Joint Circular No. 14/2005/TTLT-BTM-BTNMT guiding the management of import, export, temporary import for re-export of substances that deplete the ozone layer in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer

JOINT CIRCULAR

Guidelines for managing imports, exports, temporary imports - re-exports of ozone-depleting substances

as stipulated in the Montreal Protocol on Substances that Deplete the Ozone Layer

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Pursuant to Ordinance No. 07/1998/PL-UBTVQH10 dated August 20, 1998 of the Standing Committee of the National Assembly on the signing and implementation of international treaties;

Pursuant to the Vienna Convention on the Protection of the Ozone Layer of 1985 and the Montreal Protocol of 1987 on Substances that Deplete the Ozone Layer and its amending and supplementary documents which have been ratified and acceded to by the Socialist Republic of Vietnam;

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Government on managing exports and imports of goods during the period 2001-2005;

Pursuant to Decision No. 41/2005/QĐ-TTg dated March 2, 2005 of the Prime Minister promulgating the Import Permit Issuance Regulation;

Implementing the directive of the Prime Minister in Document No. 286/TTg-KTTH dated March 22, 2005 on managing imports and exports of ozone-depleting substances and equipment using CFCs,

The Ministry of Trade and the Ministry of Natural Resources and Environment jointly issue guidelines for managing imports, exports, temporary imports - re-exports of ozone-depleting substances as stipulated in the Montreal Protocol on Substances that Deplete the Ozone Layer as follows:

I. SCOPE OF REGULATION AND PRINCIPLES FOR MANAGING IMPORTS, EXPORTS, TEMPORARY IMPORTS - RE-EXPORTS OF OZONE-DEPLETING SUBSTANCES

1. This Circular guides the procedures and formalities for issuing import permits and registering for activities of importing, exporting, and temporarily importing - re-exporting ozone-depleting substances under the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Protocol), applicable to all enterprises participating in any of these activities within the territory of Vietnam.

2. Ozone-depleting substances managed under this Circular are those listed in Appendix 1 of this Circular (substances in Appendices A and B of the Protocol for which Vietnam must issue permits and quotas for importation until 2010) and those listed in Appendix 2 of this Circular (substances in Appendix C of the Protocol for which Vietnam does not yet need to issue import permits until 2015).

3. Management of imports, exports, temporary imports - re-exports of ozone-depleting substances shall be carried out according to the following principles:

a) Enterprises importing, exporting, or temporarily importing - re-exporting ozone-depleting substances must register with the Ministry of Natural Resources and Environment and be confirmed by the Ministry of Natural Resources and Environment that they have registered;

b) Imports of substances listed in Appendix 1 shall be conducted based on import permits issued by the Ministry of Trade;

c) Imports of substances listed in Appendix 1 in recycled form and substances listed in Appendix 2; exports and temporary imports - re-exports of substances listed in Appendix 1 and Appendix 2 shall be processed at Customs Authorities based on the registration of the enterprise with confirmation from the Ministry of Natural Resources and Environment.

II. QUOTAS FOR IMPORTING SUBSTANCES LISTED IN APPENDIX 1

1. The Ministry of Trade will allocate quotas for importing substances listed in Appendix 1 of this Circular according to Vietnam's phase-out obligations under the Protocol until 2010. The total annual quotas for each group of substances up to 2010 are as follows:

2. Substances listed in Appendix 1 will not be counted against the quota when in recycled form, exported, or temporarily imported - re-exported.

3. Quotas for importing substances listed in Appendix 1 of this Circular will only be allocated to enterprises that have engaged in importing such substances in the three years prior to the effective date of this Circular.

4. Enterprises that import substances under quotas but subsequently export them (either directly or through agents), if they can provide proof and have a need to import again, will be granted additional quotas not exceeding the amount exported.

5. Import quotas for substances listed in Appendix 1 may not be transferred. Substances allocated quotas must be imported into Vietnam before December 31 of the year in which the permit was issued. After this date, the quantity imported will be counted towards the quota of the following year.

III. PROCEDURES FOR REGISTRATION AND ISSUANCE OF IMPORT PERMITS, EXPORT PERMITS, TEMPORARY IMPORT - RE-EXPORT PERMITS FOR OZONE-DEPLETING SUBSTANCES

1. Procedures for registering imports, exports, and temporary imports - re-exports of ozone-depleting substances with the Ministry of Natural Resources and Environment

a) Enterprises registering imports of substances listed in Appendix 1 shall submit the following documents to the Ministry of Natural Resources and Environment:

- Three copies of the import registration form according to the model in Appendix 3 of this Circular;

- A copy of the Business Registration Certificate with appropriate business activities;

- A copy of the Export-Import Code Registration Certificate issued by the Provincial or City Customs Department;

- A copy of at least one Customs Declaration Form for the import of one of the substances listed in Appendix 1 within the three years prior to the effective date of this Circular for enterprises registering imports of substances listed in Appendix 1.

Copies must be certified by the General Director of the enterprise and the enterprise is responsible for the content of the certification.

b) Enterprises registering imports of substances listed in Appendix 2 and Appendix 1 in recycled form, exports, and temporary imports - re-exports of substances listed in Appendix 1 and Appendix 2 shall submit the following documents to the Ministry of Natural Resources and Environment:

- Three copies of the registration form according to the model in Appendix 4 of this Circular;

- A copy of the Business Registration Certificate with appropriate business activities;

- A copy of the Export-Import Code Registration Certificate issued by the Provincial or City Customs Department;

- Proof that the substance is recycled for substances listed in Appendix 1 in recycled form.

Copies must be certified by the General Director of the enterprise and the enterprise is responsible for the content of the certification.

c) The Ministry of Natural Resources and Environment, upon receiving the registration documents from the enterprise, shall confirm the registration form within three working days and return two copies to the enterprise while retaining one copy.

2. Procedures for issuing import permits for substances listed in Appendix 1 at the Ministry of Trade.

a) Enterprises importing substances listed in Appendix 1 shall submit their import registrations, confirmed by the Ministry of Natural Resources and Environment according to the model in Appendix 3 of this Circular, to the Ministry of Trade for issuance of permits.

b) The Ministry of Trade, upon receiving the enterprise's registration, shall issue import permits to the enterprise according to the model in Appendix 5 of this Circular within five working days.

3. Documents for imports, exports, and temporary imports - re-exports shall be presented to the Customs Authority.

a) Documents for importing substances listed in Appendix 1 (excluding recycled forms):

- Import permit issued by the Ministry of Trade;

- Other documents as prescribed by customs regulations.

b) Documents for importing substances listed in Appendix 1 in recycled form, and substances listed in Appendix 2; documents for exporting, temporary importation for re-export of substances listed in Appendix 1 and Appendix 2:

- Business registration confirmed by the Ministry of Natural Resources and Environment according to the form at Appendix 4 of this Circular;

- Other documents as prescribed by customs regulations.

IV. EFFECTIVE DATE OF IMPLEMENTATION

1 This Circular takes effect fifteen days after its publication in the Official Gazette.

2 During implementation, if there are any difficulties, businesses are requested to report them to the Ministry of Trade and the Ministry of Natural Resources and Environment for consideration and resolution./.