Circular No. 04/1998/TT-BTM guiding the import of two-wheeled motorbike components in the form of IKD

CIRCULAR

Guidelines for importing two-wheeled motorbike components in the form of IKD

Pursuant to Decision No. 11/1998/QĐ-TTg dated January 23, 1998 of the Prime Minister on the structure of export and import management in 1998;

Based on the results of implementation and the situation of assembling two-wheeled motorbikes in the form of IKD by domestic enterprises in recent times;

Based on the opinion of the Ministry of Industry in Circular No. 524/CV-KHĐT dated March 2, 1998, and after consultation with relevant ministries and sectors;

The Ministry of Trade hereby provides guidelines for importing two-wheeled motorbike components in the form of IKD as follows:

I. GENERAL PROVISIONS:

1. This Circular applies to all enterprises under various economic sectors established in accordance with Vietnamese law (excluding foreign-invested enterprises) that have production facilities for assembling two-wheeled motorbikes and meet the conditions for importing components in the form of IKD.

2. Components in the form of IKD referred to in this Circular are those defined in Decision No. 65/TĐC-QĐ dated March 16, 1995 of the General Department of Standardization, Metrology and Quality Control.

II. CONDITIONS FOR IMPORTING COMPONENTS IN THE FORM OF IKD:

Enterprises meeting the following conditions shall be assigned by the Ministry of Trade to import components in the form of IKD for production and assembly:

1. Enterprises that invested in production and assembly in 1997 and were granted permission by the Ministry of Trade to import components in the form of IKD for assembly under the import mechanism in 1997.

2. Enterprises with new investment projects to establish production and assembly facilities for two-wheeled motorbikes in the form of IKD: To ensure compliance with planning and industry development as directed by the Prime Minister in Notification No. 132/TB dated November 25, 1997, enterprises with new investment projects must satisfy the following conditions:

2.1. Possess an economic and technical feasibility study approved by the competent authority (Ministry, sector, People's Committee of provinces and centrally-administered cities).

2.2. Be approved in writing by the Ministry of Industry.

2.3. Be confirmed by the Ministry of Science, Technology and Environment (General Department of Standardization, Metrology and Quality Control) as having the necessary conditions for assembling two-wheeled motorbikes in the form of IKD, and be confirmed regarding the list of non-importable parts and the list of domestically produced parts suitable for the type of IKD assembly specified in Decision No. 65/TĐC-QĐ dated March 16, 1995 of the General Department of Standardization, Metrology and Quality Control.

2.4. In cases where enterprises continue to use the brand name of a foreign manufacturer, they must obtain approval from the foreign manufacturer and a supply contract for components in the form of IKD. If it is a new brand name, in addition to the agreement to supply IKD components from the foreign manufacturer, the enterprise must register with the National Office of Intellectual Property (Ministry of Science, Technology and Environment) regarding industrial design and trademark.

III. IMPLEMENTATION PROVISIONS:

1. Enterprises meeting the conditions stipulated in Section II of this Circular shall submit their application to the Ministry of Trade for consideration of import plans.

This Circular takes effect from March 15, 1998. All previous regulations of the Ministry of Trade that conflict with this Circular are hereby repealed. During the implementation process, if any ministries, sectors, localities, etc., find it necessary to supplement or amend any provisions, they should promptly reflect this to the Ministry of Trade for consolidation and adjustment.