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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
32/2006/TT-BNN
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Hanoi,
May 08, 2006
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 12/2006/ND-CP
OF JANUARY 23, 2006, DETAILING THE IMPLEMENTATION OF THE COMMERCIAL LAW
REGARDING INTERNATIONAL GOODS SALE AND PURCHASE AND GOODS SALE, PURCHASE,
PROCESSING AND TRANSIT AGENCY ACTIVITIES WITH FOREIGN COUNTRIES
Pursuant to the Government's Decree No.
86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006,
detailing the implementation of the Commercial Law regarding international
goods sale and purchase and goods sale, purchase, processing and transit agency
activities with foreign countries;
The Ministry of Agriculture and Rural Development (MARD) hereby guides the
import and export of goods subject to the specialized management by the
agriculture service as follows:
Chapter I
GENERAL PROVISIONS
1. This Circular applies to the import and
export of goods subject to the specialized management by the agriculture
service, including:
a/ Export of timber and timber products from
domestic natural forests; firewood and charcoal from timber or firewood
originating from domestic natural forests;
b/ Import and export of endangered, precious and
rare wild animals and plants;
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d/ Import and export of livestock breeds;
e/ Import of veterinary drugs and materials for
the production thereof, vaccines, bio-preparations, microorganisms and
chemicals for veterinary use;
f/ Import of plant protection drugs, materials
for the production thereof, and living organisms in the plant protection
domain;
g/ Import of feeds and materials for the
production thereof;
h/ Import of fertilizers and fertilizer
preparations;
i/ Import and export of gene sources of
cultivation plants, domestic animals and microorganisms for scientific and
technical research and exchange.
2. For imported goods subject to animal and
animal product quarantine, the provisions of Decision No. 45/2005/QD-BNN of
July 25, 2005, promulgating the list of animal and animal product-quarantine
objects and list of animals and animal products subject to quarantine and
Decision No. 15/2006/QD-BNN of March 8, 2006, on the order and procedures for
the quarantine of animals and animal products and veterinary hygiene inspection
shall apply before customs clearance.
3. For imported goods on the list of plant
quarantine objects, the provisions of Decision No. 72/2005/QD-BNN of November
14, 2005, promulgating Vietnam's list of objects subject to plant quarantine,
Decision No. 73/2005/QD-BNN of November 14, 2005, promulgating Vietnams list of
plant quarantine objects, and Decision No. 16/2004/QD/BNN of April 20, 2006, on
the procedures for inspection of plant quarantine objects and compilation of
plant quarantine dossiers shall apply before customs clearance.
4. Where there exists no animal or plant
quarantine agency at the border-gate, goods shall be cleared from customs
procedures under the registration and post-inspection mechanism, specifically
as follows:
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5. The inspection of the quality of plant
protection drugs and materials for the production thereof shall be carried out
in the form of registration and post-customs clearance inspection.
6. Lists of goods subject to the specialized
management by the agriculture service in decisions mentioned in this Circular
shall be applied until the application of HS codes is completed.
7. When promulgating new lists or amending or
supplementing lists of goods subject to the specialized management by the
agriculture services stated in this Circular, departments assigned by the MARD
to perform the specialized management shall have to notify customs offices and
relevant agencies thereof.
8. Traders shall bear responsibility before law
for the accuracy of their declarations upon importation or exportation and
comply with the State's current regulations on goods quality standards.
Chapter II
SPECIFIC PROVISIONS
1. Export of timber and timber
products, firewood and charcoal from timber or firewood originating from
domestic natural forests
1.1. Timber and timber products from domestic
natural forests banned from export include:
a/ Log timber of all kinds;
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c/ Products from endangered, precious and rare
timber of group IA, specified in the Government's Decree No. 32/2006/ND-CP of
March 30, 2006, on the management of endangered, precious and rare forest
animals and plants; and products from timber specified in Appendix I to the
Convention on International Trade of Endangered Species of Wild Fauna and Flora
(CITES).
1.2. Timber products exported under certain
conditions or permits
a/ Products from endangered, precious and rare
timber of group IIA, specified in the Government's Decree No. 32/2006/ND-CP of
March 30, 2006, on the management of endangered, precious and rare forest
animals and plants, may only be exported in the forms of fine-art woodworks or
high-class woodworks. Traders shall make declarations at the border-gate
customs offices upon exportation.
