Circular No. 01/TM-XNK guiding the implementation of Decision No. 28/TTg dated January 13, 1997 of the Prime Minister on commodity policy and management of import and export activities in 1997

The list of goods prohibited from export and import, the list of goods managed by quota, the list of goods subject to specialized sector management regulations for export and import, and the list of goods related to major economic balances of the national economy and the management of export and import goods in 1997 shall be implemented according to Articles 1 through 8 of Decision No. 28/TTg and the attached appendices to this Decision.

Some points are further specified as follows:

1. Import of fertilizers

Pending the issuance of the Regulation on Importing and Trading Fertilizers, based on Article 3, Point 2, Decision No. 28/TTg, the Ministry of Trade temporarily determines the list of enterprises capable of importing fertilizers and assigns import quotas to these enterprises (See Appendix No. 01).

2. Import of parts for assembling automobiles and two-wheeled motorcycles with engines:

Implemented according to Article 6, Point 3, Decision No. 28/TTg. For parts of two-wheeled motorcycles in the form of IKD (In-Kit Delivery), to ensure compliance with the assembly standards and quality requirements for this type, the importation will be approved by the Ministry of Trade based on the enterprise's submitted documents including:

Economic and technical justification.

A document from the General Bureau of Standards, Metrology and Quality (Ministry of Science, Technology and Environment) or an authorized agency confirming that the enterprise has the necessary conditions to assemble vehicles according to the IKD standard.

Confirmation from the General Bureau of Standards, Metrology and Quality or an authorized agency regarding the number of replacement parts produced domestically that meet the IKD standard set by the General Bureau of Standards, Metrology and Quality.

3. Point a, Article 8, Decision No. 28/TTg, shall be implemented as follows:

To encourage exports, all enterprises of various types (trading, production), regardless of their economic components, if they have a formal Business License for Export and Import, are allowed to export and undertake consignment exports of goods outside the scope of goods listed in their business license, except for the following goods currently being exported under specific regulations:

Policy for educational institutions

Textile and garment products exported to the EU, Canada, Norway, Turkey

Coffee

Wood products, forest products, and processed wood products

Goods exported under specialized sector management mechanisms

This guidance replaces the previous guidance at point 2.2.1 of Joint Circular No. 77/TTLB dated July 29, 1996 of the Ministry of Trade - General Department of Customs.

1. Provisions on abolishing procedures for issuing export and import licenses for individual shipments shall be implemented according to Decree No. 89/CP dated December 15, 1995 of the Government, Joint Circulars No. 01/TTLB dated January 20, 1996, No. 07/TTLB dated April 13, 1996, No. 77/TTLB dated July 29, 1996, and related documents of the Ministry of Trade and the General Department of Customs.

2. To facilitate enterprises in determining product categories and items when handling customs procedures for export and import goods, based on the temporary explanation provided by the Ministry of Trade in Joint Circular No. 07/TTLB dated April 13, 1996, the Ministry of Trade provides additional explanations and further clarifications on some commonly encountered terms and groups of terms in the Business License for Export and Import of enterprises (see Appendix No. 02).

3. Goods such as cement, clinker, sugar, steel, steel billets, construction glass, writing paper, book printing paper, newspaper printing paper, and consumer goods are mainly supplied by domestic production. The Ministry of Trade will provide specific guidelines after the Ministry of Planning and Investment and relevant ministries and sectors unify the regulations on supplementary imports. Meanwhile, to prevent disruptions in business and production, the Ministry of Trade will allow enterprises to import these goods according to the regulations of 1996.

4. Apart from the specific guidelines for certain groups of goods mentioned above, the management of export and import activities in 1997 will be carried out according to the mechanism of 1996.

The Ministry of Trade requests Ministries, agencies equivalent to Ministries, government agencies, provincial People's Committees, and central agencies of mass organizations to inform enterprises under their jurisdiction about the contents of this Circular and implement it, while reflecting any issues arising during implementation to the Ministry of Trade for timely adjustment.

