DECISION No. 46/2001/QD-TTg OF APRIL 4, 2001 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN THE 2001-2005 PERIOD
THE PRIME MINISTER
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 provisions of the Commercial Law regarding the goods export, import, processing and sale and purchase agency with foreign countries;
At the proposal of the Minister of Trade,
DECIDES:
Chapter I
GENERAL PROVISIONS ON THE MANAGEMENT OF EXPORT AND IMPORT GOODS
Article 1.- Goods banned from export and import
1. To issue together with this Decision the list of goods banned from export and import in the 2001-2005 period (Appendix 01).
2. Any adjustment of the list of goods banned from export and import shall be decided by the Prime Minister at the proposal of the Minister of Trade.
3. In special cases, the import and export of goods on the above-said list in Appendix 01 shall be considered and decided by the Prime Minister on the case-by-case basis.
Article 2.- Goods exported and imported under permits of the Ministry of Trade
1. To issue together with this Decision the list of goods exported and imported under permits of the Ministry of Trade in the 2001-2005 period (Appendix 02).
2. The Ministry of Trade shall assume the prime responsibility and coordinate with the concerned ministries and branches in specifying the list of goods exported and imported under its permits according to the codes in the lists of the Export Tariff and Import Tariff (if any).
3. Any adjustment of the list of goods exported and imported under permits of the Ministry of Trade, including the timetable for cancellation of this type of permits, shall be decided by the Prime Minister at the proposal of the Minister of Trade.
4. The signing of contracts for export and import of goods specified in Appendix 02 to this Decision shall be effected only after the permits therefor have been obtained from the Ministry of Trade. For goods being supplies and raw materials specified in Appendix 02, if they are imported for production of export goods or for performance of processing contracts signed with foreign traders, they shall comply with a separate regulation of the Ministry of Trade.
5. The importation of goods by foreign-invested enterprises and parties to business cooperation contracts, even goods specified in Appendix 02 to this Decision, shall comply with the guidance of the Ministry of Trade on the basis of this Decision and other relevant legal documents.
6. On the basis of the timetable for gradual cancellation of the Trade Ministry�s permits in the 2001-2005 period in Appendix 02 to this Decision, to assign the Ministry of Finance to coordinate with the Government Pricing Committee and the concerned ministries and branches in submitting to the Prime Minister the reasonable adjustment of import tax rates (or the collection level of price differences) for goods which are excluded from the list of goods imported under permits of the Ministry of Trade, taking into consideration international commitments which Vietnam has signed or acceded to.
Article 3.- Export and import goods subject to specialized management
1. To issue together with this Decision the lists of export and import goods subject to specialized management and the principles for application of these lists in each field of specialized management (Appendix 03).
2. Any adjustment of and addition to the lists of export and import goods subject to specialized management and the application principles (already prescribed in Appendix 03) shall be decided by the Prime Minister at the proposals of the heads of the specialized management bodies and the Minister of Trade.
3. The specialized management ministries and branches shall guide the importation and exportation of the above-said goods specified in Appendix 03.
Chapter II
SPECIFIC PROVISIONS ON A NUMBER OF EXPORT AND IMPORT GOODS
Article 4.- Export and import of timber and wood products
1. Export of timber and wood products:
a/ To cancel the approval and allocation of quotas on natural forest timber for production of export wood products. All forms of timber products may be exported, except logs and sawn timber exploited from domestic natural forests.
b/ Timber of import origin may be exported in all forms of product, including the re-export of logs and sawn timber.
Imported logs and sawn timber and products made from imported timber shall not be liable to export tax, when exported.
c/ The State encourages the export of assorted wood products of high processing content. The Ministry of Finance shall improve the tax policy in order to encourage the production and export of wood products of this type.
d/ On the basis of the annual exploitation quotas on natural forest timber in each region already approved by the Prime Minister, the Ministry of Agriculture and Rural Development shall coordinate with the People�s Committees of the provinces and centrally-run cities (having the exploitation quotas) in directing the ranger service to supervise and monitor closely the timber exploitation right in their respective localities.
The checking of the origin of wood products for domestic consumption and export (made from domestic natural forest timber) must be conducted right at the production establishments according to the regulations of the Ministry of Agriculture and Rural Development; the timber origin of wood products undergoing the export procedures shall not be checked. Particularly for the export of logs and sawn timber originated from imported timber and planted forest timber, valid dossiers on the timber origins must be produced to the border-gate customs offices according to the regulations of the Ministry of Agriculture and Rural Development and the General Department of Customs.
2. The importation of raw material timber from countries bordering on Vietnam shall comply with the regulations of the Prime Minister and the guidance of the Ministry of Trade.
3. Basing themselves on the contents specified in Clauses 1 and 2 of this Article, enterprises shall carry out the procedures for the export, import, temporary import for re-export, and re-export of timber and wood products at the border-gate customs offices.
