Decision No. 1343-TM/PC Issuing the Regulation on Inspection of Export and Import Goods

 

Pursuant to …;

ISSUING THE REGULATIONS ON INSPECTION OF EXPORT AND IMPORT GOODS

THE MINISTER OF TRADE

Pursuant to Decree No. 95-CP dated December 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 33-CP dated April 19, 1994 of the Government on state management over exports and imports;

At the proposal of the Director of the Import-Export Department,

DECISION:

Article 1. NOW, WE ISSUE HERETOGETHER WITH THIS DECISION the Regulations on Inspection of Export and Import Goods.

Article 2. These Regulations shall take effect from the date of signing; all previous regulations contrary to these Regulations shall be abolished.

Article 3. Trading enterprises engaged in export and import and organizations inspecting export and import goods shall be responsible for implementing these Regulations.

Article 4. The Heads of the Departments of Export and Import, Legal Affairs, and Investment shall be responsible for guiding and organizing the implementation of these Regulations. 

 

REGULATIONS

INSPECTION OF EXPORT AND IMPORT GOODS

(Issued together with Decision No. 1343-TM/PC dated November 7, 1994 of the Ministry of Trade)

These Regulations stipulate the inspection of export and import goods to protect the interests of the State and consumers; enhance the effectiveness of exports and imports; safeguard the legitimate rights of export and import trading enterprises in accordance with Vietnamese law and international trade practices. GENERAL PROVISIONS All goods listed in Category I for export and goods listed in Category II for import under these Regulations must be inspected. For goods that suffer damage during export or import, Article 14 of Decree No. 54-CP dated August 28, 1993 of the Government detailing the implementation of the Law on Export Duties and Import Duties shall apply. Article 2.

Chapter 1:

For other types of goods for export or import, if deemed necessary, the buyer and/or seller may request inspection.

Article 1.The inspection referred to in these Regulations means: 3.1. The examination of export and import goods through technical methods to determine their actual condition. 3.2. Inspection of export and import goods includes the following aspects: - Quality, specifications, quantity, weight, packaging, packing, hygiene and safety, value.

- Inspection during receipt, transportation, and storage of goods.- Inspection of the production process and each stage of production of goods when required. - Other forms of inspection related to export and import goods when required.

Article 3.For goods listed in Article 1, mandatory inspection covers quality, specifications, quantity, and weight. Other aspects of inspection are requested by the parties. The basis for inspection includes mandatory Vietnamese standards, international standards, and provisions agreed upon in the contract.

For imported spare parts and complete equipment (except those imported using state budget funds pursuant to Decision No. 91-TTG dated November 13, 1992 of the Prime Minister), whether new or used, must also undergo mandatory valuation assessment. This assessment is based on the average price of the goods at the export market at the time of assessment. The inspection of export and import goods under these Regulations shall be carried out by independent and impartial organizations in Vietnam authorized by the Ministry of Trade to operate in this field and foreign inspection organizations operating in Vietnam according to the principle set forth in Article 10 of these Regulations.

6.1. Inspection shall be conducted at the port of departure for goods exported from Vietnam and at the port of arrival for goods imported into Vietnam.

6.2. Depending on the nature of the goods and the complexity of the inspection, importing enterprises may agree to conduct inspection at the exporting country before delivery for specific consignments to protect their interests. In such cases, if the goods belong to Category II, the inspection must be carried out by Vietnamese inspection organizations or independently or in cooperation with foreign counterparts. If the goods do not belong to Category II, the buyers and sellers may agree to select appropriate inspection organizations.

6.3. Valuation assessment for machinery, equipment, and spare parts shall be conducted immediately after the importing enterprise signs a contract abroad and is one of the conditions for obtaining an import permit for the consignment. RESPONSIBILITIES OF ORGANIZATIONS REQUESTING INSPECTION OF EXPORT AND IMPORT GOODS

The buyer and/or seller of export and import goods, hereinafter referred to as the organization requesting inspection, shall have the following responsibilities: 7.1. For goods listed in Categories I and II and goods requested for inspection by the parties, the parties must include inspection clauses in the foreign trade contract.

7.2. Request the inspection organization to conduct inspection promptly in accordance with the provisions of the foreign trade contract. 7.3. Present the certificate of inspection for the consignment of exported goods and the certificate or application for inspection for imported goods to the customs authority at the border gate for clearance procedures. Present the valuation assessment certificate to the Permit Offices to obtain the import permit for machinery, equipment, and spare parts.