Fine-art woodworks are finished timber products,
which are produced by hand, by machine or by hand in combination with machine,
finished by carving, embossing, engraving, inlaying or turning, and decorated
by lacquering, gold plating or gloss painting.
High-class woodworks are finished timber
products, which are produced by hand, by machine or by hand in combination with
machine and have their surface polished or painted.
b/ For products from timber specified in
Appendices II and III to CITES, when being exported, CITES permits granted by
the CITES Management Authority in Vietnam (hereinafter referred to as the
Vietnam-based CITES office) shall be required.
1.3. Firewood and charcoal from timber or
firewood originating from domestic forest timbers may be exported in the
following cases:
a/ Firewood and charcoal from fully-extracted
timber or branchlets, specified in the Regulation on the exploitation of timber
and other forest products, issued together with the MARD's Decision No.
40/2005/QD-BNN of July 7, 2005;
b/ Firewood and charcoal from fully-extracted
timber or branchlets during the process of exploiting natural forests in the
areas prepared for the construction of key national projects such as
hydroelectric plants' reservoirs, high-voltage power grids, traffic roads,
industrial parks, etc. according to the provisions of the Land Law and the Law
on Forest Protection and Development;
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When exporting the aforesaid products, the
written certification of local provincial/municipal Agriculture and Rural
Development Services shall be required. Such a certificate shall indicate the
quantity of goods permitted for export, the name of the exporter, and the
validity term of the certificate, and be submitted to border-gate customs
offices when carrying out export procedures.
2. Import and export of
endangered, precious and rare wild animals and plants (except timber and timber
products specified in Section 1)
2.1. The export of the following endangered,
precious and rare wild animals and plants for commercial purposes shall be
banned:
a/ Endangered, precious and rare forest animals
of groups IB and IIB, forest plants of group IA, specified in the Government's
Decree No. 32/2006/ND-CP of March 30, 2006, on the management of endangered,
precious and rare forest animals and plants;
b/ Wild animals and plants specified in Appendix
I to the CITES;
c/ Wild animals being natural enemies of rats as
prescribed in the Prime Minister's Directive No. 9/1998/CT-TTg of February 18,
1998, and the MARD's Decision No. 140/2000/QD-BNN-KL of December 21, 2000,
promulgating the list of several wild animals being natural enemies of rats;
d/ Aloes wood (acquilaria crassna Pierre)
essence and sarsi essence according to the MARD's Decision No.
45/1999/QD-BNN-KL of March 2, 1999.
2.2. Endangered, precious and rare wild animals
and plants may be exported if fully meeting the following conditions:
a/ The export of endangered, precious and rare
wild animals and plants specified in Clause 2.1, for non-commercial purposes
(for diplomatic purposes, scientific research or exchange between zoological
gardens or botanical gardens, exhibition, circuit performance, and return of
specimen between CITES Management Authorities in various countries) must be
permitted in writing by the Vietnam-based CITES Office.
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- Endangered, precious and rare wild animals and
plants originating from breeding, rearing or artificial propagation.
- Natural forest plants of group IIA, specified
in the Government's Decree No. 32/2006/ND-CP on the management of endangered,
precious and rare forest plants and animals.
- Wild animals and plants from natural forests,
specified in Appendices II and III to the CITES but not stated in the
Government's Decree No. 32/2006/ND-CP on the management of endangered, precious
and rare plants and animals.
The export of wild animals and plants (except
for timber products specified at Point a, Clause 1.2, Section 1) must be
permitted in writing by the Vietnam-based CITES Office.
2.3. The import of wild animals and plants
specified in Appendices of the CITES must be permitted in writing by the
Vietnam-based CITES Office.
3. Import and export of plant
varieties
3.1. Export of plant varieties:
a/ Precious and rare plant varieties on the list
of precious and rare plant varieties banned from export, promulgated by the
MARD in Decision No. 69/2004/QD-BNN of December 3, 2004, shall be banned from
export;
b/ When importing other plant varieties outside
the aforesaid list, traders shall only have to carry out procedures at the
border-gate customs offices.
