This Circular provides detailed guidance on the import and export of goods by foreign-invested enterprises. It specifies the list of goods prohibited from export and import as well as the conditions for importing certain specific items.
적용 범위
Foreign-invested enterprise
핵심 사항
- Specifies the list of goods prohibited from export and import.
- Conditions for importing goods such as oil, automobiles, construction steel...
- Guides the import and export under barter trade methods.
- phuluc1standardized_list_of_prohibited_export_import_goods
- phuluc2list_of_import_goods_with_conditions
🌐 이 문서의 사회적 영향
- Aids in strictly managing import and export activities to ensure national security and economic development.
- Ensures that the domestic market is not overly competitive with imported goods.
❓ 자주 묻는 질문
Which goods are allowed to be exported?
This Circular stipulates the list of goods prohibited from export, therefore all goods not included in this list may be exported unless otherwise specified.
What conditions apply to imported automobiles?
Passenger cars up to 15 seats, buses up to 50 seats, trucks under 5 tons must have an import permit.
전문
CIRCULAR
Guidelines for implementing Decision No. 254/1998/QĐ-TTg dated December 30, 1998 of the Prime Minister on the management of import and export activities in 1999 for foreign-invested enterprises and joint ventures established and operating under the Law on Foreign Investment in Vietnam (hereinafter referred to as enterprises).
Pursuant to the Law on Foreign Investment in Vietnam dated November 12, 1996;
Pursuant to Decree No. 12/1997/NĐ-CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment;
Pursuant to Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Government on certain measures to encourage and ensure foreign direct investment activities in Vietnam;
Pursuant to Decree No. 57/1998/NĐ-CP dated August 28, 1998 of the Government on export, import, processing, and agency sales of goods with foreign countries;
Pursuant to Document No. 154/CP-KTTH dated February 13, 1999 of the Government;
Implementing Decision No. 254/1998/QĐ-TTg dated December 30, 1998 of the Prime Minister on the management of import and export activities of goods in 1999, the Ministry of Trade guides the export and import activities of goods of foreign-invested enterprises and joint ventures established and operating under the Law on Foreign Investment in Vietnam (hereinafter referred to as enterprises) The export and import activities of these enterprises, in addition to being carried out in accordance with the Law on Foreign Investment in Vietnam dated November 12, 1996, Decree No. 12/1997/NĐ-CP dated February 18, 1997, Decree No. 57/1998/NĐ-CP dated January 23, 1998 of the Government, Decision No. 0321/1998/QĐ-BTM dated March 14, 1998 of the Minister of Trade guiding the implementation of Decrees) as follows:
No. 12/1997/NĐ-CP and No. 57/1998/NĐ-CP, related regulatory documents concerning foreign investment in Vietnam, and Investment Licenses, shall also be implemented in accordance with Decision No. 254/1998/QĐ-TTg dated December 30, 1998 of the Prime Minister on the management of import and export activities of goods in 1999, specifically:I. Export of Goods1. Enterprises are not allowed to export goods listed in Item I of Appendix 1 attached to this Circular, which are prohibited from export and import.The export of goods subject to specialized management according to the list approved by the Prime Minister shall be implemented in accordance with the provisions of Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government and Decision No. 254/1998/QĐ-TTg dated December 30, 1998 of the Prime Minister. 2. The export of rice by foreign-invested enterprises with the function of producing rice as stipulated in their Investment License shall be implemented in accordance with Clause b of Article 2 of Decision No. 250/1998/QĐ-TTg dated December 30, 1998 of the Prime Minister and Item 4 of Section I of Circular No. 22/1998/TT-BTM dated December 30, 1998 of the Ministry of Trade, as follows:
The allocation and adjustment of quotas for foreign-invested enterprises engaged in the production and processing of rice shall be decided by the Minister of Trade based on the principles set forth in Document No. 1182/CP-KTTH dated October 6, 1998 and Document No. 304/VPCP-QHQT dated November 6, 1998.
Rice export quotas shall be directly assigned to enterprises by the Ministry of Trade.
