THE MINISTRY
OF FINANCE
THE MINISTRY OF TRADE
THE MINISTRY OF THE INTERIOR
THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 30/1998/TTLT/BTC-BTM-BNV-TCHQ
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Hanoi, March
16, 1998
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JOINT CIRCULAR
ON THE AFFIXTURE
OF IMPORT GOODS STAMPS
Pursuant
to Directive No.853/1997/CT-TTg of October 11, 1997 of the Prime Minister on
the fight against smuggling in the new situation;
Pursuant to Official Dispatch No.311/VPCP-VI of January 24, 1998 of the Office
of the Government notifying the Prime Minister's direction on the affixture of
import goods stamps;
The Ministry of Finance, the Ministry of Trade, the Ministry of the Interior
and the General Department of Customs hereby jointly provide the following
guidance on the stamping of the imported goods OF four groups including
electronic goods, electric-refrigerating goods, motors and construction
materials:
A. GOODS
SUBJECT TO THE AFFIXTURE OF IMPORT GOODS STAMPS
1. As from 8.00 hours on April 1st, 1998 all the
following goods items which are manufactured outside Vietnam and imported or
circulated on the market by business organizations and individuals, including
goods left in stock, being on sale or transported en route, shall have to be
affixed with import goods stamps as prescribed:
- Complete television sets.
- Complete video cassette recorders.
- Complete refrigerators for domestic use.
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- Motors.
The above-mentioned goods items include both
brand new and used ones.
- Sanitary ceramics: toilet bowls, wash basins.
1.1. The goods items prescribed in Point 1 which
are imported from April 1st, 1998 must be affixed with stamps by the customs
office(s) at the goods inspection place and before the completion of customs
procedures. Importing organizations and individuals shall have to create every
condition for the customs office(s) to carry out the stamping procedures in a
smooth, fast and safe manner according to the provisions of this Circular. If
the quantity of imported goods to be stamped at a border gate is too large, the
goods owners shall have to unpack them to help the customs officer affix stamps
quickly.
1.2. Organizations and individuals that deal in
the goods items prescribed in Point 1 above, including those to be used for
trade promotion or lottery prizes but still left in stock, shall have to take
stock of them, then make and submit declarations (according to the set form) to
the market management agency for examination and verification before the tax
agency affixes import goods stamps as prescribed.
a/ Distribution of declaration forms:
Declaration forms for imported goods left in
stock and subject to stamp affixture shall be distributed by the market
management agency. Organizations and individuals dealing in the goods items
subject to stamp affixture shall receive declaration forms at the place of
submission of declarations forms stated in Point b below. The tax agency shall
have to print and distribute declaration forms sufficiently to the market
management agency for distribution to business subjects.
b/ Place of submission of declaration forms:
- State enterprises and foreign-invested
enterprises shall submit declaration forms at the head office of the Taxation
Departments of the provinces or cities directly under the Central Government.
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- Private business households shall submit
declaration forms at the head office of the People's Committees of communes,
wards or district townships.
The market management agency and the tax agency
shall send their staff to the above-mentioned places to regularly distribute
and receive declaration forms in time. Each declaration form shall be made in
three copies: one copy shall be returned to the declarer, one sent to the tax
agency and the third kept by the market management agency. To avoid wrong
doings, officers who receive declaration forms shall have to check the declared
contents and sign to verify them.
c/ Time limit for submission of declaration
forms:
The time limit for submission of declaration
forms starts from 8 hours on April 1, 1998 and ends at the latest at 16 hours
on April 6, 1998.
