THE MINISTRY OF TRADE
THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 23/1998/TTLT-BTM- TCHQ
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Hanoi, December 31, 1998
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JOINT CIRCULAR
ON THE SETTLEMENT OF A NUMBER OF IMPORT-
EXPORT PROCEDURES FOR FOREIGN INVESTED
ENTERPRISES
In furtherance of the Government’s Decree
No.12-CP of February18, 1997 and Decree No.10/1998/ND-CP of January 23, 1998
prescribing a number of measures to encourage and guarantee direct foreign
investment activities in Vietnam; and to create favorable import-export
procedures for foreign-invested enterprises, the Ministry of Trade and the
General Department of Customs hereby agree to settle a number of import-export
procedures, concretely as follows:
I. GENERAL PROVISIONS
This Circular provides additional guidance on a
number of matters stipulated in Decree No.12-CP of February 18, 1997 and Decree
No.10/1998/ND-CP of January 23, 1998 of the Government, which fall under the
two branches’
function of State management over the import-export activities of
foreign-invested enterprises and parties to business cooperation contracts,
hereafter referred to as enterprises.
The Ministry of Trade and the agencies
authorized by the Ministry of Trade to ratify import-export plans (including
the Management Boards of industrial parks and the provincial/municipal People’s
Committees) shall, hereafter, be called as agencies ratifying import-export
plans for short.
II.SPECIFIC PROVISIONS
1. On the import or export exceeding the value
of the ratified plan:
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i. For a number of goods imported for capital
construction under investment projects, which are difficult to be determined in
term of their quantities and cannot be listed in detail (often calculated on
the basis of systems; sets or lots...), the customs authorities shall, when
clearing the import procedures, make back deduction, based on the ratified
value for those goods.
ii. If the import goods amount exceeds that
stated in the ratified plan or the actual import value exceeds that stated in
the ratified plan by not more than 10 per cent (but the absolute value does not
exceed US$100,000) and if the concerned enterprise accepts to pay import tax on
the difference of the actual goods’ value and that already ratified, the
customs authority shall clear import procedures for such enterprise without
having to obtain certification from the agency ratifying the import-export
plan;
If the enterprise asks for import tax exemption
or the actual import value exceeds the ratified value by 10 per cent, or the
absolute value is over US$ 100,000, the customs authority shall clear import
procedures for such enterprise only after obtaining a written approval and
certification of import tax exemption from the agency ratifying the
import-export plan.
b/ For goods planned to be imported for
production and business:
If the actual import value exceeds the ratified
value by not more than 10 per cent (but the absolute value does not exceed US$
200,000), the customs authority shall clear import procedures and effect import
tax in accordance with the current regulations, without having to obtain a
re-confirmation from the agency ratifying the import-export plan.
c/ For the export of products made by the
enterprise itself according to its investment license:
If the actual export value exceeds the goods’
value stated in the ratified plan (the absolute value is not restricted), the
customs authority shall clear the export procedures without having to obtain a
re-confirmation from the agency ratifying the import-export plan.
2. On the import of tools and/or spare parts
not yet included in the ratified plan for the repair or replacement of the
broken part of equipment and/ or machinery:
The customs authority shall clear import
procedures and effect import tax according to the current regulations on those
goods items, provided that the goods’ value does not exceed US$10,000 each
importation, and shall not have to obtain a re-confirmation from the agency
ratifying the import-export plan.
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3. On the temporary export and re-import of
equipment and/or machinery for repair:
The customs authority shall clear procedures for
the temporary export of the broken equipment and/or machinery (or their parts)
abroad for repair and then re-import of such equipment and/or machinery (or
their parts) which have been completely repaired, without having to obtain a
written consent from the agency ratifying the import-export plan.
4. For minor adjustments, the customs
authority may clear the import procedures for the enterprise, without having to
get a written consent item the agency ratifying the import-export plan shall
include:
i. For actually imported raw materials, tools,
spare parts and supplies, whose names, calculation units and categories differ
from those in the plan due to the enterprise’s mistranslation or printing
errors, the customs authority shall base itself on the original version of the
import list in foreign language which is attached to the import-export plan
already ratified by the competent agency in order to clear import procedures
for the enterprise.
ii. Changes in sizes, models and patterns of
supplies and/or equipment (such as beds, wardrobes, tables, chairs, carpets,
curtains, etc., except for equipment and machinery) for services projects (such
as hotels, offices, sport centers, etc.), provided that their values remain
unchanged.
5. On the temporary import for re-export or
temporary export for re-import of packages:
The temporary import for re-export or temporary
export for re-import of packages for import raw materials or for the to
be-exported finished products, which are of rotatory character (such as spools,
bobbins, special-use boxes, etc.) shall be agreed upon by the purchaser and the
buyer in the raw material import contract or product export contract. The
customs authority shall clear procedures for the temporary export for re-import
or temporary import for re-export without having to obtain certification from
the agency ratifying the import/export plan.
6. For import-export goods that fail to
comply with the import-export contracts:
For the re-export to foreign countries of goods
that fail to comply with the provisions of the contracts and the reception of
their replacements; the taking back of the already- exported goods which are
refused by the clients due to their failure to comply with the provisions of
the contracts and the export of their replacement, the customs authorities
shall clear the import-export procedures without having to obtain a written
certification from the plan ratifying agencies.
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a/ For export goods:
Goods exported by a foreign-invested enterprise
to a foreign company must be the products stipulated in the enterprise’s
investment license and made by that enterprise itself, which are included in
the ratified annual export plan (according to Decision No.321/1998/QD-BTM of
March 14, 1998 and Decision No.625/1995/QD-BTM of June 1st, 1998 of
the Ministry of Trade).
b/ In case the domestic enterprise receives
goods for production and business purposes.
i. If the goods-receiving domestic enterprise is
a foreign-invested one:
The goods must be the raw materials used for the
Enterprise’s production and included in the ratified annual import plan.
ii. If the domestic goods-receiving enterprise
is a Vietnamese one:
The goods may be production raw materials or
goods in service of the enterprise’s business, which must conform with the
business lines stated in its business registration certificate, the
import-export management policy as well as the tax policy applicable to import
goods.
iii. Procedures:
- Both the exporting and importing enterprises
shall have to sign import contracts with the concerned foreigner trader.
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c/ In case the domestic enterprise receives
products for the performance of a sub-contract with the foreign trader:
The performance of the sub-contract and the
clearance of import procedures shall comply with the provisions of Decree
No.57/ND-CP/1998 of July 30, 1998 of the Government and Circular
No.18/1998/TT-BTM of August 28, 1998 of the Ministry of Trade.
This Joint Circular takes effect 15 days after
its signing.
FOR THE MINISTER OF
TRADE
VICE MINISTER
Mai Van Dau
FOR THE GENERAL
DIRECTOR OF CUSTOMS
DEPUTY GENERAL DIRECTOR
Nguyen Manh Cam