This Circular takes effect from the date of signature until March 31, 1998./.

4.5.1. Planting with potted seedlings

1. Vigecam Corporation

2. Hachimex Commercial Service Company Hai Phong

3. Ha Anh General Combined Materials Company Hanoi.

4. Agricultural Materials Company Nghe An

5. Mineral Import Export Company Ministry of Trade

6. Chemical Industry Corporation Ministry of Industry

7. Hai Phong Commercial and Service Import Export Company.

Place the seedling vertically in the planting hole. On slopes, orient the seedling towards the hilltop. On flat ground, align the seedling in the same direction.

8. Agricultural Materials Company Quang Nam - Da Nang

9. Inexim Daklak Company

10. Fine Arts Handicrafts Import Export Company Phu Yen (Corimex)

South:

11. Grainco Corporation Ministry of Agriculture

12. Ladfeco Long An Company

13. Thasimex Corporation Ministry of Defense

14. Epco Company Ho Chi Minh City.

15. An Giang Foodstuff Company

16. Southern Foodstuff Corporation Ministry of Agriculture and Rural Development

17. Incomex Youth Union Company

18. Dong Nai Agricultural Materials Company

19. One company introduced by the State Ethnic Minorities Commission and mountainous regions.

20. Petec Corporation Ministry of Trade

(*) This list applies until the Government issues a new decision.

The business license for import and export issued by the Ministry of Commerce to enterprises is a type of certificate from the State certifying the scope of goods permitted to be traded with foreign countries. This license is issued based on enterprises established according to Decree 388/CP of the Government previously, the Law on State Enterprises (after this law comes into effect), the Company Law, and guiding documents implementing laws issued by the Government. The main industry scope is based on the business registration certificate when establishing the enterprise, issued by the Economic Arbitration or the Provincial People's Committee Planning Commission.

To facilitate businesses in trading activities and avoid unnecessary disruptions, the Ministry of Commerce, when issuing import and export business licenses, has attempted to adjust some phrases to better align with actual conditions without changing the registered business contents of the enterprises.

Due to the context in which import and export business licenses are issued, the terms of imported and exported goods in some cases are not fully understood consistently by management agencies.

To avoid bottlenecks in import and export procedures, it is necessary to define the types of business and the permissible scope of import and export for enterprises:

Issued to units having production bases for exporting goods or processing goods for export to foreign countries.

For this type of license:

a) Import and export goods are carried out according to Point 3 of Circular No. 01 TM/XNK dated January 24, 1997.

b) Imported goods under this type of license include machinery, equipment, spare parts, materials, raw materials, etc., solely intended to serve the production of exported goods by that enterprise and shall not be used for domestic market trading purposes.

Enterprises holding this type of license are permitted to export goods according to Point 3 of Circular No. 01 TM/XNK dated January 24, 1997, and import goods within the scope of industries listed in their license. In certain cases, they may also be allowed by the Ministry of Commerce to import additional goods not listed in the license.

The phrases defining the scope of imported goods listed in the import and export business license are understood as follows:

1. Production materials, materials, raw and auxiliary materials serving production are temporarily divided into the following groups:

1.1. Fuel, minerals, technical oils:

Gaz, various types of gasoline

Various types of oil

Raw materials for producing gasoline, oil

Various types of coal.

1.2. For serving agriculture, forestry, fisheries: Various types of fertilizers, pesticides, herbicides, growth stimulants, veterinary drugs, livestock and plant seeds, raw materials for animal feed, fishing gear, etc.

1.3. For serving the food and beverage industry: Flour, MSG, sugar, milk powder raw material, butter oil, vegetable oil, shortening, food coloring, flavorings, fresh or processed meat and fish, various types of fresh and dry seasonings, malt, hop, bottle caps, bottle labels, etc.

