THE
MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
06-TM/XNK
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Hanoi,
May 16, 1994
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CIRCULAR
AS ADDITIONAL GUIDANCE TO THE IMPLEMENTATION OF DECISION No.
78-TTg ON THE 28TH OF FEBRUARY, 1994 OF THE PRIME MINISTER
As follow-up to Circular No.
4-TM/XNK on the 4th of April, 1994 of the Ministry of Trade;
Pursuant to the opinion of the Prime Minister (in Document No. 2448-KTTH on the
6th of May, 1994);
After having reached agreement with the General Customs Office, with the State
Bank, the Ministry of Trade;
Provides the following readjustments and explanations to some points mentioned
in Decision No. 238-TM/XNK on 24th of March, 1994 and in Circular No. 4-TM/XNK
on the 4th of April, 1994;
Part One
QUESTIONS PERTAINING TO
DECISION NO. 238-TM/XNK
A.
READJUSTMENT OF DOCUMENT:
I. COMMODITIES BANNED FROM
EXPORT:
"Wicker as raw
material" is added to "rattan as raw material" in Point I/5.
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Besides commodities mentioned in
Decision No.238-TM/XNK, the following is added:
1. The importation of two-wheel
motor vehicles with 175 cm3 cylinder capacity and more shall continue to apply
according to Decision No.258-TTg on the 29th May, 1993 of the Prime Minister.
2. The Prime Minister has
decided not to allow the importation of left-drive automobiles (Documents
No.3648-KTTH on the 23rd of July, 1993, No.4915-KTTH on the 30th of September,
1993, and No.2415-KTTH on the 5th of May, 1994).
3. For different groups of used
commodities pertaining to the readjustment under Document No.250-KTTH on the
19th of January 1994 of the Office of the Government, they must observe the
regulations contained in the said document.
B.
EXPLANATION OF DOCUMENT:
1. Point II/1 containing
"explosive material":
Coalimex alone is allowed to
import 4,200 tons. In this case, the Prime Minister has no need to issue
document assigning the task to Coalimex. The document of the Ministry of Trade
is sufficient. For other cases, there should be documents of the Prime Minister
directly assigning the task to the business and according to it, the Ministry
of Trade shall issue documents as guidance to the Permit Bureau. For these two
cases, the Permit Bureau must rely on the documents of the Ministry of Trade to
issue import licenses as prescribed in Regulation No.297-TMDL/XNK on the 9th of
April, 1992.
2. Point II/6 mentions
"cigarette": in case the importation by businesses has business
license for duty-free shops, then, relying on the permit from the Ministry of
Trade, the Permit Bureau shall issue import license as prescribed in Regulation
No.297-TMDL/XNK on the 9th of April, 1992. In case of transit or temporary
import for re-exportation, it should rely on the permit of the Prime Minister
and the guidance to implementation issued by the Ministry of Trade.
3. Point II/7 mentions
"used commodities": this should be understood as all sorts of
consumer goods, not just the commodities put in brackets.
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5. Point II/7 mentions
"used spare parts": it should be understood to include used
components.
6. For those groups and
commodities which were previously allowed for import according to the need of
production and business but belong to the category of banned imports as from
the 1st of April, 1994, they shall be resolved according to Note No.
241-TCHQ/GQ on the 28th of March, 1994 of the General Customs Office
and the minutes of the meeting between the Ministry of Trade and the General
Customs Office as guidance to the implementation of Decision No. 238-TM/XNK on
the 24th of March, 1994 and Circular No. 4-TM/XNK on the 4th
of April, 1994.
For the cases beyond the
readjustment jurisdiction of Note No. 241-TCHQ/GQ on 28th of March,
1994, the Permit Bureau shall be allowed to issue a new permit or to extend the
old permit but only if it is accepted in writing by the Ministry of Trade.
Part Two
QUESTIONS PERTAINING TO
CIRCULAR NO. 4-TM/XNK
A.
AMENDMENTS TO DOCUMENT:
I. OF LIST NO.3:
1. Of two-wheel motor cycles
(whole piece and in detached parts):
1.1 New motor cycles, whole
piece:
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a) Each province, each city
directly under the Central Government (hereafter called province), each
ministry, each ministerial level agency, each other agency of the Government,
each central office of mass organizations, engaged in import-export operations
(hereafter called Ministry) shall by appointment of the Ministry of Trade have
a business for importation of whole-piece new motor cycles.
For Ho Chi Minh City, Ha Noi,
the Ministry of Communication and Transport, and the Ministry of Trade...
(which are commercial centers, the specialized transport service and trading
service), a number of other businesses are appointed to do the job.
With the above provision, the
entire country will have in 1994 nearly 100 businesses allowed to import
whole-piece motor cycles. The selection of the import business is based on the
following conditions:
- Holder of commodity
import-export license or specializing in dealing with automobiles and motor
cycles.
