Circular No. 14/2011/TT-BTTTT guiding Decree No. 12/2006/NĐ-CP dated January 23, 2006 concerning goods under the management of the Ministry of Information and Communications.

CIRCULAR

Detailed regulations on implementing Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government regarding goods under the specialized management of the Ministry of Information and Communications.

2006

Ministry of Information and Communications

Pursuant to the Law on Telecommunications No. 41/2009/QH12 dated December 4, 2009;
Pursuant to the Law on Radio Frequency No. 42/2009/QH12 dated December 4, 2009;
Pursuant to the Law on Postal Services No. 49/2010/QH12 dated June 28, 2010;
Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;
Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade concerning international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;
Pursuant to Decision No. 41/2005/QD-TTg dated March 2, 2005 of the Prime Minister promulgating the Import Permit Issuance Regulation;
BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;
At the proposal of the Director of the Quality Management Department for Information Technology and Telecommunications;

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular announces a specific list of goods according to HS codes, stipulates conditions and procedures for issuing import permits for goods under the specialized management of the Ministry of Information and Communications.

2. This Circular applies to organizations and individuals importing goods specified in Article 2 of this Circular (hereinafter referred to as importers).

Article 2. Goods requiring import permits

1. Postage stamps, stamp publications, and other stamp items (hereinafter referred to as postage stamps) are detailed in Appendix I of this Circular and do not fall within the category of postage stamps specified in Article 6 of this Circular;

Goods specified in Clause 2 and 3 of this Article (hereinafter collectively referred to as radio transmitting and receiving equipment) are complete units, not applicable to components or accessories of these goods and do not include equipment solely for receiving radio waves.

The temporary importation and re-exportation of the above goods for use in Vietnam shall be carried out in accordance with the guidance of the Ministry of Industry and Trade after reaching an agreement with the Ministry of Information and Communications; Temporary importation and re-exportation through transit or transfer shall be carried out in accordance with the guidance of the Ministry of Industry and Trade.

Other goods under the specialized management of the Ministry of Information and Communications that are not prohibited from importation and do not fall within the categories specified in Appendices I and II of this Circular may be imported without a permit from the Ministry of Information and Communications, but must comply with current regulations on conformity certification and declaration of conformity.

Goods under the specialized management of the Ministry of Information and Communications may be exported without an export permit. Exporting postal, telecommunications, and information technology products manufactured or assembled domestically is encouraged.

Clause 1. Radio transmitting and receiving equipment of: Foreign diplomatic missions, consular offices, and international organization representative offices in Vietnam; high-level foreign delegations visiting Vietnam enjoying diplomatic privileges and immunities; foreign journalists engaged in non-resident press activities in Vietnam (with press credentials issued by the Ministry of Foreign Affairs).

Goods specified in Article 2 of this Circular are exempted from import permits issued by the Ministry of Information and Communications in the following cases:

2. Postage stamps of member countries of the Universal Postal Union imported in accordance with the provisions of the Universal Postal Union Convention; A total of less than 500 types of postage stamps for a single importation and not included in the category of postage stamps specified in Article 6 of this Circular; Vietnamese postage stamps printed abroad pursuant to the decision of the Ministry of Information and Communications.

Goods specified in Clause 3 of this Article are exempted from Import Permits but must obtain a Radio Frequency Usage Permit from the Radio Frequency Management Department in accordance with current regulations when in use.

Article 4. Effectiveness of Import Permit

1. An import permit for postage stamps is valid for a single use within one year from the date of issuance and cannot be extended.

An import permit for radio transmitting and receiving equipment does not substitute for a Telecommunication Network Establishment Permit or a Radio Frequency Usage Permit.

Article 5. Fees for Issuing and Reissuing Import Permits

Importers must pay fees for issuing or reissuing import permits in accordance with the regulations of the Ministry of Finance.