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a/ When importing plant varieties on the list of
plant varieties permitted for production and trading and on the list of forest
plant varieties permitted for production and trading, promulgated by the MARD
in Decision No. 74/2004/QD-BNN of December 16, 2004, and Decision No.
14/2005/QD-BNN of March 15, 2005, traders shall only have to carry out
procedures at the border-gate customs offices.
b/ The import of plant varieties outside the
aforesaid lists for research, assay, trial production or other special purposes
must be permitted in writing by the MARD's Cultivation Department (for
agricultural plant varieties) or the Forestry Department (for forest plant
varieties). Basing itself on the assay or trial production results, the MARD
shall recognize new plant varieties and add them to the list of plant varieties
permitted for production and trading.
4. Import and export of
livestock breeds
4.1. Export of livestock breeds:
a/ Precious and rare livestock breeds on the
list of precious and rare livestock breeds banned from export in the MARD's
Decision No. 78/2004/QD-BNN of December 31, 2004, shall be banned from export;
b/ When exporting other livestock breeds outside
the aforesaid list, traders shall only have to carry out procedures at the
border-gate customs offices and produce animal quarantine certificates, if so
requested by the countries of importation or goods owners.
4.2. Import of livestock breeds:
a/ When importing livestock breeds on the list
of livestock breeds permitted for production and trading, promulgated by the
MARD in Decision No. 67/2005/QD-BNN of October 31, 2005, traders shall only
have to carry out procedures at the border-gate customs offices.
b/ For livestock breeds outside the aforesaid
list, assay permits granted by the MARD's Husbandry Department shall be
required. Basing itself on the assay results, the MARD shall add these breeds
to the list of livestock breeds permitted for production and trading.
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5. Import of veterinary drugs
and materials for the production thereof, vaccines, bio-preparations,
microorganisms and chemicals for veterinary use
5.1. When importing veterinary drugs and
materials for the production thereof, bio-preparations and chemicals for
veterinary use specified in Decision No. 05/2006/QD-BNN of January 12, 2006,
promulgating the list of veterinary drugs and materials for the production
thereof, and Decision No. 04/2006/QD-BNN of January 12, 2006, promulgating the
list of vaccines, bio-preparations, microorganisms, and chemicals for
veterinary use permitted for circulation in Vietnam, traders shall only have to
carry out procedures at the border-gate customs offices. Particularly for
vaccines and microorganisms specified in Decision No. 04/2006/QD-BNN,
permission of the MARD's Veterinary Department shall be required.
5.2. When importing veterinary drugs and
materials for production thereof, vaccines, bio-preparations, microorganisms
and chemicals for veterinary use outside the aforesaid lists, traders must
obtain certification of the MARD's Veterinary Department on the orders of
imported goods.
5.3. Import of veterinary drugs and vaccines in
case of epidemics:
When epidemics occur, the import of veterinary
drugs and vaccines on the list of veterinary drugs and vaccines permitted for
circulation in Vietnam shall be decided by the Minister of Agriculture and
Rural Development.
6. Import of plant protection
drugs, materials for the production thereof and living organisms in the domain
of plant protection
6.1. Traders shall only have to carry out
procedures at border-gate customs offices when importing plant protection drugs
on the list of plant protection drugs permitted for use in Vietnam, promulgated
in the MARD's Decision No. 22/2005/QD-BNN of April 22, 2005, on the list of
plant protection drugs permitted for use, restricted from use or banned from
use in Vietnam, Decision No. 41/2005/QD-BNN of July 13, 2005, on the
exceptional registration of some plant protection drugs to the list of plant
protection drugs permitted for use in Vietnam, Decision No. 78/2005/QD-BNN of
November 30, 2005, on official registration, additional registration and
exceptional registration of some plant protection drugs to the list of
protection drugs permitted for use in Vietnam, and Decision No. 25/2006/QD-BNN
of April 10, 2006, on the exceptional registration of some plant protection
drugs to the list of plant protection drugs permitted for use in Vietnam, and
materials for the production thereof.
6.2. When importing plant protection drugs on
the list of plant protection drugs restricted from use in Vietnam, promulgated
by the MARD in Decision No. 22/2005/QD-BNN of April 22, 2005, and materials for
the production thereof, permits granted by the MARD's Plant Protection
Department shall be required.