3. The export of textile and garment products to markets with quota restrictions in 1999 shall be implemented in accordance with Document No. 1126/CP-KTTH dated September 21, 1998 of the Office of the Government and Joint Circular No. 20/1998/TTLB-BTM-BKHĐT-BCN dated October 12, 1998 of the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry.II. Import of Goods1. Enterprises are not allowed to import goods listed in Item II of Appendix 1 of the List of Prohibited Export and Import Goods attached to this Circular.2. For goods listed in Appendix 2 of the List of Import Goods Subject to Conditions attached to this Circular, enterprises must prioritize purchasing them domestically if they meet the same technical and commercial conditions.
The import of such goods must have a permit from the Ministry of Trade or other agencies authorized by the Ministry of Trade in accordance with regulations on分级任务,每个任务翻译一个段落。以下是第一个段落的翻译:
The allocation and adjustment of quotas for foreign-invested enterprises operating in rice production and processing shall be examined and decided by the Minister of Trade based on the guiding principles set forth by the Prime Minister in Document No. 1182/CP-KTTH dated October 6, 1998, and Document No. 304/VPCP-QHQT dated November 6, 1999.pursuant to Decision No. 1998 and Document No. 304/VPCP-QHQT dated November 6, 1998;
The export quota for rice shall be directly assigned to enterprises by the Ministry of Trade.
3. Exporting textile and garment products to markets with quota regulations in 1999 shall be carried out according to Document No. 1126/CP-KTTH dated September 21, 1998, of the Government Office and Circular Joint No. 20/1998/TTLB-BTM-BKHĐT-BCN dated October 12, 1998, of the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry.
II. Import of Goods
1. Enterprises are not allowed to import goods listed in Section II of Appendix No. 1 of the List of Prohibited Export and Import Goods attached to this Circular.
2. As for goods listed in Appendix No. 2 of the List of Conditionally Imported Goods attached to this Circular,enterprises must prioritize purchasing domestically if they have equivalent technical and commercial conditions.
The importation of such goods must be authorized by the Ministry of Trade or agencies authorized by the Ministry of Trade in accordance with the分级任务,确保每个部分都准确无误地翻译。继续处理剩余的段落:ach must be authorized by the Ministry of Trade or agencies authorized by the Ministry of Trade in accordance with the hierarchical management regulations. The application for importation must include explanations regarding the following contents:
Technical specifications of the imported goods compared with similar domestic products (a certified copy of quality standards from a quality inspection organization for domestic products);
The CIF price of the imported goods, and the bidding prices of similar domestic products offered by some domestic manufacturers (copies of the bidding offers).
3. Importation of fertilizers: Foreign-invested enterprises with the function of producing fertilizers as stipulated in their Investment License, if they need to import fertilizers as raw materials for production, may import them in quantities and types consistent with their Economic and Technical Justification and actual production situation of the previous year.
4. Importation of parts and components for assembling automobiles and two-wheeled motorbikes (IKD): Foreign-invested enterprises with the function of assembling and producing automobiles and two-wheeled motorbikes (IKD), after completing machinery and equipment investment in accordance with their Economic and Technical Justification, may import parts for production and assembly in accordance with their Investment License and Economic and Technical Justification.
III. Import and Export of Goods under Barter Method
Foreign-invested enterprises are permitted to engage in import and export under the barter method in accordance with specific regulations as follows:
1. Imported Goods:
Goods imported under the barter method must be raw materials and supplies for production of the enterprise as specified in the Investment License and Economic and Technical Justification.
Raw materials and supplies imported under the barter method must be included in the annual import plan that has been approved.regarding the annual import volume that has been approved.
2. Exported Goods:
Goods exported under the barter method must be products produced by the enterprise in accordance with the provisions of the Investment License and products purchased domestically for export in compliance with Article 7 of Decision No. 0321/1998/QĐ-BTM dated March 14, 1998, issued by the Minister of Trade. issued by the Minister of Trade on March 14, 1998, Decision No. 0321/1998/QĐ-BTM.
3. Import and export under the barter method must be conducted based on foreign trade purchase contracts.
IV. Implementation Provisions:
This Circular takes effect fifteen days from the date of issuance.
attached hereto.
