Circular No. 11/2001/TT-BTM guiding the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Prime Minister on management of export and import of goods during the period 2001-2005.

CIRCULAR

Guidelines for Implementing Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Prime Minister on the management of export and import of goods during the period 2001-2005

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Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries;

Pursuant to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on Export and Import Management during the Period 2001-2005;

After exchanging opinions with the Ministry of Industry, the Ministry of Construction, the General Department of Customs, and other relevant ministries and agencies,

The Ministry of Trade hereby provides specific guidelines for implementing Decision No. 46/2001/QD-TTg of the Prime Minister as follows:

1. Prohibited Export and Import Goods:

Prohibited export and import goods shall be implemented according to the list at Appendix 01A, 01B attached hereto.

2. Goods Exported and Imported under Permits Issued by the Ministry of Trade:

2.1. Goods exported and imported under permits issued by the Ministry of Trade shall be implemented according to the list at Appendix 02 attached hereto.

2.2. For goods listed in Appendix 02 attached hereto, foreign-invested enterprises and joint venture parties in cooperation contracts are permitted to import for construction purposes to form fixed assets according to the import plan approved by the Ministry of Trade.

The application for import submitted to the Ministry of Trade shall be carried out in accordance with the provisions of Section 2, Part II of Circular No. 22/2000/TT-BTM dated December 15, 2000 of the Ministry of Trade guiding the implementation of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam regarding export, import, and other commercial activities of foreign-invested enterprises.. The Ministry of Trade shall approve the import plan within the time limit specified in Point 2.3, Section 2, Part IX of Circular 22/2000/TT-BTM cited above.

2.3. For raw materials and materials listed in Appendix 02 attached hereto, domestic enterprises and foreign-invested enterprises and joint venture parties in cooperation contracts requiring imports for production of export goods or to fulfill contracts with foreign traders shall submit a written request to the Ministry of Trade for consideration and resolution.

The enterprise's request must clearly state the name and address of the importing customer or the party placing the work order, the quantity of export products, the quota of raw materials and materials per unit product, and the amount of raw materials and materials required for import. The enterprise director shall be responsible for determining the quota of raw materials and materials for production.

Within five working days from the date of receipt of the request, the Ministry of Trade shall have the responsibility to respond to the enterprise.

3. Export and Import of Wood and Wood Products:

3.1. Except for prohibited export items listed in Appendix 01A attached hereto, all types of wood and wood products are allowed to be exported and processed at customs checkpoints without the need for a permit from the Ministry of Trade.

3.2. Raw wood (roundwood, sawnwood, timber) can be imported without a permit from the Ministry of Trade, only needing to process at customs checkpoints. However, raw wood imported from Cambodia (including temporary import for re-export) shall be implemented in accordance with Circular No. 08/2000/TT-BTM dated April 12, 2000 of the Ministry of Trade.

3.3. Legally imported wood can be exported in all forms without the need for a permit from the Ministry of Trade.

3.4. Raw wood and wood products can be temporarily imported for re-export without the need for a permit from the Ministry of Trade, except for raw wood temporarily imported from Cambodia as stipulated in Point 3.2 above.

4. Export of Textiles and Garments to Markets Subject to Quota Agreements with Foreign Countries:

To suit the actual situation in each period, the Joint Ministries of Trade - Planning and Investment - Industry shall specify as follows:

4.1. The allocation of textile and garment quotas for the period 2001-2002 shall be implemented in accordance with Circular Joint No. 19/2000/TTLT/BTM/BKHĐT/BCN dated October 16, 2000 of the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry;

4.2. The tendering of textile and garment quotas in 2001 shall be implemented in accordance with the Tendering Regulations issued together with Decision No. 0035/2001/QĐ/BTM dated January 11, 2001 of the Chairman of the Tendering Council;

4.3. The awarding of textile and garment quotas in 2001 shall be implemented in accordance with Circular Joint No. 07/2001/ITLT/BTM/BKHĐT/BCN dated March 16, 2001 of the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry.

5. Export of Rice:

5.1. For markets subject to government intervention or agreements, the Ministry of Trade will designate enterprises to implement and direct transactions (including participation in tenders) with partners designated by the purchasing government agencies. In addition to the contracts and partners mentioned above, rice exporting enterprises are allowed to trade and sell rice to other partners.

5.2. Regarding the mechanism for implementing rice export contracts to certain markets agreed upon by our government with foreign governments (government contracts), it shall be implemented as provided in Point 2, Article 6 of Decision No. 46/2001/QD-TTg dated April 4, 2001.

6. Export of Fuel Oil and Fertilizer of Imported Origin:

6.1. Enterprises requiring the export of fuel oil and fertilizer of imported origin, including supplying to foreign ships, shall submit a written request to the Ministry of Trade for consideration and resolution. The enterprise director shall be responsible for ensuring that exported goods are paid for in freely convertible foreign currency.

6.2. The Ministry of Trade shall only consider approving supply plans for fuel oil from imported sources to foreign ships for enterprises with the function of operating ship supply services.

6.3. Supplying fuel oil to foreign ships through temporary import for re-export shall be implemented in accordance with the regulations issued together with Decision No. 0123/1999/QĐ-BTM dated February 4, 1999 of the Ministry of Trade.

6.4. Abolish Document No. 0110/TM-XNK dated January 15, 2001 of the Ministry of Trade on the management of fuel oil supply to foreign ships.

7. Implementation Provisions:

This Circular takes effect from May 1, 2001. Previous regulations contrary to this Circular are abolished.