- Having a higher export
turnover in 1993 than those businesses having the same license or the same
business lines of the Ministry and province (except export turnover of
commodities under the unique control of the State).
- Having not violated State
regulations and policies in the export import business in 1992 and 1993.
- Having sent its dossier to the
Ministry of Trade according to the guidance in Item 2, Point I, Section B, Part
One, of Circular No.4-TM/XNK.
b) The Ministry of Trade shall
choose among the above businesses to appoint 14-15 businesses as hard core in each
region and in the specialized services of the ministries.
The businesses designated as
hard core must in addition meet the following conditions:
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- They must have in the years of
1992 and 1993 achieved by themselves all the import quota assigned by the
Ministry of Trade (not through other businesses but delegated by other
businesses out of their trust).
1.2. Parts in CKD form for the
assembly of motor cycles:
a) So far the Ministry of Trade
has received nearly 60 dossiers asking to import parts in CKD form for the
assembly of motor cycles. These establishments can assemble a quantity of motor
cycles 4 times as many as under the 1994 plan. The Ministry of Trade shall
check the dossiers before assigning a reasonable quantity for import. In order
not to waste the capacity of the assembly line, the Ministry of Trade requests
other businesses (besides those having sent their dossiers) not to invest more
on the assembly of motor cycles;
b) In the immediate future, the
Ministry of Trade shall assign the quantity of parts for import to those
businesses having met the conditions filed in dossiers as prescribed in
Circular No.4-TM/XNK and having engaged in assembly before 1993. For those
assembly establishments which had obtained Certificate from the General
Department of Standard-Measure-Quality and which, though not engaged in
assembly in 1993 but are ready to produce and have already gone through
control, they shall also be considered for licences to import components of
motor cycles.
Other assembly establishments
having had their dossiers sent to the Ministry of Trade will be considered by
the Ministry after a control on the spot is made according to the plan and
mechanism of product management agreed between the Ministry of Heavy Industry,
the Ministry of Science, Technology and Environment and the Ministry of Trade.
1.3. One month before the expiry
of the import license, the businesses licensed to import must sent their report
to the Ministry of Trade, based on the report and on the on-site control, the
Ministry of Trade shall take appropriate measures for readjustment, including
the switch of the whole or the unimplemented part of the license to another business.
2.1. Automobiles of less than 12
seats, whole piece (new series):
In the immediate future, the
Ministry of Trade shall assign their import to nine businesses on this
principle: the Ministry of Trade shall not assign the quantity in advance, when
the business produces its L/C, the Ministry of Trade shall issue the import
license according to the quantity listed in the L/C. In case of the importation
of a great quantity (more than 50 cars per shipment), the business must ask for
permission from the Ministry of Trade before the signing of contract and
opening of L/C.
2.2. Auto parts in CKD form:
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3. The importation of whole
piece automobiles and motor cycles in special cases outside the above
regulations, shall be considered by the Ministry of Trade on a case-by-case
basis.
II. RE-EXPORTATION OF IMPORTED
COMMODITIES IN LIST NO.3 IS ALLOWED ONLY WHEN THERE IS PERMISSION FROM THE
MINISTRY OF TRADE, IN LIST NO.4 WHEN THERE IS PERMISSION FROM THE SPECIALIZED
MANAGEMENT OFFICE.
III. ON THE IMPORTATION OF
COMMODITIES OUTSIDE THE 4 LISTS MENTIONED IN DECISION NO.238-TM/XNK AND
CIRCULAR NO.4-TM/XNK.
1. Production means comprising
machinery, equipment, transport means, spare parts, raw materials, fuel and
materials.
1.1. The businesses are not
allowed to import used commodities including spare parts, raw materials, fuel
and materials.
1.2. If the businesses have
their import and export licenses for commodities, machinery and transport means
including used ones (except those subject to readjustment under Decision No.
238-TM/XNK) with the unit price of less than 10,000 USD, the Permit Bureau
shall consider it and issue the import license.
1.3 If the businesses have their
import and export licenses for commodities, machinery, transport means
including used ones with the unit price exceeding 10,000 USD, the Permit Bureau
shall issue the import license only after receiving a written permission from
the Ministry of Trade.
For a number of commodities
which are considered now as production means, now as consumption means (e.g.
monosodium glutamate, shortening oil), they can be considered as production
means only when the business sent a written guarantee to the Permit Bureau
proving that the whole of these imported commodities is meant for production.
2. Commodities which are not
production means: this concept is to be substituted to various other concepts,
such as "consumer goods", "essential consumer goods",
"household utensils".
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- The import-export business
license for a given line.
- The import request with
certification by the Bank of the foreign currency surplus at the time the
import request is made.