Article 4.7.4. The buyers and sellers of export and import goods have the right to choose one of the inspection organizations authorized by the Ministry of Trade to conduct inspection for themselves. 7.5. Provide complete, accurate, and timely necessary documents to the inspection organization when requested. 7.6. Pay the inspection fee. 7.7. Have the right to request re-inspection if they doubt the results of the inspection and pay additional inspection fees if the results of the re-inspection still match the initial inspection results. 7.8. In case the inspection results of export and import goods do not comply with the provisions of the foreign trade contract, the party suffering loss in Vietnam must lodge a complaint promptly to protect its interests.

If the organization requesting inspection is a court or an insurance company, the inspection shall be conducted according to separate regulations. RESPONSIBILITIES OF ORGANIZATIONS INSPECTING EXPORT AND IMPORT GOODS For Vietnamese inspection organizations: 9.1. Inspection activities must adhere to the principles of independence, impartiality, timeliness, and accuracy based on the use of professional and technical methods for inspection and must truthfully reflect the inspection results.

Article 5.The appraisal of import and export goods under this Regulation shall be carried out by independent and neutral appraisal organizations in Vietnam permitted to operate in this field by the Ministry of Trade and foreign appraisal organizations operating on Vietnamese territory in accordance with the principle stipulated in Article 10 of this Regulation. This regulation shall be carried out by independent and impartial appraisal organizations in Vietnam that have been permitted to operate in this field by the Ministry of Commerce, and foreign appraisal organizations operating on Vietnamese territory according to the principle stipulated in Article 10 of this Regulation. from Vietnam and at the port of arrival for goods imported into Vietnam In the inspection process, import enterprises may agree to conduct an appraisal in the exporting country before delivery for

Article 6.

6.1. Appraisal shall be conducted at the departure terminal for exported goods from Vietnam and at the arrival terminal for imported goods into Vietnam. In this case, if the goods fall under Category II,

6.2. Depending on the nature of the goods and the complexity of the inspection, importing enterprises may agree to conduct appraisal in the exporting country before delivery for each specific consignment to protect their interests. the appraisal must be conducted by an appraisal organization of Vietnam or an independent organization or jointly with a foreign colleague. In such cases, if the goods belong to Category II, the appraisal must be conducted by an appraisal organization of Vietnam or independently or in collaboration with foreign counterparts. If the goods do not belong to Category II, the parties may agree to select an appropriate appraisal organization.

If the goods do not belong to Category II, the buyer and seller may independently agree on an appropriate appraisal organization. immediately after the import enterprise signs a contract with a foreign party and is one of the conditions for issuing an import permit for the consignment. When requesting an appraisal, the parties must specify the terms. 7.2. Request the appraisal organization to conduct the appraisal promptly 7.3. Present the certificate of appraisal for the consignment for export and the certificate or application for appraisal for imported goods to the customs authority at the checkpoint for clearance procedures. Present the valuation certification for the Permit Offices to apply for an import permit for machinery, equipment, and spare parts.

6.3. The valuation verification for machinery, equipment, and spare parts shall be carried out immediately after the importing enterprise signs a contract abroad and is one of the conditions for issuing an import permit for the consignment. select one of the appraisal organizations that have been permitted to operate by the Ministry of Commerce to conduct appraisals for their import and export goods. provide the necessary information to the appraisal organization when requested. 7.7. Exercise the right to request a re-appraisal if there is suspicion about the results, provided that the results of the re-appraisal still comply with the initial appraisal.

Chapter 2:

RESPONSIBILITIES OF THE ORGANIZATION REQUESTING APPRAISAL OF IMPORT AND EXPORT GOODS

Article 7. The buyer and/or seller of import and export goods, hereinafter referred to as the organization requesting appraisal, shall have the following responsibilities:

7.1. For goods listed in Categories I and II and goods that the parties request to be appraised, the parties must specify the appraisal clause in the foreign trade contract. 7.8. In cases where the appraisal of import and export goods results in damage, the Vietnamese side must file a timely complaint to protect its rights. 7.2. Request the appraisal organization to conduct the appraisal promptly in accordance with the provisions of the foreign trade contract.