6.3. When importing plant protection drugs
outside the list of plant protection drugs permitted for use in Vietnam and
materials for the production thereof, the MARD's permits, granted by the Plant
Protection Department, shall be required.
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6.5. For living organisms in the plant
protection domain which are imported for the first time for assay, the MARD's
permits, granted by the Plant Protection Department, shall be required.
6.6. Traders importing finished plant protection
drugs outside the list of plant protection drugs permitted for use and
materials for the production thereof for processing and packing in Vietnam for
re-export under contracts signed with foreign parties must obtain import
permits of the MARD's Plant Protection Department and the re-export thereof
shall be inspected by competent state agencies.
7. Import of feeds and
materials for the production thereof
7.1. When importing products on the list of
feeds and materials for the production thereof permitted for import into
Vietnam, promulgated under the MARD's Decision No. 01/2006/QD-BNN of January 6,
2006, traders shall only have to carry out procedures at the border-gate
customs offices.
7.2. When importing feeds outside the aforesaid
list, assay permits, granted by the MARD's Husbandry Department shall be
required. Basing itself on the assay results, the MARD shall add such feeds to
the list of feeds permitted for import into Vietnam. For materials for the
production of feeds which are imported into Vietnam for the first time,
certificates of analysis (C/A), granted by the MARD's Husbandry Department,
shall be required.
8. Import of fertilizers
8.1. When importing fertilizers on the lists of
fertilizers permitted for production, trading and use in Vietnam, promulgated
in the MARD's Decision No. 40/2004/QD-BNN of August 19, 2004, and Decision No.
77/2005/QD-BNN of November 23, 2005, traders shall only have to carry out
procedures at the border-gate customs offices.
8.2. When importing fertilizers outside the
aforesaid lists for research or assay or in other special cases, permits
granted by the MARD's Cultivation Department shall be required. Basing self on
the assay results, the MARD shall recognize new fertilizers and add them to the
list of fertilizers permitted for production, trading and use in Vietnam.
9. Import and export of gene
sources of cultivation plants, domestic animals and micro-organisms in service
of scientific and technical research and exchange
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Chapter III
IMPLEMENTATION
PROVISIONS
1. Specialized management agencies assigned by
the MARD to receive and process dossiers and grant import, export and assay
permits are located at the following addresses:
a/ The Forestry Department (No. 2 Ngoc Ha
street, Ba Dinh district, Hanoi city): For cases specified in Section 1 (except
for Clause 1.2-b), Chapter II.
b/ The Forest Ranger Department (No. 2 Ngoc Ha
street, Ba Dinh district, Hanoi city): For cases specified in Clause 1.2-b,
Section 1, and Section 2, Chapter II.
c/ The Cultivation Department (No. 2 Ngoc Ha
street, Ba Dinh district, Hanoi city): For cases specified in Sections 3, 8 and
9, Chapter II.
d/ The Husbandry Department (No. 2 Ngoc Ha
street, Ba Dinh district, Hanoi city): For cases specified in Sections 4 and 7,
Chapter II.
e/ The Veterinary Department (No. 15, Lane 78,
Giai Phong road, Phuong Mai ward, Dong Da district, Hanoi city): For cases
specified in Section 5, Chapter II.
f/ The Plant Protection Department (No. 149 Ho
Dac Di street, Dong Da district, Hanoi city): For cases specified in Section 6,
Chapter II.
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3. The time limit for processing dossiers: The
dossier-receiving agencies defined in Section 1, this Chapter, shall have to give
their written replies within seven working days after receiving valid dossiers.
4. Implementation effect
This Circular shall replace the MARD's Circular
No. 62/2001/TT-BNN of June 5, 2001, guiding the import and export 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 import and export in the 2001-2005 period and Circular No.
72/2001/TT-BNN of July 9, 2001, amending and supplementing a number of points
of Circular No. 62/2001/TT-BNN .
This Circular shall take effect 15 days after
its publication in "CONG BAO."
Any problems arising in the course of
implementation should be reported promptly by traders and concerned agencies to
the MARD for consideration and settlement.