THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
62/2001/TT-BNN
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Hanoi,
June 05, 2001
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CIRCULAR
GUIDING THE EXPORT AND IMPORT OF GOODS SUBJECT TO THE
SPECIALIZED MANAGEMENT BY THE AGRICULTURE SERVICE UNDER THE PRIME MINISTER’S
DECISION No. 46/2001/QD-TTg OF APRIL 4, 2001 ON THE MANAGEMENT OF GOODS EXPORT
AND IMPORT IN THE 2001-2005 PERIOD
In furtherance of Articles 3 and 4 of the
Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001 on the management
of goods export and import in the 2001-2005 period, the Ministry of Agriculture
and Rural Development hereby guides the export and import of goods subject to
the agriculture service’s specialized management.
Chapter I
GENERAL PROVISIONS
1. This Circular applies to the export and
import of goods subject to the agriculture service�s specialized management, including:
- The export of timber and wood products;
- The export of wild animals, rare and precious
animals and forest plants;
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- The import of veterinary drugs, raw materials
for production thereof and bio-products for veterinary use;
- The import of plant protection drugs, raw
materials for production thereof and plant protection insects of all kinds;
- The import of livestock feeds and raw
materials for protection thereof;
- The import of fertilizers and fertilizer preparations;
- The export and import of gene sources of
cultivation plants, livestock and micro-organisms in service of scientific and
technical research and exchange.
2. Goods subject to the animal or plant
quarantine shall comply with the current provisions of law.
3. Enterprises shall be responsible for the
accuracy of data declared upon import or export and answerable to consumers for
the quality of imported goods according to the current law of the Vietnamese
State.
Chapter II
SPECIFIC PROVISIONS
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1.1. Timber and wood products from domestic
natural forests, which are banned from export, including:
- Log timber of all kinds;
- Sawed timber of all kinds;
- Products of rare and precious woods from
domestic natural forests of group IA specified in Decree No.18/HDBT of January
17, 1992 of the Council of Ministers (now the Government);
- Firewood and charcoal made from timber or
firewood originated from domestic natural forests;
- Timber of trees named in the list of wild animals
and plants banned from international trade under the Convention on
International Trade in Endangered Species of Wild Animals and Plants
(abbreviated to CITES).
1.2. Wood products exported under permits or
certain conditions
a/ For timber of trees named in the list of wild
animals and plants subject to conditional export (Annex II of CITES), when
being exported, permits of Vietnam-based CITES office must be obtained;
b/ Products of rare and precious wood of group
IIA specified in Decree No.18/HDBT of January 17, 1992 shall be permitted to be
exported only in form of fine-art articles and high-class wood furniture. When
exporting them, exporting enterprises must obtain permits of local ranger
sub-departments.
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All products made from timber categories not
specified in Clauses 1.1 and 1.2 as well as those from planted forests (except
for log timber and sawed timber) shall be permitted to be exported with
unlimited quantity and value. When exporting them, exporting enterprises shall
only have to fill in the customs procedures at border-gates.
1.4. Log timber and sawed timber originated from
planted forests or with import origin:
a/ For log timber and sawed timber originated from
planted forests:
Enterprises may export log timber and sawed
timber of all categories originated from planted forests with unlimited
quantity and value. When exporting them, enterprises shall only have to fill in
the customs procedures at border-gates and produce written certifications by
the ranger offices of locations where timber is exploited.
b/ For log timber and sawed timber with import
origin:
- Where enterprises, which have imported such
timber for production and/or trading, do not use but re-export it, they shall,
when carrying out the export procedures, only have to produce import customs
declarations issued by the import border-gates’ customs according to the
current regulations;
- Where enterprises entrust timber import to
other enterprises, when exporting such timber, they must have entrustment
contracts and copies of import customs declarations certified by the entrusted
enterprises;
- Where an exporting enterprise re-purchases
timber from an importing enterprise for re-export, when the export procedures
are carried out, there must be:
+ Purchase-sale contract between the two units;
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- For timber cut into short pieces or sawed from
imported log timber, written certification by the local ranger office and the
Vietnamese ranger’s hammer indentation are required;
- All log timber and sawed timber with import
origin must bear the hammer indentations of the exporting countries (if the
exporting countries have no hammer indentations, the Vietnamese ranger’s hammer
indentation shall be appended according to regulations and specific hammer
specimens).