In its request, the business
must clearly specify: the name of the imported commodity, quantity, value,
import market, mode of payment, payment currency, with certification by the
Bank of the foreign currency surplus from the export income to pay for the lot
of imported commodities described in the request. The Ministry of Trade shall
consider these requests on a case-by-case basis especially if the business has
surplus from other income sources. For the implementation of this regulation,
all forms of payment according to foreign trade contracts should be implemented
according to the regulations and guidance from the State Bank.
2.2. In case the permit has been
got from the Ministry or the delivery announcement is received before the day
the Permit Bureau receives this document, the business shall not have to ask
for certification by the Bank of the foreign currency surplus from the export
and shall be issued with the consignment import license on condition the goods
must have reached the Vietnam border gate by the 30th of June, 1994 at the
latest.
3. The importation of different
kinds of foodstuff (like alcohol, beer and other beverages, fresh or processed
vegetables), groceries (like garments and knitted articles, hats, shoes,
sandals, chinaware, porcelain, glassware, cosmetics) must always get a written
permit from the Ministry of Trade.
For the businesses which had
imported according to Decision No.405-TM/XNK on the 13th of April, 1993, if the
delivery announcement is available, they are entitled to an import license but
the commodities should arrive not later than the 30th of June, 1994. This is
the deadline according to Decision No. 405-TM/XNK.
B.
EXPLANATION OF DOCUMENT:
I. FOR THOSE COMMODITIES WHICH
IN THE PAST HAD BEEN IMPORTED AT THE REQUIREMENTS OF PRODUCTION AND BUSINESS
BUT WHICH NOW BELONG TO LIST NO.3, LIST NO.4, THEY SHALL BE SETTLED AS FOLLOWS:
If the business has got the
license for import and export of such commodities, has received the delivery
announcement or the bill of lading, or had the L/C open before the day the
Permit Bureau receives this document, it shall be issued a permit by the Permit
Bureau for the importation of the remaining quantity, but the commodity must
arrive at the Vietnam border gate by the 30th of June, 1994, at the latest.
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1. For import commodities: the
Permit Bureau shall issue the consignment import permit to all import commodities.
2. For export commodities: the
Ministry of Trade, in agreement with the General Customs Office, shall stop
issuing consignment export permit as from the 1st of July, 1994.
- Except for the exportation of
commodities pertaining to the Lists No 1,2,3,4.
- Except for special cases like
bartered commodities, re-exported commodities, commodities temporarily imported
for re-exportation, commodities temporarily exported for re-importation,
transit commodities, commodities for exhibition and fair, processed
commodities, commodities of businesses set up according to the Law on Foreign
Investment in Vietnam.
From now to the end of June is
the preparatory period (see Point 5 below), therefore the Permit Bureau shall
continue issuing consignment export permits as usual.
3. When filling in the
procedures at the Customs Office, the businesses should have their dossiers
submitted comprising:
a) For those commodities in the
categories not eligible for consignment permit from the Ministry of Trade: in
the dossiers made according to the present regulations of the General Customs
Office, apart from other documents, there needs only a permit issued by the
Permit Bureau for import and export (permission from the Ministry of Trade is
not necessary).
b) For those commodities in the
categories not eligible for consignment permit from the Ministry of Trade: in
the dossiers made according to the present regulations of the General Customs
Office, there will be no permit issued by the Permit Bureau and in its place
there will be the permit for import-export business (series of 7 figures) or
another document from the Ministry of Trade allowing import-export business.
From the moment when this new
system takes effect, when it comes to the Customs Office to fill in its
procedures for the first time, the business must submit a certified copy of the
import-export permit or a document from the Ministry of Trade allowing
import-export business; there needs only to produce this permit in the
subsequent times.
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5. Time for the abolition of
consignment permits to some export commodities:
Before its application in the
entire country, experimentation shall be made to draw experience. In the
immediate future, the Ministry of Trade and the General Customs Office have
agreed to choose the Hanoi Customs, the Haiphong Customs and the import-export
businesses of the Ministry of Light Industry, the businesses managed by the
Hanoi People's Committee and the Haiphong People's Committee, to carry out this
experimentation.
The time for implementation is
as follows:
- From April 21, 1994 (after the
end of the training courses) to May 15, 1994 is the time to prepare for the
experimentation.
- From May 16, 1994 to June 15,
1994 is the time for the experimentation itself.
- From June 16, 1994 to June 30,
1994 is the time to prepare for a wide application.
- From July 1st, 1994 onwards,
application to the entire country.
- The provisions of amendments
contained in this Circular replace the corresponding provisions in Decision
No.238-TM/XNK of March 24, 1994 and Circular No.4-TM/XNK of April 4, 1994 of
the Ministry of Trade.
In the process of implementation
of Decision No.238-TM/XNK, Circular No.4-TM/XNK and this document, the Permit
Bureau and the import-export businesses shall have to regularly report the
situation to the Ministry of Trade so that it could take timely and appropriate
measurers for readjustments.
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FOR
THE MINISTER OF TRADE
VICE MINISTER
Ta Ca