 In cases where the appraisal organization is a judicial body, 7.3. Present the certificate of appraisal for the export consignment and the certificate or application for appraisal for the import consignment to the customs authority at the port for clearance procedures. Present the valuation certification for the Import Permit Office to apply for the import permit for machinery, equipment, and spare parts.

RESPONSIBILITIES OF THE APPRAISAL ORGANIZATION 9.1. Appraisal activities must adhere to the principles of independence, impartiality, promptness, and accuracy based on the use of professional methods and techniques for appraisal and must truthfully reflect the results of the appraisal. 7. Herbal medicines and pharmaceuticals (as prescribed by the Ministry of Health). APPLICATION FOR BUSINESS REGISTRATION

7.4. The buyers and sellers of import and export goods have the right to choose one of the appraisal organizations permitted by the Ministry of Trade to conduct the appraisal of import and export goods for themselves. lựa chọn một trong số các tổ chức giám định đã được Bộ Thương mại cho phép hoạt động để tiến hành giám định hàng hoá xuất nhập khẩu cho mình.

7.5. Provide complete, accurate, and timely necessary documents to the appraisal organization when requested by it. cho tổ chức giám định khi tổ chức này yêu cầu.

7.6. Pay the appraisal fee.

7.7. Thực hiện quyền yêu cầu giám định lại nếu nghi nghờ về 7.7. Exercise the right to request a re-appraisal if they doubt the results of the appraisal and pay additional appraisal fees if the results of the re-appraisal still conform to the initial appraisal results. quả giám định lại vẫn phù hợp với kết quả Giám định trước.

7.8. Trường hợp giám định hàng hoá xuất nhập khẩu mà kết 7.8. In case the appraisal results of import and export goods do not comply with the provisions of the foreign trade contract, the party suffering damage in Vietnam needs to lodge a timely complaint to protect its interests. thiệt hại là phía Việt Nam cần khiếu nại kịp thời để bảo vệ quyền In the case where the organization requesting the appraisal is a judicial body or an insurance company, the appraisal will follow separate regulations.

Article 8. Trường hợp tổ chức yêu cầu Giám định là cơ quan xét xử, RESPONSIBILITIES OF THE ORGANIZATION CONDUCTING APPRAISAL OF IMPORT AND EXPORT GOODS

Chapter 3:

TRÁCH NHIỆM CỦA TỔ CHỨC GIÁM ĐỊNH For Vietnamese appraisal organizations:

Article 9.9.1. Appraisal activities must adhere to the principles of independence, neutrality, timeliness, and accuracy based on the use of professional methods and techniques for appraisal and must truthfully reflect the appraisal results.

9.1. Hoạt động giám định phải tuân thủ nguyên tắc độc lập, trung lập, kịp thời và chính xác trên cơ sở sử dụng các phương pháp nghiệp vụ và kỹ thuật để giám định và phải phản ánh trung thực kết quả giám định.

9.2. Provide appraisal and valuation certificates to the requesting organization. Appraisal and valuation certificates shall be prepared in Vietnamese or in a foreign language commonly used at the request of the requesting organization.

9.3. Report periodically on the quality, specifications, quantity, losses, and value of goods subject to appraisal. 9.4. Charge for appraisal services.

9.5. For foreign appraisal organizations: 10.1. In cases where the contract stipulates or the buyer or seller designates a foreign appraisal organization to appraise imported or exported goods within Vietnam, such foreign appraisal organization must entrust a Vietnamese appraisal organization to carry out the appraisal. Trade.

10.2. When foreign appraisers and foreign appraisal equipment enter Vietnam, the entry and exit procedures will be handled by the entrusted Vietnamese appraisal organization.

Article 10.10.3. The dispatch of foreign appraisers and the introduction of foreign appraisal equipment into Vietnam based on business cooperation or joint ventures will follow the provisions of the Law on Foreign Investment in Vietnam.

CONDITIONS AND PROCEDURES FOR OPERATING APPRAISAL OF IMPORTED AND EXPORTED GOODS

Conditions for operating the appraisal of imported and exported goods:

11.1. The business entity must be established in accordance with the law and commit to complying with current legal regulations.

Chapter 4:

11.2. Must have a competent staff capable of conducting the appraisal of imported and exported goods (the enterprise must present copies of valid professional diplomas and certificates).

Article 11.11.3. Must have appropriate facilities for the appraisal activities (equipment, laboratory). Procedures for applying to operate the appraisal of imported and exported goods:

12.1. The application package includes: - Application for operating the appraisal of imported and exported goods.

- Business plan. Copies of establishment permit and business registration certificate.