2. The export of wild animals,
rare and precious animals and rare and precious forest plants
2.1. The following wild animal species and rare
and precious forest plants are banned from export for commercial purposes:
a/ Rare and precious forest animal and plant
species specified in Decree No.18/HDBT of January 17, 1992 of the Council of
Ministers (now the Government);
b/ Ordinary wild animal species exploited and
caught directly from the nature as specified in the Prime Minister’s Directive
No.359/TTg of May 29, 1996;
c/ Wild animal and plant species available in
Vietnam and named in Annex I of CITES;
d/ Wild animal species being natural enemies of
rats as specified in the Prime Minister’s Directive No.9/1998/CT-TTg of
February 18, 1998 and Decision No.140/2000/QD-BNN-KL of December 21, 2000 of
the Minister of Agriculture and Rural Development promulgating the list of a
number of wild animal species being natural enemies of rats;
e/ Tram or aloes wood (of gio bau tree)
essence and sarsi essence according to Decision No.45/1999/QD-BNN-KL of March
2, 1999 of the Ministry of Agriculture and Rural Development.
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a/ For wild animals and rare and precious forest
plants specified at Points a and c of Clause 2.1, when being exported for
scientific research or international cooperation purpose, the permission of the
Ministry of Agriculture and Rural Development is required. Particularly for
species of group I specified in Decree No.18/HDBT of January 17, 1992, the
Prime Minister’s permission is required;
b/ For wild animals and rare and precious forest
plants specified at Points a, b and d of Clause 2.1, which are reared,
multiplied and developed at farms or households, the products of their
offspring of F2 generation downward can be exported with certification by local
ranger sub-departments. The Vietnam-based CITES office shall base itself on
such certification to issue export permits;
c/ For wild animals specified at Point c, Clause
2.1, the products of their offspring of F2 generation downward, which are
multiplied, reared and bred at farms, can be exported under the following
conditions:
- There are rearing farms certified by the CITES
international;
- There are quotas granted by the CITES
international;
The Vietnam-based CITES office shall base itself
thereon to carry out the procedures for issuing export permits.
2.3. The import of wild animal species and
forest plants specified at Point c, Clause 2.1 must be permitted in writing by
the Vietnam-based CITES office.
3. The export and import of
cultivation plant and livestock breeds
3.1. The export of cultivation plant and
livestock breeds
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b/ For other cultivation plant and livestock
breeds, which are not on the above-said lists, when enterprises export them,
they shall only have to fill in the customs procedures at border-gates.
3.2. The import of cultivation plant and livestock
breeds
a/ For cultivation plant and livestock breeds on
the list of cultivation plant varieties allowed to be imported and the list of
livestock breeds allowed to be imported, promulgated by the Ministry of
Agriculture and Rural Development by Decision No.58/2001/QD/BNN-KNKL of May 23,
2001, when enterprises import them, they must have dossiers on their origin,
background and use instructions and shall only have to fill in the customs
procedures at border-gates.
b/ Cultivation plant and livestock breeds
outside the above-said lists, when being imported, must be given assay permits
by the Department for Agriculture and Forestry Promotion of the Ministry of
Agriculture and Rural Development. Basing itself on the assay results, the
Ministry of Agriculture and Rural Development shall add them to the lists of
cultivation plant and livestock breeds allowed to be imported into Vietnam.
c/ The import of cattle embryos and sperm and
poultry breeding eggs must be permitted in writing by the Department for Agriculture
and Forestry Promotion of the Ministry of Agriculture and Rural Development.
4. The import of veterinary
drugs, raw materials for the production thereof and bio-products for veterinary
use
a/ For those on the list of veterinary drugs and
raw materials for the production thereof allowed to be imported into Vietnam
promulgated by the Ministry of Agriculture and Rural Development by Decision
No.45/2001/QD-BNN-TY of April 18, 2001, when being imported, the importing
enterprises shall only have to fill the customs procedures at border-gates.
b/ Veterinary drugs, raw materials for the
production thereof and bio-products for veterinary use outside the above-said
list shall be granted assay permits by the Veterinary Department of the
Ministry of Agriculture and Rural Development as prescribed for each type.
Basing itself on the assay results, the Ministry of Agriculture and Rural
Development shall add them to the list of veterinary drugs, raw materials for
the production thereof and bio-products for veterinary use allowed to be
imported into Vietnam.
c/ For vaccines of all kinds, when being
imported, the permits of the Veterinary Department of the Ministry of
Agriculture and Rural Development are required.
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a/ For those on the list of plant protection
drugs permitted for use in Vietnam, promulgated by the Ministry of Agriculture
and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March 6, 2001, when
importing them, enterprises shall only have to fill in the customs procedures
at border-gates.
b/ Those kinds on the list of plant protection
drugs banned from use in Vietnam, promulgated by the Ministry of Agriculture
and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March 6, 2001,
shall be banned from import.
c/ For those kinds on the list of plant
protection drugs restricted from use in Vietnam, promulgated by the Ministry of
Agriculture and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March
6, 2001, the Ministry of Agriculture and Rural Development shall annually
announce the volume permitted to be imported. Enterprises qualified for trading
in such drugs shall make registration for the granting of import permits by the
Plant Protection Department of the Ministry of Agriculture and Rural
Development.
d/ For those kinds of plant protection drugs and
raw materials for the production thereof not on the above-said list and insects
of all kinds used in plant protection, the Plant Protection Department of the
Ministry of Agriculture and Rural Development shall grant assay permits as
prescribed for each type. Basing itself on the assay results, the Ministry of
Agriculture and Rural Development shall add them to the list of plant protection
drugs and raw materials for the production thereof permitted for use in
Vietnam.
