Circular No. 10/TM-XNK guiding the implementation of Directive No. 01/TTg dated October 6, 1992 of the Government Prime Minister.

CIRCULAR

OF THE MINISTRY OF TRADE

Guidelines for implementing the directive

number 01/TTg dated October 6, 1992 of the Prime Minister

To implement Directive No. 01/TTg dated October 6, 1992 of the Prime Minister on urgent measures to improve the management of import-export services and the circulation of goods in the domestic market, the Ministry of Commerce hereby provides guidance as follows:

I. GOODS TEMPORARILY SUSPENDED FROM IMPORT

(Point 1 of Directive No. 01/TTg)

1- Based on the directives of the Council of Ministers (now the Government) and the proposals of various ministries, the Ministry of Commerce and Tourism (now the Ministry of Commerce) issued Circular No. 6962/TMDL-XNK dated September 8, 1992, specifying goods temporarily suspended from import. Circular No. 6962/TMDL-XNK dated September 8, 1992 is consistent with the spirit of Directive No. 01/TTg dated October 6, 1992.

The following is an explanation and elaboration of each item:

1.1- Bicycles and bicycle parts:

- Temporarily suspend the import of bicycles and bicycle parts, except for sports bicycles and sports bicycle parts.

1.2- Electric fans:

- Temporarily suspend the import of complete electric fans, disassembled electric fans, and components: fan blades, protective grills, and fan housings.

1.3- Light bulbs:

- Temporarily suspend the import of round incandescent light bulbs with filament power up to 75 watts.

1.4- Complete electronic products (including semi-knocked-down kits):

Temporarily suspend the import of televisions, radios (including cassette radios), and cassette players, regardless of whether they are new or used.

1.5- Hot water bottles:

- Temporarily suspend the import of all types of hot water bottles (including bottle linings).

1.6- Ready-made clothing and knitted goods:

- Temporarily suspend the import of all types of ready-made clothing and knitted goods, regardless of whether they are new or used.

1.7- Ceramic, porcelain, and glassware:

- Temporarily suspend the import of household ceramic, porcelain, and glassware items, except for crystalware, decorative lights, and sanitary equipment.

1.8- Wearing fabrics:

- Temporarily suspend the import of all types of fabric, except high-quality fabrics (wool, leather, wool blends, velvet, silk), specialized fabrics, and fabrics imported for processing and export under approved processing contracts.

1.9- Paper:

- Temporarily suspend the import of all types of paper, except offset printing paper and specialized paper.

1.10- Cosmetics:

- Temporarily suspend the import of all types of cosmetics.

- Continue to allow the import of raw materials, auxiliary materials, and specialized packaging for cosmetic production. Special cosmetics imported for artistic groups will be considered and resolved on a case-by-case basis by the Ministry of Commerce.

1.11- Soaps:

- Temporarily suspend the import of all types of soap.

1.12- Foodstuffs:

- Temporarily suspend the import of fresh and processed foodstuffs, except infant formula, monosodium glutamate, butter, and cheese. Special alcoholic beverages and foodstuffs imported for foreign organizations in Vietnam, joint venture restaurants, hotels, and duty-free shops will be considered and resolved on a case-by-case basis by the Ministry of Commerce.

1.13- Batteries:

- Temporarily suspend the import of all types of large batteries (except specialized large batteries).

1.14- Plastic products:

- Temporarily suspend the import of all types of plastic products used for household purposes.

1.15- Pesticide sprayers:

- Temporarily suspend the import of all types of pesticide sprayers without motors.

1.16- Glass:

- Temporarily suspend the import of flat transparent glass less than 4mm thick.

1.17- ẮBatteries:

- Temporarily suspend the import of all types of batteries, except motorcycle batteries and special batteries.

Imports of goods belonging to the 17 categories mentioned above that have import permits but have not completed customs procedures by October 16, 1992 will be reviewed on a case-by-case basis by the Ministry of Commerce.

II. REGARDING OVERLAND TRANSPORT, TRANSFER EXPORTS,
LOAN ROUTES, COMMISSIONED EXPORTS, AND IMPORTS FOR FOREIGN COUNTRIES.

(Point 2 of Directive No. 01/TTg).

According to Point 2 of Directive No. 01/TTg, forms of import such as proxy imports, temporary imports for re-export, overland transport, and transfer exports can only be implemented when there is a necessary document signed by both governments and managed with appropriate measures. Currently, between Vietnam and Laos, and Vietnam and Cambodia, agreements have been reached, and the implementation is guided as follows:

1- For Laos:

Goods imported into Laos through Vietnam-Laos border gates and goods exported from Laos through Vietnamese seaports are carried out according to Circular No. 01/TTLB-TN-HQ dated January 31, 1991 of the Joint Ministry of Trade and Customs.