1.4. For serving cigarette production: Tobacco leaves, tobacco threads, cigarette paper, raw materials for cigarette packaging, flavorings, filter tips or raw materials for filter tips, etc.

1.5. Chemicals, medicinal herbs: Various types of dyes, raw materials for paints, varnish, ink, packaging materials, DOP oil, raw materials for making medicines for humans or livestock, pigments, rubber vulcanizing agents, cleaning agents, essential oils, raw materials and flavorings for cosmetics production, etc.

1.6. For serving light industrial production: Various types of fabrics, sheep wool, cotton, synthetic fibers, cotton yarn, synthetic yarn, blended yarn, leather, artificial leather, various types of sewing and weaving auxiliary materials, raw and auxiliary materials for paper production, plastics, etc.

1.7. Electrical, electronic, optical materials: Various types of light bulbs, electrical cables, wires, circuit breakers, automatic switches, distribution boards, components and auxiliary materials for assembling electromechanical, electrical, electronic, and optical products, etc.

1.8. Materials serving cultural education, printing, film, photography tools, magnetic tapes, CDs, sports equipment, musical instruments, children's toys.

1.9. Metals: Pig iron, ferroalloys, copper, aluminum, lead, zinc, and other colored metals or alloys in finished or semi-finished forms. Various types of steel in finished or semi-finished forms, etc.

1.10. Explosives, gunpowder.

1.11. Various types of wood, paper.

1.12. Construction materials:

Including various types of cement, construction steel bars, clinker and additives for cement production, various types of bricks, tiles, paint, glass, aluminum and metal frames, prefabricated components, sanitary fixtures (bathtubs, toilets, washbasins, etc.), asphalt, road tar, fiberglass for soundproofing and insulation, etc.

2. Machinery, equipment, spare parts serving production:

Various types of machine tools and spare parts.

Various types of agricultural, fishing, and water conservancy machinery and spare parts.

Various types of machinery supporting production industries such as generators, electric motors, welding machines, transformers, plating machines, painting machines, etc.

Various types of machinery and spare parts for light industries such as textiles, garments, leather goods, ceramics, paper, glass, food processing, and consumer goods production.

Various types of machinery and equipment for shipbuilding and repair: machinery for producing packaging from metal, paper, plastic, glass, etc.

Telecommunication, wave transmission, broadcasting, television, telephone, telegraph, telex, fax equipment.

Specialized film and photography equipment: movie cameras, projectors, photo developing machines, video recorders, etc.

Printing equipment, office equipment.

Various types of laboratory equipment.

Mining and mineral processing equipment (coal, crude oil, ores, etc.).

Medical and pharmaceutical equipment.

Various types of equipment for road and bridge construction such as cranes, concrete mixers, hoists, etc.

Construction machinery (bulldozers, excavators, rollers, etc.) and building materials production machinery (cement production, brick and tile production, concrete mixing, clinker grinding, stone crushing, etc.).

Power generation equipment (hydroelectric, thermal power, transformer stations, power distribution stations).

Railway machinery and equipment, marine lighthouses and buoys, airfield equipment, radars, and air traffic control systems.

Equipment for river and sea ports. + Machinery for the metallurgical industry.

Machinery for the forestry industry, wood processing, and wooden product manufacturing.

Livestock equipment (incubators, egg candlers, egg selectors, milk extractors, etc.).

Production lines and complete sets of machinery for various industries.

Security and defense machinery and equipment.

Other types of machinery and equipment.

Spare parts for the machinery and equipment mentioned above.

Various types of tires and tubes.

3. Transportation means:

Enterprises are allowed to import cargo and passenger transportation vehicles on land, water, and air (cars, trailers, two-wheeled and three-wheeled motorized vehicles, ships, boats, barges, aircraft, railway cars, locomotives, etc.) and their spare parts.

4. Consumer goods:

The list and commodity codes of consumer goods are as follows:

4.1. Food:

Milk and dairy products: including items from subheadings 0401 to 0406 under Chapter 4 (Chapter on milk and dairy products; eggs of birds and poultry...).

