Circular No. 02/2006/TT-BBCVT guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries for goods under the specialized management of the Ministry of Posts and Telecommunications.

CIRCULAR

Guidelines for implementing Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related agency purchasing, selling, processing, and transit goods with foreign countries under the specialized management of the Ministry of Posts and Telecommunications.

Pursuant to the Posts and Telecommunications Ordinance and related decrees detailing the implementation of the Ordinance;

Pursuant to Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related agency purchasing, selling, processing, and transit goods with foreign countries;

The Ministry of Posts and Telecommunications hereby provides guidance on certain contents concerning goods under the specialized management of the Ministry of Posts and Telecommunications as specified in Section IV of Appendix No. 03 issued together with Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government as follows:

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1. The Ministry of Posts and Telecommunications shall implement management through issuing import permits for the following goods:

a) Postage stamps, stamp publications, and other philatelic items (hereinafter referred to as postage stamps) detailed in Appendix 01 of this Circular;

b) Radio frequency transmission and reception equipment with bandwidth frequencies ranging from 9 kHz to 400 GHz and power output of 60mW or more as detailed in Appendix 02 of this Circular;

c) Radar equipment, radio wave assistance devices, and remote control devices using radio waves as detailed in Appendix 02 of this Circular;

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

(The equipment mentioned in points b) and c) of this item shall be collectively referred to as radio frequency transmission and reception equipment.)

In cases where the above goods are imported for security and defense purposes, they shall be implemented according to Article 10, Clause 6 of Decree No. 12/2006/NĐ-CP of the Government, and the Ministry of Posts and Telecommunications will not issue import permits.

Temporary import-re-export of the aforementioned goods shall be carried out according to the guidelines of the Ministry of Trade after reaching an agreement with the Ministry of Posts and Telecommunications; Transit and transshipment shall be carried out according to the guidelines of the Ministry of Trade.

2. Goods under the specialized management of the Ministry of Posts and Telecommunications may be exported without an export permit. Exporting postal, telecommunications, and information technology products manufactured and assembled domestically is encouraged.

3. For goods under the specialized management of the Ministry of Posts and Telecommunications that are not prohibited from importation and do not fall within the categories listed in Appendices 01 and 02 of this Circular, importation does not require an import permit from the Ministry of Posts and Telecommunications and must comply with current standards certification procedures.

II. REGULATIONS ON THE ISSUE OF IMPORT PERMITS

A. Postage Stamps

1. Conditions for Importation:

Imported postage stamps must not belong to the following types:

a) Counterfeit postage stamps;

b) Postage stamps containing unhealthy content, inciting hatred among ethnic groups, or violating social customs and traditions;

c) Postage stamps that have been warned by postal authorities or stamp collecting associations about inappropriate content and origin.

2. Cases of Importation Without an Import Permit:

a) Postage stamps exchanged for business purposes with member countries of the Universal Postal Union (UPU);

b) The total number of different types of postage stamps imported at one time is less than 500 pieces;

c) Vietnamese postage stamps re-imported after participating in international exhibitions or conferences;

d) Vietnamese postage stamps printed abroad based on decisions of the Ministry of Posts and Telecommunications.

3. Documents for Requesting an Import Permit for Postage Stamps:

a) Application form for an import permit according to Model 01 in Appendix 03 of this Circular;

b) Sample postage stamps or copies of the requested imported postage stamps;

4. Address for Receiving Applications for Import Permits for Postage Stamps:

Organizations and individuals submit applications for import permits for postage stamps to:

Ministry of Posts and Telecommunications,

18 Nguyen Du Street, Hanoi

Telephone: 04 8228899 Fax: 04 8226954

5. Time Limit for Processing Import Permits for Postage Stamps:

a) Within a maximum period of five working days from the date of receipt of complete application documents, the Ministry of Posts and Telecommunications is responsible for issuing an import permit according to Model 02 in Appendix 04.

b) In case of refusal to issue an import permit, the Ministry of Posts and Telecommunications is responsible for notifying the individual or organization that submitted the application in writing and specifying the reasons for refusal.

6. An import permit for postage stamps is only valid once and cannot be extended.

7. Fees for Issuing Import Permits for Postage Stamps:

Organizations and individuals who obtain an import permit must pay the import permit issuance fee according to regulations of the Ministry of Finance.

