIONS ON IMPORT AND
EXPORT COMMODITIES
Article 4.-
All commodities can be imported and exported, and shall be regulated by tariffs
in accordance with the Law on Import and Export Tariffs, except for the following
commodities, which are still regulated by non-tariff management measures:
1. Commodies banned from import
and export.
2. Export and import of items
regulated by quotas.
3. Special-purpose commodities.
4. Commodities related to major
balances of the national economy.
At each period, the Prime
Minister shall approve, or delegate the Director of the State Planning
Committee to approve, the list of import and export items mentioned in this
Article, and madate the Minister of Trade to promulgate it.
Chapter
III.
IMPORT AND EXPORT
BUSINESS
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Article 6.-
The conditions for licensing a business for import and export are as follows:
1. A business intending to
specialize in imports and/or exports must:
a) Be established in compliance
with the law, commit itself to obeying all extant legal provisions;
b) Have an operating capital
value in Vietnamese Dong at least equivalent to 200,000 US dollars at the time
of registration for import-export operation. Businesses in mountainous
provinces and economically disadvantaged provinces, and businesses engaged in
products which receive export encouragement and which do not require much
capital, need only have operating capital equivalent to 100,000 US dollars;
c) Trade within the class of
commodities registered on its establishment;
d) Be staffed with adequate
skilled personnel in business and in signing and performing contracts for
foreign trade.
2. Business conducting
manufacturing must:
Be established in compliance
with the law, have the facilities necessary for steady export production, have
a foreign market for consumption and be staffed with individuals possessing
adequate skills in business and in signing and performing contracts for foreign
trade, and be authorized to export its own products directly as well as import
the materials needed for its production. In case its foreign customers wish to
pay in kind (barter), licensing shall be made by the Ministry of Trade on a
case-by-case and rational basis.
Article 7.-
A business specialized in import and export, having the capability to trade in
commodity lines other than the one for which it has been licensed, has the
right to petition to the Ministry of Trade to add those commodity lines to its
import-export license, after it has registered for the same additions in its
establishing permit at the Economic Arbitration.
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Chapter
IV.
EXPORT PROMOTION POLICY
Article 9.-
The State shall encourage, and pursue support policies which assist the
businesses to develop and expand their markets, and to export products
encouraged by the State.
The Ministry of Trade, together
with the State Planning Committee, the Ministry of Finance, the State bank of
Vietnam and the related ministries, shall submit to the Government a list of
products for which export is encouraged along with the policies and measures
necessary to accomplish such export.
Article
10.- In the interest of promoting export, when a licensed exporter finds
customers and markets which seek to acquire exports of other than those
authorized by the license, the Ministry of Trade shall consider licensing
contracts for those exports on a case-by-case basis.
Article
11.- Pursuant to Article 9 of the Law on Import and Export Tariffs,
preferential tariffs shall be applied to:
1. Imported complete equipment
and technology which increase the capacity of production and processing of
exports for which proper approval from different levels of authority has been
obtained.
2. New export products generated
by new production capacity created from the joint investment of domestic
enterprises.
The Ministry of Finance shall
coordinate with the Ministry of Trade to establish concrete regulations and
guidelines on the preferential tariffs and their time frame.
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Chapter V.
MANAGERIAL MEASURES
Article
13.- The Ministry of Trade is the agency to exercise unified State
management over import and export activities. The Ministry of Trade is
responsible to:
1. Research trade strategy;
study the domestic market and markets in foreign regions, and propose policies for
each foreign market region; work with related ministries and agencies to create
a favorable business environment and orient the development of export products;
issue, or recommend the Government to issue, documents with a view to
perfecting the system of policies and laws on foreign trade.
2. Monitor compliance with
import-export laws.
Article
14.- The Ministries and the People's Committees of provinces and cities
directly attached to the Central Government are to coordinate with the Ministry
of Trade to manage import and export activities in the following manner:
1. Guiding and directing the
correct implementation of the policies and State regulations governing
import-export management within their respective ministries and localities.
2. Recommending adjustments and
changes to policies and measures of import-export management.
Article
15.- The management of imports and exports, through quotas, is to be
regulated as follows:
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2. The State Planning Committee
shall, together with the Ministry of Trade, incorporate the proposed quota and
submit them to the Prime Minister to be approved as the total quotas for
imports and exports in the following year.