Upon the expiry of this time limit, the market
management agency and the tax agency shall make reports confirming the number
of declaration forms received from business subjects.
d/ Time limit for stamp affixture shall start on
April 1st, 1998 and end at 16:00 hours on April 15, 1998. Within such time
limit the tax agency shall position an adequate number of tax officers to affix
stamps according to the prescribed schedule.
e/ The market management agency shall check
invoices and vouchers proving the lawful origin of the declared goods and sign
to certify the actual quantity of goods to be affixed with stamps by the tax
agency. Invoices and vouchers that prove the lawful origin of the declared
goods shall comply with Section B, Part II of Circular No.73-TC/TCT of October
20, 1997 of the Ministry of Finance guiding the regime of invoices and vouchers
for goods circulated on the market. Organizations and individuals shall have to
produce invoices and vouchers at the request of the tax agency and the market
management agency.
1.3 The imported goods items prescribed in Point
1 above must, if confiscated, be affixed with stamps before sale. The agency
that issues a decision to confiscate them shall have to inform the concerned
tax agency of the quantity of confiscated goods for stamp affixture. For goods
which are confiscated by decision of the customs agency due to some violation,
they shall be affixed with stamps directly by the customs agency.
2. The imported goods items prescribed in Point
1 shall not be subject to stamp affixture in the following cases:
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2.2. They are imported to be sold at duty-free
shops.
2.3. They are transported in transit,
temporarily imported for re-export or brought by the customs agency from the
first entry border gate to the place of inspection. In the last case, there
must be a decision of the head of the customs agency and the transported goods
must be lead-sealed or escorted by customs officers when necessary.
2.4. They are imported into bonded warehouses or
export processing zones.
3. In order to distinguish home-made goods from
imported goods, organizations and individuals that are permitted to import raw
materials, materials, accessories and components for the production or assembly
of complete products to be consumed domestically shall have to publicize the
trade marks of their products already registered with competent State agencies
and at the same time announce them on the mass media and at the sale places or
agents so that the inspection and control forces and the people can know and
avoid possible fraudulent acts.
B. IMPORT
GOODS STAMPS AND AFFIXTURE OF STAMPS
1. Stamping regulations:
The imported goods items prescribed in Point 1
of Section A shall be affixed with stamps as follows:
1.1. Complete television sets shall be affixed
with stamps on the top at the rear.
1.2. Video cassette recorders shall be affixed
with stamps on the top cover to the right of the rear corner.
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1.4. Air-conditioners shall be affixed with
stamps on the top surface to the right or on the right of the top surface of
the cooling block for two-block ones.
1.5. Motors shall be affixed with stamps on the
engine body to the side where the starting wheel is fit.
1.6. Ceramic toilet bowls shall be affixed with
stamps on the top surface to the rear, even for toilet bowls accompanied with
toilet tanks.
1.7. Ceramic wash basins shall be affixed with
stamps on the top surface to the right, even for wash basins with support.
2. Distribution and management of stamps:
2.1. Import goods stamps shall be uniformly
issued by the Ministry of Finance. The General Department of Taxation shall
have to print and distribute in time and sufficiently import goods stamps to
localities and the customs branch for organizing the stamp affixture according
to regulations.
All cases of printing, issuing, distributing or
using counterfeit stamps shall be strictly dealt with according to law.
2.2. Import goods stamps shall be managed and
used according to Decision No.529-TC/TCT of December 22, 1992 regarding the
regulation on the management of tax stamps and Decision No.297-TC/TCT of March
16, 1998 on the issuance, printing, management and use of import goods stamps
of the Ministry of Finance.
The hand-over of stamps to business
organizations or individuals to affix by themselves is strictly forbidden.
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C.
HANDLING OF VIOLATIONS AND COMMENDATION
1. Handling of violations:
1.1. Organizations and individuals dealing in
goods items subject to stamp affixture that make false declarations shall be
handled as follows:
- If the declared quantity of goods is smaller
than the actual quantity of goods, only the declared quantity of goods shall be
affixed with stamp, any undeclared goods, if detected, shall be confiscated and
the goods owner shall be administratively sanctioned or, in serious cases,
examined for penal liability.
- If the declared quantity of goods is larger
than the actual quantity of goods, only the actual quantity of goods shall be
affixed with stamps and the goods owner shall be administratively sanctioned
and the level of sanction shall depend on the seriousness of his/her violation.
To ensure normal business operations,
organizations and individuals that have made declarations shall be allowed to continue
buying in or selling out goods given that they have adequate valid invoices and
vouchers explaining the difference between the actual quantity of goods and the
declared quantity of goods.
- In cases where the policy for import goods
stamp affixture is abused by a business organization or individual that
declares home-made or -assembled goods for import goods stamp affixture in
order to cheat consumers, such goods shall be confiscated or, For serious
cases, the violator shall be examined for penal liability.
1.2. For imported goods that have been declared
but without sufficient and valid invoices and vouchers proving their lawful
origins, they shall be subject to turnover tax and profit tax when circulated.
These goods shall be affixed with stamps only after the goods owners have
executed the handling decision. If they fail to do so, the goods shall be
confiscated.
1.3. As from April 16, 1998 all the imported
goods items prescribed in Point 1, Section A above which are circulated on the
market, including goods left in stock, being on sale or transported en route,
without stamp affixed thereon as prescribed shall be regarded as smuggled goods
and confiscated and the goods owner shall be administratively sanctioned or, in
serious cases, examined for penal liability.
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1.5. Organizations or individuals that violate
the regulations on stamp affixture or assist in consuming or legitimizing
imported goods prescribed in Point 1, Section A shall be handled according to
law.
2. Commendation:
Organizations and individuals that detect or
assist inspection and control forces in detecting or seizing imported goods
which are subject to stamp affixture but not yet affixed with stamps or affixed
with counterfeit stamps, shall be commended according to current regulations.
3. Management of confiscated goods:
The agency that decides to confiscate imported
goods involved in the violation of the stamping regulations shall have to
manage and organize the sale of the confiscated goods as well as use the
proceeds therefrom according to current stipulations of the Government and the
guidance of the Ministry of Finance.
D.
ORGANIZATION OF IMPLEMENTATION
1. The Ministry of Finance, the Ministry of
Trade, the Ministry of the Interior and the General Department of Customs shall
have to direct their attached units to implement the provisions of this
Circular; and to promptly solve problems confronted by ministries, branches,
localities and business organizations as well as individuals for fruitful
implementation of the stamp affixture.
2. The presidents of the People's Committees of
the provinces and cities directly under the Central Government shall have to
direct the local branches and levels to implement the policy of affixing stamps
on imported goods, inspect and control their circulation on the market as
prescribed.
3. The Ministry of Industry, the Ministry of
Construction and the Ministry of Science, Technology and Environment shall have
to give advice and assist the above-mentioned four ministries in implementing
the Circular at the latter's request.
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5. The central and local news and press agencies
are requested to intensify the propaganda for the stamp affixture policy; to
guide and explain the contents of the Circular so that business organizations
and individuals shall better understand and implement them and the people
render their sympathy and support.
6. The affixture of stamps on three imported
goods items: bottled alcohol, complete bicycles and electric fans of all kinds
shall still comply with Joint Circular No.77/1997/TTLT-BTC-BTM-BNV-TCHQ of
November 1, 1997.
7. In the course of implementation, the branches
and localities shall oversee, sum up and report problems to the Ministry of
Finance and the concerned ministries and branches. They shall daily send flash
reports on the implementation results and arising problems that need to be
promptly addressed to the standing bureau of the Steering Committee for
affixture of import goods stamps for drawing experiences and timely direction.
This Circular takes effect from April 1, 1998.
THE MINISTRY OF
FINANCE
VICE MINISTER
Vu Mong Giao
THE MINISTRY OF TRADE
VICE MINISTER
Ho Huan Nghiem
THE MINISTRY OF THE
INTERIOR
VICE MINISTER
VICE MINISTER
THE GENERAL DEPARTMENT
OF CUSTOMS
DEPUTY GENERAL DIRECTOR
Nguyen Van Cam