Candy and pastries:

Items in Chapter 17 (various jams, sweets with sugar).

Items in subheading 1806 of Chapter 18 (cocoa and cocoa preparations).

Items in subheadings 190510 to 190540 of Chapter 19 (products made from cereals, flour, starch, milk: various pastries).

Beverages:

Items in Chapter 22 (beverages, spirits, beer...) except 2207; 220810 and 220900.

Items in subheading 2009 of Chapter 20 (fruit and vegetable juices) - Products of subheadings 090111 to 090121 of Chapter 9 (roasted or unroasted coffee) and various teas.

Fresh and dried fruits: items in Chapter 8 (edible fruits and nuts; citrus and coconut shells) except items in subheading 081400 (shells of various fruits...).

Canned goods:

Products of Chapter 20 (prepared foodstuffs from vegetables, fruit, nuts and other parts of plants) in cans.

Products of headings 2103; 2104 of Chapter 21 (other prepared foodstuffs) in cans.

Products of Chapter 2 (meat and edible offal of animals) and of Chapter 3 (fish and crustaceans, molluscs and other aquatic invertebrates) in cans.

4.2. Household and personal items:

Kitchenware:

Items in subheading 392410 of Chapter 39 (sets of tableware, kitchen utensils).

Items in subheading 4419 of Chapter 44 (sets of tableware, kitchen utensils).

Items in heading 7321 (ranges, stoves, ovens, grills, broilers, etc.), 7323 of Chapter 73 (sets of tableware, kitchen utensils, other household articles...).

Products in subheading 741810 of Chapter 74 (sets of tableware, kitchen utensils or other household articles).

Products in subheading 761510 of Chapter 76 (sets of tableware, kitchen utensils...).

Items in heading 8215 of Chapter 82 (coffee spoons, plates, cups...) - Items in subheading 691110 of Chapter 69 (sets of tableware and kitchen utensils).

Items in heading 7013 of Chapter 70 (sets of tableware, kitchen utensils...).

Interior decoration:

Items in headings 9403; 9404 of Chapter 94 (beds, wardrobes, tables and chairs and parts thereof; mattress covers, bed linen, similar coverings).

Items in subheading 9105 of Chapter 91 (alarm clocks, wall clocks).

Items in headings 6301; 6302; 6303 of Chapter 63 (quilts and travel quilts; bedspreads, tablecloths; curtains and fine lace).

Ready-made clothing and various outfits:

Items in Chapter 61 (knitted or crocheted clothing and other made-up textile articles), except items in subheading 611220 (skiwear).

Items in Chapter 62 (made-up clothing and accessories, not knitted or crocheted), except items in subheading 621120 (skiwear).

Items in Chapter 64 (footwear, including sports footwear, orthopedic footwear, and the like), except items in subheading 640311 (snow boots and cross-country ski boots).

Items in subheadings 6503 to 6506 (hats and other headgear).

Items in subheading 6601 (umbrellas and sun umbrellas) of Chapter 66.

Cosmetics:

Items in subheadings 3303 to 3307 (perfumes, eau de toilette; cosmetics or make-up preparations; hair care products, dental hygiene products; pre-shave and after-shave products, deodorants...).

4.3. Complete electrical, electronic, and optical equipment:

Electrical appliances:

Household electrical appliances (iron, kettle, shaver, vacuum cleaner, blender, washing machine).

Various household fans.

Electric filament lamps or household discharge lamps.

Domestic air conditioning units

Household refrigerators.

Electronic items:

Various types of televisions, radios, cassette players, video players, silent players, tape recorders.

Optical products:

Cameras, film cameras, video recorders, eyeglasses.

Means of transportation:

Passenger cars with fewer than 12 seats.

Two-wheeled motorcycles with engine cylinder capacity under 175 cm³

Two-wheeled bicycles./.