3. Upon consulting with the
concerned branches and localities and the associations of importers and
exporters (if any), the Ministry of Trade shall allocate quotas (including
quotas that foreign countries have assigned to Vietnam) and directly announce
them to the businesses which are engaged in the production and trade of imports
and exports, and guide their implementation.
Businesses are not allowed to
exchange or transfer, buy or sell their assigned quotas.
Article
16.- On the basis of the contents and requirements of the annual
socio-economic obligations, and to ensure the major balances in the national
economy and the realization of the government commitments, and upon proposals
of the State Planning Committee, the Prime Minister shall approve and assign a
number of State-run businesses to handle the import and export of certain
essential commodities according to a given proportion and give them the
corresponding conditions to do the work.
Article
17.- In regard to the complete equipment, specialized equipment, materials
and a number of commodities related to national security and defense, to the
ecology and to the environment, (special-purpose commodities), the Ministry of
Trade shall license their import and export only after it has received the
consent from the concerned State management bodies.
Article
18.- The import of individual machines and equipment and complete
equipment, with State funds, shall be undertaken in accordance with Decision
No. 91-TTg, issued on November 13, 1992 by the Prime Minister.
Article
19.- The Ministry of Trade, in coordination with the Ministry of Finance,
the State Bank of Vietnam and the General Customs Office as required by its
function, shall regulate and guide the signing and implementing of foreign
trade contracts; license the import and export of commodities which require
licensing; inspect the financial and payment capabilities of the importers and
exporters; collect import and export tariffs; return the taxes; and complete
customs procedures...
Article
20.- The payment of the imports and exports to foreign customers (including
delayed payment) shall be handled in accordance with the regulations and
guidance of the bank.
Article
21.- In regard to a number of important commodities or commodities being
traded in a large volume, the Ministry of Trade, in a agreement with the State
Planning Committee and the other Ministries, shall set the prices, or the
methods for setting the minimum prices, for such export commodities and the
maximum prices for import commodities, for each period of time. The Ministry of
Trade shall promulgate the list of these commodities.
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The General Customs Office and
the customs offices at the ports are responsible for reporting in a timely
manner, to the Ministry of Trade, the status of actual imports and exports, in
order to help the guidance and management of imports and exports.
Article
23.- Under the chairmanship of the Ministry of Trade, the other ministries
and the People's Committees of provinces and cities directly attached to the
Central Government shall periodically inspect the import and export businesses,
and take appropriate measures against those which fail to meet the proper
criteria for business or have violated the law during their operation.
Article
24.- Under the chairmanship of the Ministry of Trade, the Ministry of
Justice, the Ministry of Finance and the General Customs Office shall formulate
regulations governing financial sanctions imposed against violators of import
and export business regulations.
Article
25.- Under the chairmanship of the Ministry of Trade, the Ministry of
Finance, the State Bank of Vietnam and other concerned agencies shall compile
and submit to the Prime Minister, for approval, the following regulations
regarding:
1. Vietnamese businesses opening
shops, branches and companies abroad.
2. Trade fairs, exhibitions and
commercial advertisement at home and abroad.
The Ministry of Trade is
responsible for managing and guiding the observance of these regulations.
Article
26.- Under the chairmanship of the Ministry of Trade, the Ministry of
Finance, the State Bank of Vietnam, the General Customs Office and other concerned
agencies shall formulate and put into effect the following regulations
regarding:
1. Sales agents in Vietnam for
foreign companies.
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3. Goods in transit.
4. Assignment and acceptance of
brokerage in import and export for domestic and foreign businesses.
5. Subcontracts to and from
abroad.
6. Inspection of import and
export commodities.
The Ministry of Trade shall be
responsible for the issuance, management and implementation guidance of these
Regulations.
Chapter
VI.
IMPLEMENTATION
PROVISIONS
Article
27.- This Decree becomes effective as of the date of signature and shall
replace Decree No. 114-HDBT of April 7, 1992. All previous regulations which
are contrary to this Decree shall be annulled.
Article
28.- All violations of the provisions of this Decree shall be dealt with as
prescribed by law.
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Article
30.- The Ministers, the Heads of agencies at the ministerial level, the
Heads of the other offices attached to the Government, the Chairmen of the
People's Committees of the provinces and cities directly attached to the
Central Government, are responsible for the implementation of this Decree.
FOR
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai