Circular No. 07/TM-XNK guiding the implementation of commodity policies and the management of import and export activities in 1995, including quota management, indicative planning, management of imported consumer goods, second-hand goods, and administrative reform. This Circular applies to import and export enterprises.
适用范围
Import and export enterprises
要点
- Enterprises are subject to quota management for textile and garment exports to the EU, Canada, and Norway; no quotas are required for other markets.
- Export and import items under indicative planning include rice, gasoline, common steel, cement, fertilizers, sugar, passenger cars with fewer than 12 seats, and two-wheeled motorcycles. Enterprises must comply with specific guiding documents.
- Enterprises importing consumer goods shall not exceed 20% of the export turnover in 1995, and must have appropriate import scope and focus on their specialty.
- Enterprises importing second-hand equipment must bear responsibility for effectiveness, possess relevant business licenses, and obtain approval from the competent authority.
- Administrative procedures are reformed, abolishing the issuance of batch 2 permits.
🌐 本文件的社会影响
- Creating favorable conditions for enterprises exporting textiles and garments to the EU, Canada, and Norway; limiting exports to other markets.
- Reducing administrative burdens on enterprises through the abolition of batch 2 permit issuance.
- Equitably allocating resources for the import of consumer goods among enterprises, protecting domestic production.
❓ 常见问题
Which commodities are subject to quota management?
Textile and garment products are subject to quota management only when exported to the EU, Canada, and Norway.
What conditions must enterprises importing consumer goods comply with?
Enterprises must have appropriate import scope and focus on their specialty to participate in the import of consumer goods.
What is the procedure for importing second-hand equipment?
Enterprises must bear responsibility for effectiveness, possess relevant business licenses, and obtain approval from the competent authority.
What percentage of export turnover cannot be exceeded for the import of consumer goods?
The import of consumer goods shall not exceed 20% of the export turnover in 1995.
Which administrative procedures are abolished?
Abolishing the issuance of batch 2 permits in import and export management.
全文
CIRCULAR
OF THE MINISTRY OF TRADE
Guidelines for implementing policies
on goods and managing import and export activities in 1995
On December 10, 1994, the Prime Minister issued Decision No. 752/TTg and other legal documents stipulating the goods policy and management mechanism for import and export activities in 1995. In accordance with this Decision, the Ministry of Commerce has issued several guiding documents to promptly meet the needs of enterprises and create a legal basis for business management from the beginning of 1995.
Now, the Ministry of Commerce issues this Circular to guide all issues related to the implementation of the goods policy and management of import and export activities in 1995, including the documents the Ministry has guided since December 10, 1994, as well as those issued before December 10, 1994 that remain consistent with Decision No. 752/TTg to implement Decision No. 752/TTg of the Prime Minister, as follows:
I. Regarding the Management of Export Goods According to Lists:
1. List of goods prohibited from export and import: implemented according to Decision No. 96/TM-XNK dated February 14, 1995 and Circular No. 3229/TM-XNK dated March 14, 1995 of the Minister of Commerce.
2. Goods managed by quota: in 1995, quota management will only be applied to one product, which is textile and garment exports under the Agreement Vietnam signed with the EU, Canada, and Norway. The management mechanism is implemented according to the joint announcement of the Ministry of Commerce and the Light Industry Ministry No. 14/TB-LB dated November 15, 1994.
Textile and garment exports to other markets (outside the EU, Canada, and Norway) are encouraged and do not require quotas.
3. Goods managed by indicative plans: in 1995, compared to 1994, imports decreased from three to one product, which is rice; imports decreased from fifteen to seven products, namely gasoline, diesel oil, steel, cement, fertilizers, sugar, cars under twelve seats, two-wheeled motorcycles.
The export of one product and import of seven products according to the above indicative plan shall be implemented according to the following documents:
3. 1. Rice: According to the joint Circular of the Ministry of Commerce and the Ministry of Agriculture and Food Industry No. 02/TTLB-NN-TM dated February 6, 1995.
3. 2. Gasoline and diesel oil (excluding lubricating oil): According to the document of the Ministry of Commerce No. 16007/TM-KH dated December 30, 1994.
3. 3. Common steel: According to the document of the State Planning Commission No. 603/UB-TMDV dated February 28, 1995 and the document of the Heavy Industry Ministry No. 452/KH dated March 8, 1995, the Ministry of Commerce assigns the Vietnam Steel Corporation under the Heavy Industry Ministry to import 70% of the total amount, while the remaining 30% is assigned to eighteen enterprises for import.
3. 4. Cement: According to the joint document of the Ministry of Commerce and Construction No. 1971/LB/TM-XD dated February 28, 1995.
3. 5. Fertilizers: According to the joint Circular of the Ministry of Commerce and the Ministry of Agriculture and Food Industry No. 04/TTLB/NN-TM dated February 10, 1995.
3. 6. Sugar: All raw sugar is allocated to sugar refining factories for import. Refined sugar is allocated to central and local enterprises for import to ensure market demand in each region.
3. 7. Cars under twelve seats according to the document of the Ministry of Commerce No. 2404/TM-XNK dated February 28, 1995.
3. 8. Two-wheeled motorcycles according to the document of the Ministry of Commerce No. 2532/TM-XNK dated March 1, 1995. CKD motorcycle parts according to the document of the Ministry of Commerce No. 2403/TM-XNK dated February 28, 1995.
Following the instructions of the Prime Minister in Decision No. 752/TTg dated December 10, 1994 and documents No. 294/KTTH dated January 19, 1995, No. 666/KTTH dated February 14, 1995, the Ministry of Commerce has coordinated with relevant ministries to allocate all quantities of these products at the beginning of the year to allow enterprises to actively operate throughout the year.