2- For Cambodia:

Must comply with Circular No. 10/TTLB-TN-HQ dated November 13, 1990 and Circular No. 11/TTLB-TN-HQ dated November 13, 1990 of the Joint Ministry of Trade and Customs.

Contracts related to timber have a final deadline for contract settlement of October 30, 1992.

III- GUIDANCE ON BUSINESS PROCEDURES RELATED TO THE HANDLING OF GOODS ACCORDING TO POINTS 3 AND 4 OF DIRECTIVE NO. 01/TTG.

To implement Points 3 and 4 of Directive No. 01/TTg, the Ministry of Commerce provides guidance as follows:

According to Circular No. 189/CT dated August 13, 1992 (announced to Export-Import Permit Departments on August 15, 1992), temporary imports for re-export of automobiles and motorcycles were suspended; however, temporary imports for re-export of other goods and transfer exports, overland transport, and transfer exports of all goods continued until August 31, 1992, when a directive was issued to suspend all temporary imports for re-export, proxy imports, overland transport, and transfer exports of all types of goods.

Based on this, the Ministry of Commerce provides the following guidance:

1- Goods temporarily imported for re-export and proxy imports without an export-import permit issued by the Ministry of Commerce are considered valid if the foreign contracts were registered at Export-Import Permit Departments before August 16, 1992 for automobiles and motorcycles, and before August 31, 1992 for other goods.

2- Goods subject to transfer exports (according to the temporary regulation No. 4919/TN-XNK dated August 3, 1991 of the Ministry of Trade, now the Ministry of Commerce, which does not require import procedures) that have been placed in warehouses under customs supervision and have valid contracts with foreign customers (sales contracts, purchase contracts) registered at Export-Import Permit Departments before August 31, 1992 are considered valid.

3- Goods subject to overland transport that were permitted by the Ministry of Commerce and Tourism to provide services before August 31, 1992 but had not yet received an export-import permit issued before August 31, 1992 are considered valid.

4. In cases where Vietnamese enterprises have signed service contracts for transit goods with foreign countries before August 31, 1992, and foreign customers rely on these contracts to load goods onto ships, which are en route or have arrived at Vietnamese ports under customs supervision but have not yet completed customs procedures, such goods shall be returned to the consignor.

5. Determination of ownership rights:

a) Where a contract is concluded based on international trade terms "Incoterms" with a reference year, ownership rights must be determined according to those conditions.

b) If the contract does not refer to the conditions of "Incoterms," ownership rights shall be determined based on the terms of the contract and the actual performance of the contract.

IV. EXPORT AND IMPORT ACTIVITIES
TRADE OF GOODS ACROSS THE BORDER

(Point 6 of Directive No. 01/TTg)

The exchange of goods through border crossings in forms other than temporary import for re-export, transit, transshipment, and importation on behalf of others (as specified in Points 2 of Directive No. 01/TTg and detailed in Section II above) shall continue to be conducted in accordance with current regulations of the Council of Ministers and guiding documents issued by the Ministry of Trade and Tourism.

Export and import activities of enterprises licensed by the Ministry of Trade and Tourism to engage in export and import business must comply with Vietnamese laws and international trade practices. For the Chinese market, enterprises must adhere to the Vietnam-China Trade Agreement signed on November 7, 1991, and Circular No. 11/TMDL-XNK dated December 7, 1991, issued by the Ministry of Trade and Tourism to implement this agreement; Chinese counterparties must be companies or economic entities holding export-import licenses issued by the Chinese Ministry of Economy and Foreign Trade.

The exchange of goods between residents of the Sino-Vietnamese border area must comply with Circular No. 05/TMDL-QLTT dated May 7, 1992, issued by the Ministry of Trade and Tourism to guide the implementation of Directive No. 94/CT dated March 25, 1992, of the Chairman of the Council of Ministers.

V. ORGANIZATION OF DOMESTIC MARKET CIRCULATION FOR GOODS UNDER THE "TEMPORARY SUSPENSION OF IMPORTS" CATEGORY

(Point 8 of Directive No. 01/TTg)

Provincial and municipal commerce departments shall cooperate with tax authorities to guide organizations and individuals engaged in trading goods subject to the temporary suspension of imports to declare and register with tax authorities, subject to inspection and supervision by competent market management agencies. The deadline for declaration and registration with the tax authority is fifteen days from the date this circular takes effect. After this deadline, goods under the temporary suspension of imports that have not been declared and registered or continue to be purchased for sale on the domestic market will be considered as smuggled goods and will be dealt with according to current laws.

VI. IMPLEMENTATION PROVISIONS.

1. This circular takes effect from the date of issuance.

2. Any difficulties or issues encountered during implementation should be reported to the Ministry of Trade for study and resolution./.