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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.242/1999/QD-TTg
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Hanoi,
December 30, 1999
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DECISION
ON GOODS IMPORT AND EXPORT CONTROL
THE PRIME MINITER
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Government's Decree No.57/1998/ND-CP of July 31, 1998 detailing
the implementation of the Commercial Law regarding goods export, import,
processing as well as sale and purchase agency activities with foreign
countries;
At the proposal of the Minister of Trade,
DECIDES
Article 1.- To ratify the 2000 lists of
exports and imports, including:
- The list of goods to be banned from export and
import (in Appendix 1 attached to this Decision).
- The list of import goods requiring the Trade
Ministry's permits (in Appendix 2 attached to this Decision).
Article 2.- The export of textiles and
garments to quota-regulated markets shall comply with guiding circulars of the
Ministry of Trade, the Ministry of Planning and Investment and the Ministry of
Industry. The said ministries should clearly stipulate the bidding rate of
approximately 25-30% of the textile and garment quotas for goods items with
limited quotas as compared to production capacity.
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Article 4.- On the import of petrol and
oil (excluding lubricants):
a/ The Ministry of Trade shall control and
ensure the import of around 8 million tons of petrol and oil products in the
year 2000; and allocate from the beginning of the year the entire petrol and
oil import quotas to enterprises specialized in petrol and oil import, which
have been permitted by the Prime Minister and the Trade Ministry in 1999.
The allocation of petrol and oil import quotas
to the specialized enterprises shall be decided by the Trade Minister on the
case-by-case basis.
b/ Where the import quotas need to be adjusted,
the Ministry of Planning and Investment shall consult the Ministry of Trade before
reporting such to the Prime Minister for consideration and decision;
c/ The Government Pricing Committee is assigned
the prime responsibility together with the relevant ministries and branches to
closely monitor the situation on petrol and oil prices and markets, and report
it to the Prime Minister for consideration and adjustment of the petrol and oil
ceiling retail prices in case of necessity so as to stabilize the petrol and
oil prices on the market.
Article 5.- The liquor import shall
comply with the Trade Ministry's guidance.
Article 6. - On the import of IKD
components for automobiles and motorcycles of different types:
a/ Foreign-invested enterprises engaged in the
assembly and/or manufacture of automobiles of different types and motorcycles
in IKD form are allowed to import components for manufacture and/or assembly in
strict compliance with their investment licenses (according to the current
regulations on the assignment of import-export management responsibility) as
well as the regulations of the Ministry of Science, Technology and Environment,
the Ministry of Industry and the Ministry of Communications and Transport on
the means standards, and the State's current policy on the localization of such
products:
b/ Domestic enterprises investing in the
manufacture and/or assembly of motorcycles in IKD form which have been
permitted by the Ministry of Industry, the Ministry of Science, Technology and
Environment and the Ministry of Communications and Transport in 1999, shall be
entitled to import IKD components for assembly according to their production
capacity and fill in the customs procedures; no more permits shall be granted
to enterprises engaged in assembly of motorcycles in IKD form.
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c/ Enterprises engaged in the manufacture and or
assembly of motorcycles in IKD form must not use the already registered spare
parts and component s imported under their localization programs for motorcycle
assembly. The Ministry of Industry shall assume the prime responsibility
together with the Ministry of Science, Technology and Environment to inspect
the implementation of the said provisions.
Article 7.- The import of consumer goods
shall be regulated mainly by taxes, surcharges and modes of bank payment.
Enterprises importing consumer goods shall have to balance foreign currencies
by themselves for the import and apply the mode of immediate lump-sum payment.
Article 8.- The import of commodity
groups and goods items mentioned in Appendix 2 attached to this Decision must
be permitted in writing by the Trade Ministry.
Article 9.- The relevant ministries and
branches are assigned to, after reaching agreement with the Trade Ministry,
promulgate lists of, and guide the import and export of goods subject to the
specialized management on the principle of only stipulating the technical
criteria, usage properties and import/export conditions for enterprises to have
basis for carrying out the import/export procedures at the border-gate customs
office, not granting permits for or approving the import/export goods items,
their quantity and value.
The guidance for import and export of the
above-mentioned special-use goods must be announced clearly and concretely and
reported to the Prime Minister before March 1st-, 2000.
Article 10. - The export of wood products
and import of raw material wood shall comply with the separate written
regulations of the Prime Minister.
Article 11.- Goods items for which the
State ensures the foreign currency balance to meet the import demand, such as
petrol and oil, fertilizers and steel, may be re-exported only when the foreign
customers confirm to make payment in freely-convertible foreign currency(ies);
where a country sharing borderlines with Vietnam makes an official request for
the procurement of the said supplies but is unable to make payment with
freely-convertible foreign currency(ies), the Ministry of Trade shall report
such to the Prime Minister for decision.
Article 12. - For the supplies and goods
other than those listed in Appendices 1 and 2 and stipulated in this Decision,
enterprises which have business registration certificates, appropriate business
lines as well as importing/exporting enterprise codes may export and/or import
them according to their demands.
