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MINISTRY OF
TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence
Freedom Happiness
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No.
09/2003/TT-BTM
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Ha Noi,
December 15, 2003
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CIRCULAR
ON PROVIDING GUIDELINES FOR DECISION NO. 91/2003/QD-TTG DATED MAY 9,
2003 OF THE PRIME MINISTER ON APPLICATION OF QUOTAS TO GOODS IMPORTED TO VIETNAM
IN THE YEAR OF 2004
Pursuant to Decree No.
57/1998/ND-CP dated July 31, 1998 of the Government providing details for the
implementation of Law on Trading with respect to the export, import, processing
and agency for foreign trading;
Pursuant to Decree No. 44/2001/ND-CP dated August 2, 2001 of the Government on
amendments of and supplement to a number of Articles of Decree 57/1998/ND-Cp
dated July 31, 1998 of the Government;
Pursuant to Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Prime
Minister on the application of quotas to goods imported to Vietnam;
Pursuant to No. 91/2003/QD-TTg dated May 9, 2003 of the Prime Minister on the
application of quotas to goods imported to Vietnam;
After the consultations with the Ministry of Industry and the Ministry of
Agriculture and Rural Development, the Ministry of Trade shall guide the
implementation of Decision No. 91/2003/QD-TTg dated May 9, 2003 of the Prime
Minister with respect to its application for the year of 2004 as follows:
I. General
Provisions:
1. As from January 1, 2004,
quotas shall be applied for seven types of goods, included: tobacco materials,
salt, cotton, milk condensed materials, milk uncondensed materials, corn seed and
poultry eggs, as follows:
No.
HS Codes
...
...
...
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Quantity (in tons) applicable
for 2004
1
0401
Milk uncondensed materials
As applied
2
0402
...
...
...
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As applied
3
0407
Poultry eggs
As applied
4
1005
...
...
...
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As applied
5
2401
Tobacco materials
22,379.00
6
2501
...
...
...
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200,000.00
7
5201, 5202, 5203
Cotton
As applied
II. Subjects
entitled for quotas
The Ministry of Trade shall
grant import permit to business entity that are qualified for import of goods
subject to quotas. Particularly, the grant of permit shall be as follows:
1. Tobacco Materials:
Business entities that are
already granted with tobacco production license by the Ministry of Industry and
are of its requirements of certain quantity of imported tobacco materials to be
used for its production of cigarette in conformity with the yearly import plan
of the Ministry of Industry
...
...
...
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2. Salt:
Business entities having
requirements of using salt for its production in conformity with the
regulations of the Ministry in charge with its industry.
General
3. Cotton:
Business entities having its
business registration certificate of appropriate business lines and are of its
requirement of importing cotton.
General
4. Milk condensed materials,
milk uncondensed materials, corn seed and poultry eggs:
Business entities having its
business registration certificate of appropriate business lines and are of its
requirement of importing the aforementioned goods.
III
Allocation of Quotas:
...
...
...
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2. With respect to goods that
quotas shall be granted on an as applied basis, quotas of fixed quantity may be
imposed for the following period, the Ministry of Trade shall announce quotas
quantity (if any) at least 3 months prior to the application of the same in a
separate documents after its consultation with the relevant Ministries and
agencies. Principle for imposition of quotas is to be based upon the balance of
material requirements and domestic production capacity.
IV.
Implementation:
1. Business entities shall
present quota-import permit issued by the Ministry of Trade or its authorized
agencies to the border-gate customs upon its implementation of import
procedures and declare the quantities of goods that are qualified for import
tax rate applicable for quotas quantity.
2. All business entities shall
report its import status to the Ministry of Trade (in accordance with Form No.
3 attached to this Circular).
Prior to September 30, 2004,
business entities must send its report (which shall have a validity of
substitution for the third quarter report) to the Ministry of Trade declaring
its assessment of import capacity of the complete year, suggestion on increases
or decreases of issued quotas or reporting of goods that it is unable to import
so that the Ministry of Trade shall allocate the same to other business
entities.
3. Business entities that are
granted with import permit by the Ministry of Trade may vest other entities to
conduct the import in line with the prevailing regulations. It strictly forbids
the sale or transfer of quotas.
4. With respect to Business
entities that are qualified for import goods that are subject to quotas
imposition as stated in Section I of this Circular, should they have not been
granted with quotas or already use off the quantities granted under the issued
quotas, such entities shall still be entitled to import goods at its own
requirement and are not obliged to apply for the Ministry of Trades permit,
provided that such imported goods shall be imposed with import tax rates
applicable for goods imported over the quotas limitation as provided by the
Ministry of Finance.