B. Radio Frequency Transmission and Reception Equipment:

Radio frequency transmission and reception equipment for importation must meet the following requirements:

a) Comply with Vietnamese telecommunication technology and network standards and technical standards established or announced for application by the State, the Ministry of Posts and Telecommunications;

b) Comply with the National Radio Frequency Spectrum Plan as stipulated in Decision No. 336/2005/QĐ-TTg dated December 16, 2005 of the Prime Minister;

c) Comply with management standards for radio wave emissions, ensuring no interference between communication systems and appropriate usage consistent with telecommunication management regulations;

c) Postage stamps that have been warned by postal authorities or stamp collecting associations about inappropriate content and origin.

d) Equipment that does not meet these requirements, if imported for special purposes, shall be handled according to specific guidelines provided by the Ministry of Posts and Telecommunications for each case.

2. The following cases do not require an import permit:

Importation of radio frequency transmission and reception equipment for fishing vessels operating in the 26.96–27.41 MHz band with a transmission power not exceeding 25W.

3. Documents for Requesting an Import Permit for Radio Frequency Transmission and Reception Equipment:

a) Application form for an import permit according to Model 02 in Appendix 03;

b) Copies:

- Business registration certificate, establishment license, national identity card, passport (notarized copy or photocopy with original for verification).

3. Application dossier for the issuance of a permit to import radio wave transmitting and receiving equipment:

a) An application form for the issuance of an import permit according to Form 02 in Appendix 03;

b) Copies of:

- Business registration certificate, establishment license, national identity card, passport (notarized copies or photocopies accompanied by original documents for verification);

- Certificate of compliance with standards;

- Technical documentation of the equipment;

- Commercial contract or customs declaration or other documents indicating the quantity related to the imported consignment.

4. Address for receiving applications and issuing import permits for radio wave transmitting and receiving-transmitting equipment:

Luu Manh Tuong Postal Telecommunications Quality Management and Information Technology
Address: 18 Nguyen Du Street, Hanoi;

Telephone: 04 9720204 – Fax: 04 9720201

- Regional Quality Management Office No. 2

Address: 27 Nguyen Binh Khiem Street, District 1, Ho Chi Minh City;

Telephone: 08 9105114 – Fax: 08 9104723

- Regional Quality Management Office No. 3

Address: 42 Tran Quoc Toan Street, Da Nang;

Telephone: 0511 897717 – Fax: 0511 843007

5. Time limit for processing and issuing import permits for radio wave transmitting and receiving-transmitting equipment:

a) Within five working days from the date of receipt of complete and valid application, the issuing authority shall issue the import permit according to Form 04 of Appendix 03;

b) In case of refusal to issue the permit, the issuing authority must notify the individual or organization that submitted the application in writing and specify the reasons for refusal.

6. Fees for issuing import permits for radio wave transmitting and receiving-transmitting equipment:

Organizations and individuals who obtain the import permit must pay the fee for issuing the import permit for radio wave transmitting and receiving-transmitting equipment in accordance with the regulations of the Ministry of Finance.

7. Validity of the import permit for radio wave transmitting and receiving-transmitting equipment:

a) Based on the actual application materials for the import permit and within the validity period of the certificate of compliance with standards;

b) The import permit for radio wave transmitting and receiving-transmitting equipment issued by the import permit issuing authorities is valid nationwide. Such import permit does not serve as a substitute for the Telecommunication Network Establishment Permit or the Radio Transmitter and Frequency Permit.

8. Procedures and formalities for extending the import permit for radio wave transmitting and receiving-transmitting equipment:

a) Organizations and individuals wishing to extend the import permit for radio wave transmitting and receiving-transmitting equipment must submit an extension registration application to the issuing authority before the expiration date stated in the previously issued permit, including:

- A letter requesting an extension of the import permit, clearly stating the reasons for the extension request;

- A copy of the import permit.

b) Within three working days from the date of receipt of complete and valid application, the issuing authority must notify in writing whether the extension of the import permit is approved or not.

IV. IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette. All previous provisions contrary to this Circular are hereby repealed.

2. During implementation, if there are any issues arising or difficulties encountered, organizations and individuals are requested to report them to the Ministry of Posts and Telecommunications for prompt resolution./.