4. Goods managed according to guidelines of specialized management agencies: in 1995, the groups of goods and responsible agencies remain the same as in 1994.
Enterprises exporting and importing these goods must submit orders to the specialized management agency for approval in writing.
The Ministry of Commerce will continue to work with specialized management agencies to clearly define specific goods within the eleven groups that require opinions from specialized management agencies.
5. Some Other Goods:
5. 1. The export of wood products in 1995 continues to be implemented according to Decision No. 624/TTg dated December 29, 1993 of the Prime Minister and the guidance document of the Forestry Department No. 595/KH-XNK dated March 24, 1994.
5. 2. The export of coffee is carried out according to the announcement No. 16076/TM-XNK dated December 31, 1994 of the Ministry of Commerce.
5. 3. The import of breast milk substitutes is conducted according to Joint Circular No. 18/TT-LB dated November 3, 1994 of the Health Ministry, Ministry of Commerce, Ministry of Culture and Information, and the National Committee for Child Protection and Care.
II. Regarding the Management of Import of Consumer Goods:
As directed by the Prime Minister, the Ministry of Commerce is responsible for managing the import of consumer goods not exceeding 20% of the export turnover in 1995.
Consumer goods imported under this Circular refer to goods directly and substantially meeting daily life needs for food, drink, clothing, transportation, education, entertainment, and other living activities; excluding raw materials, fuels, components imported for production of consumer goods and other goods serving human work and health needs. Enterprises must start from the perspective of protecting domestic production and using foreign currency effectively, not importing non-essential goods or those already produced domestically.
To ensure that the total value of imported consumer goods does not exceed 20% of the export turnover and to handle fairly between enterprises with different conditions and circumstances, the import of consumer goods is regulated as follows:
a) Only enterprises with import scope suitable for consumer goods (listed in their Business License for Import and Export) may participate in importing consumer goods.
b) Enterprises exporting and importing high-value, high-profit, and specialized goods such as rice, coal, crude oil, gasoline should focus on operating in their respective specialized fields and not participate in importing consumer goods.
From now on, enterprises importing consumer goods no longer need to request the Ministry of Trade for permission for each shipment but must submit their import plans to the Ministry of Trade twice a year in May and October (according to the attached form). After the Ministry of Trade approves the plan, the enterprise may proceed with imports. Import procedures for consumer goods: pending new regulations abolishing the batch permit, current regulations will still be followed.
III. On management of imported used goods:
1- The Ministry of Science, Technology, and Environment shall promulgate regulations on the importation of used equipment upon assignment by the Government.
Pending the issuance of standards for the importation of various types of used equipment (production lines, machinery, devices, cargo transportation vehicles, cars, construction service machines, bridges, roads...) by the Ministry of Science, Technology, and Environment, the following temporary provisions apply:
Enterprises wishing to import such items must:
- Bear full responsibility for effectiveness.
- Hold a business license for the relevant import sector. - Obtain approval from the competent authority at the ministry level (for central enterprises) or provincial People's Committee (for local enterprises and non-state-owned enterprises operating within the province).
Once these conditions are met, enterprises shall handle import procedures at the Permit Office of the Ministry of Trade, not at the Ministry of Trade itself.
The importation of complete used equipment and individual used equipment with a unit price of 100,000 USD or more must be appraised by the General Department of Standardization, Metrology, and Quality Control according to Decision No. 171/TĐC/THKH dated May 6, 1994, before handling customs import procedures.
2- The importation of complete equipment and individual equipment using state budget funds shall be carried out in accordance with Decision No. 91/TTg dated November 13, 1992, of the Prime Minister and Circular No. 04/TM-ĐT dated July 30, 1993, of the Ministry of Trade.
IV. Administrative Reform in Export and Import Management:
The Ministry of Trade will first implement administrative reform by abolishing batch permits. The first batch permit abolition was implemented from July 1, 1994, and the second batch permit abolition will continue. This will be detailed in a separate circular.
V. Implementation:
The Ministry of Trade requests all ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, and central bodies of mass organizations to inform enterprises under their management about this implementation.
This circular takes effect from April 1, 1995, and revokes Circulars No. 04/TM-XNK dated April 4, 1994, No. 06/TM-XNK dated May 16, 1994, and other documents amending Circular No. 06/TM-XNK of the Ministry of Trade.
........(1)......
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------------------------------------- …(2)…, day... month... year
199...
To: Ministry of Trade
(Regarding import of consumer goods
pursuant to Circular No. 07/TM-XNK dated March 15, 1995)
------------
Enterprise name: (Vietnamese name and abbreviation)
Competent authority:…(4)…
Business license for export and import No. …/GP issued on…month...
of the Minister of Labor, Invalids, and Social Affairs;
Scope of import as stated in the business license for export and import…
Address for transactions…
Telephone number…
Export turnover in 1994 (excluding value of consigned exports for other enterprises).
I/- Imported from January 1, 1995 to April 30, 1995:
Item Quantity Value (USD)
1).........................................................(5).......
2)...................................................................
II/- Demand for import from May 1, 1995 to May 31, 1995
Item Quantity Value (USD)
1) ........................................................(6)......
2)..................................................................
Instructions:
(1) (4); Competent authority at the ministry level, provincial People's Committee.
(2): Head office location.
(3): Batch I (May), Batch II (October).
(5) (6): Record value - Total value of (5) + (6) does not exceed 20% of the export turnover achieved in 1994.
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