List of Prohibited Export and Import Goods
(Attached to Circular No. 07/1999/TT-BTM dated March 25, 1999 of the Ministry of Trade)
I. Prohibited Export Goods:
1. Weapons, ammunition, explosives, military technical equipment;
2. Antiques;
3. Various types of narcotics;
4. Toxic chemicals;
5.Round wood, sawn timber, peeled wood from natural forests within the country; firewood, charcoal from wood or firewood; semi-finished products made from natural forest wood prohibited for export as stipulated in Decision No. 65/1998/QĐ-TTg dated March 24, 1998 of the Government Prime Minister.
6.Wild animals and rare natural flora and fauna.
II. Prohibited Import Commodities:
1.Weapons, ammunition, explosives (except industrial explosives regulated separately by the Government Prime Minister); military technical equipment.
2.Drugs;
3.Poisonous chemicals;
4.Obscene and subversive cultural products;
5.Fireworks of all kinds (except signal fireworks for maritime safety and other needs regulated separately by the Government Prime Minister). Toys that have a negative impact on personality education, social order, and public safety.
6.Cigarettes (except personal luggage within specified quantities).
7.Used consumer goods (except movable property including goods serving the needs of individuals under diplomatic status of countries, international organizations, and personal luggage within specified quantities).
8.Left-hand drive automobiles (including disassembled form and those with steering wheels converted before importation into Vietnam).
Special provisions apply to self-propelled specialized vehicles with left-hand drive operating in confined areas such as cranes, trench diggers, garbage trucks, street sweepers, road construction vehicles, airport passenger buses, warehouse and port cargo lifters, etc., which may be imported upon approval by the Minister of Trade when necessary.
9.Used spare parts for motorcycles, three-wheeled motorized vehicles, including chassis with used automobile engines.
10.Amphibole asbestos-containing materials.
11.Used internal combustion engines with power less than 30 horsepower.
attached hereto to the People's Committee of the province.
List of Import Commodities Subject to Conditions
(Attached to Circular No. 07/1999/TT-BTM dated March 25, 1999 of the Ministry of Trade)
1.Petroleum products (must be entrusted to key enterprises for import);
2.Two-wheel, three-wheel motorized vehicles and complete sets of components;
3.Domestic electric fans;
4.Ceramic and Granite wall and floor tiles;
5.Consumable porcelain, glass, and pottery items (including sanitary ware);
6.Finished plastic packaging;
7.Incomplete sets of two-wheel, three-wheel motorized vehicle frames and machines;
8.Liquid caustic soda (NaOH);
9.Bicycles;
10.Refinery vegetable oil;
11.DOP plasticizer;
12.Clinker;
13.Black cement;
14.White sugar, raw sugar;
15.Cars
-Touring cars up to 15 seats
-Passenger cars up to 50 seats
-Cars for both passengers and cargo
-Used ambulances
-Cargo trucks under 5 tons.
16.Some types of steel according to the following specifications
-Round smooth construction steel bars from 6mm to 40mm
-Round ribbed construction steel bars (spiral, wavy, grooved, twisted) from 10mm to 40mm
-Equal angle steel (V), unequal angle steel (L) from 20mm to 100mm
-Various C (U), I, H shaped steel sections under 120mm
-Welded steel pipes: black, galvanized from 14mm to 115mm
-Cast iron pipes
-Flat galvanized steel sheets, thickness from 0.25mm to 0.55mm, length up to 3,500mm, corrugated galvanized steel sheets, corrugated colored steel sheets.
-Common steel wires: black soft, black hard, galvanized wire, barbed wire, and B40 mesh.
17.All types of paper:
-Newspaper printing paper;
-Writing and ordinary printing paper (unprocessed surface) with weight from 50g/m²
to 80g/m²2-Various flat cardboard (for packaging) with burst resistance from 3kgf/cm²2;
and compression resistance from 14kgf/cm².2 18.White glass from 1.5mm to 7mm: 300,000m²
(This glass will be imported by the General Company of Glass and Ceramic Construction Materials under the direction of the Ministry of Construction to meet domestic demand and supply to domestic mirror and reflective glass production facilities at reasonable prices).2 (This window the Ministry of Construction directs the Vietnam Glass and Ceramic Construction Corporation to import to balance supply adequately for consumption needs and provide to domestic mirror and reflective glass production facilities at reasonable prices).
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