Article 5.- Export of textiles and garments into markets within quotas to be agreed upon with foreign countries
1. Basing itself on the domestic production demand and the Government�s annual multilateral and bilateral agreements on textiles and garments, the Ministry of Trade shall assume the prime responsibility together with the concerned ministries and branches and big Vietnamese producers to negotiate with international economic organizations and foreign countries in order to step up the process of canceling quotas on goods of this type.
2. On the basis of annual agreements with international economic organizations and foreign countries on quotas as well as conditions for export of textiles and garments, the Ministry of Trade shall assume the prime responsibility together with the concerned ministries and branches to formulate and promulgate general regulations on the implementation of textile and garment quotas; publicize the proportion of textile and garment quotas for bidding, which shall be increased year after year so as to gradually replace the quota allocation mechanism, taking into account the international commitments which Vietnam has signed or acceded to.
3. The allocation of textile and garment quotas (except the quota proportions for bidding and export rewards) to enterprises of Hanoi, Ho Chi Minh, Hai Phong and Da Nang cities shall be made by the People�s Committees of these cities according to general regulations. The Ministry of Trade shall allocate the textile and garment quotas to other enterprises.
Article 6.- Export of rice and import of fertilizers
1. To cancel the mechanism of allocation of rice export and fertilizer import quotas and the designation of enterprises to be the only key exporters and importers of these two goods items.
Enterprises of all economic sectors may export rice if they have made registration for trading in food or agricultural products; may import fertilizers of kinds permitted for use in Vietnam if they have made registration for trading in agricultural supplies or fertilizers.
2. For contracts for export of rice into several markets as agreed upon between our Government and foreign governments (governmental contracts), to assign the Ministry of Trade, after exchanging opinions with Vietnam Food Association, to designate and direct enterprises to act as representatives in negotiating and signing these contracts; at the same time to assign and distribute the volumes of export rice under the governmental contracts to different localities on the basis of their commodity rice outputs so that the presidents of the provincial People�s Committees can directly allocate them to the enterprises in their provinces for implementation, taking into account the interests of enterprises acting as representatives in signing these contracts.
3. The exportation of rice under the Government�s debt repayment and aid plans shall comply with the bidding mechanism or separate decisions of the Prime Minister.
4. In order to ensure the farmers� interests, stabilize the agricultural production and the domestic market, reduce difficulties caused by the domestic and foreign market fluctuations to the paddy, rice and fertilizer production and circulation activities, the Prime Minister shall consider and decide on necessary measures for effectively intervention in the paddy, rice and fertilizer markets.
Article 7.- Import of petrol, oil and fuel.
1. In the fourth quarter of each year, the Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Trade in submitting to the Prime Minister for approval the petrol and oil import quotas for domestic consumption in the subsequent year. Where arises the need to adjust the petrol and/or oil import quotas, the Ministry of Planning and Investment shall exchange opinions with the Ministry of Trade and the Ministry of Finance before submitting such adjustment to the Prime Minister for consideration and decision.
2. The Minister of Trade is assigned to decide on the concrete allocation and management of petrol and oil import quotas which shall be allocated to enterprises specialized in trading in petrol and oil for implementation.
3. To assign the Ministry of Planning and Investment to assume the prime responsibility together with the concerned ministries and branches to closely monitor the situation of the petrol and oil supply and demand as well as their prices on the domestic and foreign markets, submit to the Prime Minister for consideration the adjustment of relevant policies when necessary, so as to stabilize the domestic petrol and oil prices, satisfy the petrol and oil demands of major manufacturing industries and stabilize petrol and oil trading activities.
Article 8.- Import of components for assembly of automobiles and motorbikes
1. Foreign-invested enterprises operating in the field of automobile and motorbike assembly and/or manufacture may import components for manufacture and/or assembly according to the investment licenses granted to them, compatible with their production capacity and compliant with the State�s current regulations on localization and standards of vehicles.
2. Domestic enterprises operating in the field of automobile and motorbike manufacture and/or assembly must abide by the State�s current regulations on localization, the Vietnamese and international legislation on industrial property rights, as well as on the vehicle safety quality and standards. Enterprises may import only components for manufacture and assembly according to the localization program and at the registered establishments, must neither sell nor conduct the entrusted import of assorted automobile and motorbike components.
The importation of automobile and motorbike components may only be conducted by official trading mode and the payment therefor must be made under the guidance of Vietnam State Bank.
The Prime Minister shall issue specific regulations on the manufacture and assembly of automobiles and motorbikes, including the manufacture of accessories, in order to meet the requirements of developing the automobile and motorbike industry in the coming time and circulating these goods items; in the immediate future, to stop the registration of localization rates for automobiles and motorbikes of new brands and marks.