6. The import of livestock
feeds and raw materials for the production thereof
a/ For products on the list of livestock feeds
and raw materials used for livestock feeds processing, allowed to be imported
into Vietnam in the 2001-2005 period, promulgated by the Ministry of
Agriculture and Rural Development by Decision No.55/2001/QD-BNN-KNKL of May 11,
2001, when importing them, enterprises shall only have to fill in the customs
procedures at border-gates.
b/ Products on the list of livestock feeds and
raw materials for the production thereof banned from import into Vietnam, which
is promulgated by the Ministry of Agriculture and Rural Development by Decision
No.55/2001-QD/BNN-KNKL of May 11, 2001, shall be banned from import.
c/ For livestock feeds and raw materials for the
production thereof not on the above-said list, when being imported, the assay
permits of the Department for Agriculture and Forestry Promotion of the Ministry
of Agriculture and Rural Development are required separately for each kind.
Basing itself on the assay results, the Ministry of Agriculture and Rural
Development shall add them to the list of livestock feeds and raw materials for
the production thereof, permitted to be imported into Vietnam.
7. The import of fertilizer and
fertilizer preparations
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b/ For fertilizers and fertilizer preparations
outside the above-said list, the Department for Agriculture and Forestry
Promotion of the Ministry of Agriculture and Rural Development shall grant
assay permits prescribed for each kind upon their import. Basing itself on the
assay results, the Ministry of Agriculture and Rural Development shall add them
to the list of fertilizers permitted for use and circulation in Vietnam.
8. The export and import of
gene sources of cultivation plants, livestock and micro-organisms in service of
scientific and technical research and exchange
The export and/or import of all objects being
gene sources of cultivation plants, livestock and micro-organisms and new
bio-products used in agriculture for scientific and technical research,
experiment and exchange purposes must be permitted in writing by the Department
for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural
Development.
Chapter III
IMPLEMENTATION
PROVISIONS
1. Agencies to receive and settle dossiers of
application for export permits, import permits or assay permits are located at
the following addresses:
a/ Local ranger sub-departments: For cases
prescribed at Point b, Clause 1.2, Section 1, Chapter II;
b/ The Ranger Department (No.2 Ngoc Ha street,
Ba Dinh district, Ha Noi city, telephone: 7335674, facsimile: 7335685): For
cases prescribed at Point a, Clause 1.2, Section 1, and Clauses 2.2 and 2.3,
Section 2, Chapter II;
c/ The Department for Agriculture and Forestry Promotion
(No.2 Ngoc Ha street, Ba Dinh district, Ha Noi city, telephone: 8234651,
facsimile: 8236403) or the representative office of the Department for
Agriculture and Forestry Promotion in Ho Chi Minh City (No.12 Phung Khac Khoan
street, Ho Chi Minh City, telephone: 088.243870 and 088.293280): For cases
prescribed at Points b and c, Clause 3.2, Section 3 (except for cultivation
plant and livestock breeds specified in Decree No.18/HDBT of January 17, 1992
and the regulations of CITES, for which dossiers must be sent to the Ranger
Department), Point c, Section 6; Point b, Section 7 and Section 8, Chapter II;
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e/ The Plant Protection Department (No.149, Ho
Dac Di street, Dong Da district, Ha Noi city, telephone: 8519451, facsimile:
5330043) or the representative office of the Plant Protection Department in Ho
Chi Minh City (No.28 Mac Dinh Chi street, District I, Ho Chi Minh City,
telephone: 8221413, facsimile: 8244187): For cases prescribed at Point c and d,
Section 5, Chapter II.
2. Dossier form: Dossiers shall be made
according to the dossier form set by the specialized management bodies of the
Ministry of Agriculture and Rural Development.
3. The time limit for settling dossiers: Within
7 working days after receiving valid dossiers, the dossier-receiving agencies
defined in Section 1 of this Chapter shall have to give their written replies.
4. Implementation effect
This Circular replaces Circular No.41/2000/TT-BNN-KH
of April 13, 2000 of the Ministry of Agriculture and Rural Development guiding
the export and import of goods subject to specialized management by the
agriculture service.
This Circular takes effect after its signing.
Any problems arising in the course of
implementation should be reported by the concerned organizations and
individuals to the Ministry of Agriculture and Rural Development for
consideration and solution.
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