Circular No. 03/TT-KHĐT guiding the importation of chemicals pursuant to Decision No. 28/TTg dated January 13, 1997 of the Prime Minister

1. All enterprises of all types (production, trading) regardless of economic sector, meeting the following conditions shall be permitted to import chemicals:

Having a Decision on establishment of the enterprise in accordance with the regulations of the Government; Engaging in the production, trading of chemicals or having a real need to use chemicals in production.

Holding a Business Registration Certificate for exporting and importing chemical products.

The term "chemical products" is generally understood in the phrase "Production materials, supplies, raw materials serving production" recorded in the Business Registration Certificate for exporting and importing issued by the Ministry of Trade to enterprises.

2. Enterprises meeting the conditions set out in point 1 above shall be permitted to import all types of chemicals (except toxic chemicals) according to their needs and economic contracts.

1\. For those types of chemicals that domestic production can basically meet the demand in terms of quantity and quality, supplementary imports will only be allowed based on the principle that imported chemicals must have equivalent (or higher) quality and equivalent (or lower) price than domestically produced chemicals of the same type.

2\. Importing toxic chemicals as defined in Decision No. 28/TTg dated January 13, 1997 of the Prime Minister is prohibited. Importing intermediate raw materials for producing toxic chemicals must be approved by the Ministry of Industry on a case-by-case basis.

3\. The list of types of chemicals that domestic production can basically meet the demand and anticipated usage requirements, only requiring supplementary imports in 1997, is attached as Appendix 1. This list will be reviewed and adjusted annually based on usage needs and domestic capacity to meet such needs. It is requested that the Ministry of Trade and the General Department of Customs base this list to control and adjust the imports of enterprises accordingly.

4\. Chemicals used as raw materials for producing plant protection products, and chemical plant protection products that need to be imported must comply with the Plant Protection and Quarantine Law promulgated on February 15, 1993 and the guidance of the Ministry of Agriculture and Rural Development.

5\. Chemicals used as addictive substances, psychoactive substances, and precursors in the medical field and pharmaceutical preparation that need to be imported must have a permit from the Ministry of Health in accordance with Decree No. 89/CP dated December 15, 1995.

6\. Importers of chemicals must provide necessary information in writing (in addition to the documents mentioned in point 1 of Section I) for the customs authority to review before allowing importation, such as: source of import, purpose of use, product quality, import price.

7\. Imported chemicals, depending on their specific physical and chemical properties, must be packaged in containers that meet safety standards during transportation and use in accordance with current government regulations.

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

For orders signed under contracts and opened Letters of Credit before March 25, 1997, and for units already confirmed by the Ministry of Industry prior to the issuance of this Circular, it is requested that the Ministry of Trade and the General Department of Customs allow implementation. In cases where there is a need for imports exceeding forecasted levels, it is requested that the General Department of Customs consider supplementary imports while informing the Ministry of Industry for adjustment.

The Ministry of Industry requests all Ministries, agencies at the level of ministries, government agencies, provincial People's Committees under the central government, and central bodies of mass organizations to inform enterprises under their management about the contents of this Circular and implement it, and simultaneously report any issues arising during implementation to the Ministry of Industry for timely adjustment.

APPENDIX 1