Circular No. 05/1998/TT-BTM guides the export of goods that do not require a business license for import and export, applicable to all domestic enterprises and cooperatives except foreign-invested enterprises. This circular specifies the export procedures for certain special goods.
适用范围
All enterprises of all economic sectors and cooperatives established under Vietnamese law, except foreign-invested enterprises.
要点
- Exporting goods without a business license for import and export applies to all goods except those listed in Annexes 01 and 02, which only require a business registration certificate.
- For certain special goods such as minerals, plants for breeding purposes, wild animals, rare aquatic products, cultural publications, state-managed artistic works, film works, and textile products exported to the EU market, Canada, Norway, and Turkey, confirmation or quota allocation documents from specialized management agencies are required.
- Handicraft products made from natural forest wood also need to have quota allocation documents issued by the Ministry and the People's Committees of provinces and centrally-administered cities.
- Prohibited export goods and export goods requiring a business license for import and export issued by the Ministry of Trade with the appropriate commodity category, along with certain export procedures specified in Annexes 01 and 02.
- This Circular takes effect from March 18, 1998, abolishing all previous regulations inconsistent with this Circular.
🌐 本文件的社会影响
- Positive impact: Reducing administrative burdens for exporting enterprises that do not require a business license for import and export.
- Negative impact: It may lead to risks in managing and controlling the export of certain special goods, causing difficulties for specialized management agencies.
❓ 常见问题
Does the export of goods without a business license for import and export apply to all enterprises?
Yes, this Circular applies to all enterprises of all economic sectors and cooperatives established under Vietnamese law, except foreign-invested enterprises.
Which agency must confirm the export of mineral goods?
When exporting mineral goods, enterprises must present confirmation from the Ministry of Industry.
What special requirements are there for exporting textile products to the EU, Canada, Norway, and Turkey markets?
Textile products exported to these markets need to have quota allocation documents issued by the Ministry of Trade and are only granted to enterprises that had invested in building textile factories before 1998.
When does this Circular take effect?
This Circular takes effect from March 18, 1998, abolishing all previous regulations inconsistent with this Circular.
Must prohibited export goods have a business license for import and export issued by the Ministry of Trade?
Yes, prohibited export goods and export goods requiring a business license for import and export issued by the Ministry of Trade with the appropriate commodity category, along with certain export procedures.
全文
CIRCULAR
Guidelines for implementing Decision No. 55/1998/QĐ-TTg dated March 3, 1998 of the Government Chairman on approving the list of export goods requiring business licenses for import and export activities.
__________________________
Pursuant to Decision No. 11/1998/QĐ-TTg dated January 23, 1998 of the Government Chairman on the mechanism for managing import and export activities in 1998;
Pursuant to Decision No. 55/1998/QĐ-TTg dated March 3, 1998 of the Government Chairman on approving the list of import and export goods requiring business licenses for import and export activities;
The Ministry of Trade guides the export of goods that do not require business licenses for import and export activities issued by the Ministry of Trade as follows:
I. APPLICABLE OBJECTS:
The export of goods that do not require business licenses for import and export activities under this Circular applies to all enterprises of all economic sectors and cooperatives established under Vietnamese law, except for foreign-invested enterprises.
II. GOODS THAT CAN BE EXPORTED WITHOUT A BUSINESS LICENSE FOR IMPORT AND EXPORT; PROCEDURES FOR EXPORTING THESE GOODS:
1. All types of goods outside the list recorded in Appendix 01 and Appendix 02 attached to this Circular shall be exported based on the Business Registration Certificate. Export procedures shall be handled at the Customs Office.
2. For the following goods, in addition to the requirement of having a Business Registration Certificate, it is necessary to present additional confirmation for export from the competent specialized management agency or a quota or export target document issued by the authorized state agency:
2.1. Mineral products (confirmation from the Ministry of Industry).
2.2. Plants for seed purposes, wild animals (confirmation from the Ministry of Agriculture and Rural Development); rare aquatic species, live aquatic species used for seed purposes (confirmation from the Ministry of Fisheries).
2.3. Cultural publications, state-managed artistic works, film works, video tapes with recorded programs (confirmation from the Ministry of Culture and Information). The specific list of goods mentioned in 2.1, 2.2, and 2.3 above shall be implemented according to Decree No. 89/CP dated December 15, 1995 of the Government.
2.4. Textile and garment products exported to the EU, Canada, Norway, Turkey (quota document issued by the Ministry of Trade and in 1998, only enterprises that have invested in building textile and garment factories before 1998 will be considered).
2.5. Handicraft wooden products made from natural forest wood (target document issued by the Ministry, Provincial People's Committee, or Municipal People's Committee directly under the Central Government).
III. PROHIBITED EXPORT GOODS AND EXPORT GOODS REQUIRING A BUSINESS LICENSE FOR IMPORT AND EXPORT:
Prohibited export goods and export goods requiring a business license for import and export issued by the Ministry of Trade with corresponding industry categories, along with certain export procedures, are listed in Appendix 01 and Appendix 02 attached to this Circular.
IV. IMPLEMENTATION CLAUSE:
This Circular takes effect from March 18, 1998. All previous regulations of the Ministry of Trade that conflict with this Circular are hereby abolished.
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