5. Business entities that are qualified
for import goods that are subject to the imposition of quotas as stated in
Section I of this Circular have its requirements of application for additional
quotas or newly issued quotas for import of materials for the purposes of
producing export goods must submit its quotas registration form to the Ministry
of Trade for its consideration of issuance of quota-import permit. The
registration must be confirmed by the line Ministry (applicable for salt and
tobacco) acknowledging the requirement of import materials for production of
export goods.
6. 2005 quotas application:
...
...
...
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7. This circular shall have a
validity of replacing Circular No. 04/2003/TT-BTM dated July 10, 2003 of the
Ministry of Trade providing guidelines for the implementation of Decision No.
91/203/QD-TTg dated May 9, 2003 of the Prime Minister.
This circular and the forms
thereof may be printed out from the Ministry of Trades web site at www.mot.gov.vn.
This circular shall be in full
force and effect after 15 days following its publication on the Official
Gazette.
ON BEHALF OF THE MINISTER OF
TRADE
DEPUTY MINISTER
Mai Van Dau
FORM NO. 1
QUOTAS REGISTRATION FOR THE YEAR OF 2004
(Attached to Circular No. 09/2003/TT-BTM dated
December 12, 2003 of the Ministry of Trade)
Name of the company: (full name
in Vietnamese and name in abbreviation)
...
...
...
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2. Email:
3. Transaction address:
4. Major Production Address:
5. Business registration certificate
No.: Date of issuance:
6. Import Export Code (Customs
code):
7. Total labor:
8. Products that use goods
imported under quotas as input materials:
9. Actual capacity/engineering
capacity:
10. Requirement of goods that
are subject to quotas for production (actual capacity/engineering capacity):
...
...
...
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Independence Freedom - Happiness
No.
Re: Registration
For quotas for [type of goods]
Respectfully to: The Ministry
of Trade
Pursuant to Circular No.
09/2003/TT-BTM dated December 15, 2003 of the Ministry of Trade, our company
would like to report about the import status of [type of goods] for the period
of and register for quotas for the year
Description (HS)
Detailed information
Import of 2001
...
...
...
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2003
Registration for quotas for the year of.....
Estimate of 2003
Quotas granted by the Ministry of Trade for the last five months
of the year
Estimate of import of the last five months of the year in
accordance with the MOT license
Example: tobacco (HS 2401)
Quantity (tons)
...
...
...
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(clearly state the number,
date of the license)
Value (thousand US$)
...
...
...
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Origination
Our company would like to
confirm that the declared information is true and correct, and the company
would be hold responsible for all matters arising thereon.
We respectfully request your
Ministry to grant quotas-import permit for the year of 2004 for the said goods
at the quantity of:....................
...
...
...
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(sign and seal)
Attachments:
1. Business registration
certificate (certified true copy).
2. License for production of
cigarette (copy signed and responsible by the Director) applicable for the
import of tobacco materials.
3. Statement conforming the
company use salt for its production in line with the regulations of the line
Ministry (original or copy signed and responsible by the Director) applicable
for salt;
Note:
- For goods that are not
subject to quotas in 2003, the company shall only declare the quantity and
value thereof.
- For registration for quotas
of 2005, the company shall declare the import for 2004 (actual and estimate of
the whole year of 2004).
FORM NO. 2
...
...
...
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Name of the company: (full name
in Vietnamese and name in abbreviation)
1. Tel: Fax:
2. Email:
3. Transaction address:
4. Major Production Address:
5. Business registration
certificate No.: Date of issuance:
6. Import Export Code (Customs
code):
7. Total labor:
8. Products that use goods
imported under quotas as input materials:
...
...
...
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10. Requirement of goods that
are subject to quotas for production (actual capacity/engineering capacity):
Socialist
Republic of Vietnam
Independence
Freedom Happiness
No.:.............
Re: Quarterly, annually and
registration for amendment of quotas for [type of goods]
Respectfully to: The Ministry
of Trade
Pursuant to Circular No.
09/2003/TT-BTM dated December 15, 2003, our company would like to report about
the implementation of quota-import for the year of ...... (up to the date of report)
as follows:
Description (HS)
Detailed Description
...
...
...
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Implementation Results*
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Registration for Amendment (increase or decrease)
example: tobacco (HS 2401)
Quantity (tons)
...
...
...
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Value (Thousand US$)
...
...
...
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Origination
...
...
...
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* For the last quarters, the
quantity and value of each quarter shall be declared (in accordance with the
date of customs declaration). The approaching quarter following this report
should be left blank or declared with estimated numbers.
Our company would like to
confirm that the declared information is true and correct, and the company
would be hold responsible for all matters arising thereon.
We would like to request your
Ministry to amend the quotas applicable for the said goods as follows (only
where the company is of the import requirement).
Director
(Sign and seal)