- If currently applying for establishment, submit the establishment application package. General regulations on procedures and processes for appraisal.

Article 12.12.2. Review period: The Ministry of Commerce has thirty days from the date of receipt of a complete and valid application to consider granting permission to operate the appraisal of imported and exported goods.

The Ministry of Commerce establishes and chairs a Council with the participation of representatives from relevant ministries and sectors to:

13.1. Examine the capacity of organizations applying to operate the appraisal of imported and exported goods and recommend whether to grant or deny the business permit.

13.2. Periodically inspect and review organizations operating the appraisal of imported and exported goods and make recommendations for the Ministry of Commerce to take appropriate measures against organizations that no longer meet technical capabilities or violate laws during operations.

- 14.1. Export and import enterprises and organizations operating the appraisal of imported and exported goods are responsible for implementing this Regulation.

14.2. Violations of this Regulation causing damage to state assets and reputation will be dealt with as follows depending on the severity: 14.2.1. For export and import trading enterprises:

- Suspension of business for a specified period.

- Revocation of the business license for export and import. - Criminal prosecution.

Article 13.14.2.2. For organizations operating the appraisal of imported and exported goods: - Revocation of the business license for export and import.

- Compensation for material damages caused according to international practice. LIST OF EXPORT GOODS SUBJECT TO APPRAISAL

(Annexed to the Regulation on Appraisal of Imported and Exported Goods) Name of goods: (*) 1. Crude oil 2. Rice - Rubber - Coffee - Peanuts - Tea 3. Coal

Chapter 5:

IMPLEMENTING PROVISIONS

Article 14.

4. Fresh and processed food (including seafood) 5. Textiles and garments exported outside the EU

6. Cassava chips. IMPORTED GOODS SUBJECT TO APPRAISAL

3. Electronic and electrical goods

- Warning

4. Food and beverages

- T5. Machinery, spare parts, and complete equipment

6. Steel

7. Medicinal herbs and pharmaceuticals (as prescribed by the Ministry of Health).

- Warning

4. Food and beverages

(*) This list may change periodically according to the requirements of the State management agency.

...day...month...year 1994

6. Steel

 

 

APPLICATION FOR BUSINESS LICENSE

FOR APPRAISAL OF IMPORTED AND EXPORTED GOODS
: Ministry of Commerce

1. Name of unit:

Trading name:

Abbreviation:

Representative, position, address:

2. Main office located at:

3. Branches:

4. Bank account number...Bank...

APPLICATION FOR BUSINESS LICENSE

5. Establishment permit number:...date...of...
: Ministry of Commerce

1. Name of unit:

2. Fertilizers

3. Various types of construction steel

6. After reviewing and preparing all conditions for operating the appraisal of imported and exported goods, we hereby apply for permission to operate the appraisal of imported and exported goods under the Regulation on Appraisal of Imported and Exported Goods issued together with Decision No...TM/PC dated...month...year 199...of the Ministry of Commerce.

CONFIRMATION BY THE HEAD OF THE UNIT

SUPERVISING MINISTRY OR PROVINCE SIGN NAME

6. Steel

7. Dược liệu và dược phẩm (theo qui định của Bộ y tế).

--------------

7. Medicinal materials and pharmaceuticals (as prescribed by the Ministry of Health).

 

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

--------------------------------

(*) This list may change periodically according to the requirements of state management agencies.

ĐƠN XIN KINH DOANH

APPLICATION FOR BUSINESS LICENSE

Unit: Equivalent USDFOR APPRAISAL OF IMPORT AND EXPORT GOODS

: Ministry of Trade

1. Name of unit:

Foreign trading name:

Abbreviated name:

Representative, position, address:

Telephone:

Telex:

Fax:

2. Main office located at:

Telephone:

Telex:

Fax:

 

3. Branches:

4. Bank account number: ...

5. Establishment license number: ... dated ... issued by ...

 

6. After reviewing and preparing all the necessary conditions for conducting business in the appraisal of import and export goods, we hereby submit this application for permission to engage in the business of appraising import and export goods in accordance with the Appraisal Regulation for Import and Export Goods issued together with Decision No. ... TM/PC dated ... month ... year 199... of the Ministry of Trade.

CONFIRMATION BY THE HEAD OF THE MANAGING AUTHORITY SIGNATURE