Article 13.- The import of supplies
and/or goods mentioned in Appendix 2 attached to this Decision by
foreign-invested enterprises is stipulated as follows:
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- For the supplies and materials used for goods
production, the provisions of this Decision shall apply.
Article 14.- In order to step by step
abolish non-tariff measures in import/export control, the Finance Ministry is
assigned to coordinate with the Government Pricing Committee in proposing the
Prime Minister before March 1st, 2000 to reasonably raise the import
tax rates (or surcharge levels) for the goods items which have been ruled out
from the list of import goods requiring the Trade Ministry's permits.
Article15.- The Trade Minister shall
guide the implementation of this Decision; have to coordinate with the
concerned ministries and branches in controlling and promoting export; strictly
manage import, ensuring that the Vietnamese enterprises' trade deficit is below
the level permitted by the National Assembly in the 2000 plan.
Article 16.- This Decision takes effect
from April 1st, 2000 (except for the petrol and oil import quotas
which shall be allocated from January 1st, 2000) and also applies to
the export and import of quota, non-quota and non-commercial goods. In the
course of execution, the Trade Ministry shall supervise and sum up opinions of
the ministries, branches and localities and promptly report them to the Prime
Minister for handling problems arising beyond the competence of the ministries
and branches.
Article17- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People's Committees of the provinces and
centrally-run cities shall have to implement this Decision.
FOR THE
PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam
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GOODS BANNED FROM EXPORT AND IMPORT
(Issued together with the Prime Minister's Decision No.242/1999/QD-TTg of
December 30, 1999)
I. GOODS BANNED FROM EXPORT
1. Weapons, ammunitions, explosives and military
technical equipment.
2. Antiques.
3. Narcotics of all kinds.
4. Toxic chemicals.
5. Logs, sawn timber, timber peeled from
domestic natural forests; firewood, charcoal trade from wood or firewood;
products and semi-finished products made from domestic natural forest timber,
which are banned from export under the Prime Minister's Decision
No.65/1998/QD-TTg of March 24, 1998 and the Government's legal documents
adjusting the said Decision (Decision No.136/1998/QD-TTg of July 31, 1998;
Directive No.19/1999/CT-TTg of July 16, 1999; Document No.743/CP-NN of July 19,
1999; and Document No.340/CP-NN of April 7, 1999).
6. Wild animals, precious and rare natural
animals and plants, under the guidance of the Ministry of Agriculture and Rural
Development.
II. GOODS BANNED FROM IMPORT
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2. Narcotics of all kinds.
3. Toxic chemicals.
4. Depraved and reactionary cultural products.
5. Firecrackers of all types (except for signal
fires for maritime safety and other needs, which shall comply with the Prime
Minister's separate stipulations in Document No.1383/CP-KTTH of November 23,
1999), Children's toys harmful to the ethical education, social order and
safety.
6. Cigarettes (except for the prescribed
quantity in personal luggage).
7. Used consumer goods (except for properties on
transfer, including goods to meet the demands of individuals with diplomatic
status of different countries and international organizations, and personal
luggage in prescribed weight ), including the following commodity groups:
+ Textiles and garments, footwear and clothes
+ Electronic goods
+ Electro-refrigerative goods
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+ Interior decorative goods
+ Consumer goods made of ceramics, porcelain,
crockery, glass, metal, resin, rubber, plastics and other materials.
(The Trade Ministry and the General Department
of Customs shall codify the above goods items).
8. Right-hand drive automobiles (including those
in knock-down forms and those with drives already switched before their import
into Vietnam), except for specialized self-propelled means with right-hand
drive that operate in narrow spaces, including: crane trucks, canal and ditch
diggers, roads sweepers, dumpers, road-rollers, passenger transfer vehicles at
airports, forklifts in warehouses and ports.
9. Used goods: spare parts, engines, internal
combustion engines, frames, tires of automobiles of different types,
motorcycles and motor-tricycles; chassis mounted with automobile engines of
different types; bicycles; ambulances; cars of 16 seats or under, passenger
cars and trucks of under 5 tons which were manufactured in 1995 and before.
10. Products containing asbestos of amphibole
groups.
APPENDIX 2
IMPORT GOODS REQUIRING THE TRADE MINISTRY'S
PERMITS
(Issued together with the Prime Minister's Decision
No.242/1999/QD-TTg of December 30, 1999)
1 Ceramic and granite flooring tile with a size
of 400 mm x 400mm or under.
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3. Color glass, even white glass of 1.5-12 mm
thick (excluding flower glass, multiple-walled white glass, safety glass and
wired glass).
4. Newsprint paper coded 4801; printing paper,
uncoated writing paper coded 4802.
5. Construction steel of several types
6. Refined vegetable, oils.
7. Refined sugar and crude sugar.
8. Motorcycles and motor-tricycles in complete
unit and SKD, CKD components for complete assembly; engines, flames of
motorcycles and motor-tricycles of different types in incomplete form.
9. Cars of 16 seats or under.