Article 9.- On the management of waste and discarded materials
To assign the Minister of Science, Technology and Environment to base himself on current law provisions, to stipulate and publicize the list of waste and discarded materials banned from import, conditions and standards for waste and discarded materials to be imported for use as raw materials for domestic production, which shall serve as basis for enterprises to carry out customs procedures at the border gates.
Article 10.- Re-export of imported supplies for which the State ensures the foreign currency balance
For the goods items the State ensures the foreign currency balance for their import needs, including petrol, oil, fuel and fertilizers, they shall be re-exported only when the foreign customers pledge to make payment therefor in freely-convertible foreign currencies and the Ministry of Trade so approves.
Article 11.- Special-type business forms
In order to ensure the national interests, in necessary cases, the Prime Minister shall consider and decide the trading forms in a number of fields, in a number of geographical areas, for some specific goods items and for contracts signed under the agreements between our Government and foreign governments on trade, debt repayment and aid.
Article 12.- Goods regulated by other managerial instruments
1. In the 2001-2005 period, the State shall apply the tariff quotas, the absolute tax, the anti-dumping tax, the anti-subsidy tax, the environment charge and other anti-price conversion measures to a number of import goods so as to protect domestic production, ensure fair trade and protect the environment.
2. In 2001, the Ministry of Trade shall assume the prime responsibility and coordinate with the concerned ministries and branches in formulating the management principles and the list of goods controlled by the instruments specified in Clause 1 of this Article, and report them to the Prime Minister. Particularly for anti-price conversion measures, to assign the Ministry of Finance to study and submit them to the Prime Minister for consideration and decision.
Article 13.- Export and import of other kinds of goods
For those kinds of goods not on the lists in Appendices 01, 02 and 03 and not prescribed in this Decision, Vietnamese traders may export and import them according to law provisions.
Chapter III
IMPLEMENTATION PROVISIONS
Article 14.- Implementation effect clause
This Decision shall take effect as from May 1, 2001 and apply to all activities of exporting and importing commercial and non-commercial goods, exporting and importing goods across the border areas adjacent to neighboring countries.
Governments� and non-governmental aid goods, goods being transferred properties, including goods in service of the needs of individuals with the diplomatic status, and personal effects as prescribed by law, shall comply with separate regulations of the Prime Minister.
To annul Decision No. 242/1999/QD-TTg of December 30, 1999, Decision No. 237/1999/QD-TTg of December 24, 1999 and Decision No. 65/1998/QD-TTg of March 24, 1998 and all previous provisions contrary to the provisions of this Decision.
Article 15.- Guiding, inspecting and implementing responsibilities
1. The ministries� and branches� circulars guiding this Decision (including the appendices attached thereto) must be promulgated before April 30, 2001.
2. The Minister of Trade shall have to supervise and monitor concerned ministries� and branches� circulars and documents guiding the implementation of this Decision. Where the guidances of such ministries and/or branches are not compatible with the provisions of this Decision, the Minister of Trade shall report them to the Prime Minister so that the latter can direct the ministries and branches to make appropriate revisions.
3. If, in the course of implementation of this Decision, any problem arises beyond the competence of the ministries and branches, the Minister of Trade shall be assigned to sum up and report them to the Prime Minister for consideration and decision.
4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and 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
APPENDIX 01
LIST OF GOODS BANNED FROM EXPORT AND IMPORT IN THE 2001-2005 PERIOD
(Issued together with the Prime Minister�s Decision No. 46/2001/QD-TTg of April 4, 2001)
I. GOODS BANNED FROM EXPORT
II. GOODS BANNED FROM IMPORT
(Issued together with the Prime Minister�s Decision No. 46/2001/QD-TTg of April 4, 2001)
I. EXPORT GOODS
I. IMPORT GOODS
I. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
II. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE MINISTRY OF AQUATIC RESOURCES
III. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE STATE BANK
IV. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
V. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE MINISTRY OF CULTURE AND INFORMATION
VI. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE MINISTRY OF HEALTH
1. The certification of lists of import goods must be effective for at least 24 months from the date of certification of such lists. Not to approve and take any other measures to restrict the quantity or value of goods when certifying the goods lists.
2. Goods regulated by test permits must comply with the testing content and duration under the guidance of the Ministry of Health. Basing itself on the testing results, the Ministry of Finance shall decide whether or not to permit their use in Vietnam. Once permitted by the Ministry of Finance for use in Vietnam, the goods may be imported according to demand therefor, without any restrictions on their quantity or value, without having to applying for import permits or certification of lists of import goods.
3. Goods subject to the circulation registration measure, after being granted with registration numbers, may be imported according to demand therefor, without any restrictions on their quantity or value, without having to applying for import permits or certification of lists of import goods.
VII. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE MINISTRY OF INDUSTRY