Chapter II
PROCEDURES FOR ISSUING IMPORT PERMITS

Section 1

FOR POSTAL STAMPS

Article 6. Conditions for Importing

Postage stamps for importation must meet the condition of not being among the following types:

1. Counterfeit postage stamps;

2. Postage stamps containing content, images, symbols, or signs that incite ethnic, racial, religious hatred; oppose the Socialist Republic of Vietnam; or are inconsistent with social morals and customs in Vietnam;

3. Vietnamese postage stamps that have been officially withdrawn by competent authorities.

4. Foreign postal stamps with content and origin inconsistent with the announcements of the postal authorities of World Postal Union member countries and stamp collecting associations.

Article 7. Procedure for Issuing Import Permits

1. The application dossier for issuing import permits shall be established in one (01) original set comprising:

a) An application form for issuing import permits according to Model 01 in Appendix III of this Circular;

b) A copy of the business registration certificate or investment certificate in Vietnam of the organization applying for import, stamped with the organization's seal for confirmation, or identity card or passport of the individual applying for import;

c) Postal stamp sample or a copy of the postal stamp being applied for import;

2. Address for receiving applications:

The application dossier for issuing import permits may be sent through postal service or submitted directly to the authority issuing import permits:

Ministry of Information and Communications (Postal Department)

No. 18 Nguyen Du Street, Hanoi

Telephone: 0438226625 Fax: 04 38226954

3. Procedures and formalities for issuing import permits for postal stamps:

a) Organizations and individuals applying for issuance of import permits for postal stamps submit directly or send through postal service to the Ministry of Information and Communications and bear responsibility for the accuracy and truthfulness of the dossier;

b) From the date of receiving the dossier complying with the provisions of Clause 1 of this Article, the issuance of import permits for postal stamps shall be completed within seven working days;

c) The Ministry of Information and Communications sends a receipt of the dossier to the email address of the organization or individual applying for issuance of import permits for postal stamps within three working days from the date of receiving the dossier;

d) In case the dossier for issuance of import permits for postal stamps does not comply with the provisions of Clause 1 of this Article, within three working days from the date of receiving the dossier, the Ministry of Information and Communications sends a notification requesting additional or amended contents. Within five working days from the date of issuing the notification, the organization or individual must amend or supplement the dossier as required; If the dossier is not amended or supplemented as required, the Ministry of Information and Communications issues a notification refusing to issue the import permit for postal stamps within five working days from the end of the notification period.

e) In case of refusal to issue an import permit for postal stamps, within the time limit specified in point b, Clause 2 of this Article, the Ministry of Information and Communications must notify in writing and specify the reasons.

Article 8. Reissuing Import Permits

1. The importer must apply for reissuing an import permit in cases where the permit is lost, damaged, or there is a change in the information recorded on the permit.

2. Procedures for reissuing an import permit:

a) An application form for reissuing an import permit according to Model 03 in Appendix III of this Circular, accompanied by a copy of relevant documents related to changes in the information recorded on the permit (if applicable).

b) The address for receiving applications as stipulated in Clause 2, Article 7 of this Circular.

c) Time limit for resolution: Within three working days from the date the authority issuing the Import Permit receives the application, the authority issuing the permit shall provide a copy (in case of loss or damage of the permit) or reissue the import permit (in case of changes in the information recorded on the permit) to the importer.

FOR WIRELESS TRANSMITTER AND RECEIVER DEVICES

Article 9. Conditions for Importing

Imported devices for transmitting and receiving radio waves must meet the following conditions:

1. Complying with Vietnamese telecommunications technology and network standards and technical regulations on emission quality, radiation safety, and electromagnetic compatibility of wireless transmitter and receiver devices issued or compulsorily applied by the Ministry of Information and Communications; complying with the installation location of the equipment and related telecommunications management regulations;

2. Complying with the National Radio Frequency Spectrum Plan as prescribed in the Prime Minister's Decision and related radio frequency spectrum planning regulations.

Devices that do not meet the above requirements, if imported for special purposes, shall be handled according to specific guidelines provided by the Ministry of Information and Communications for each case.

Article 10. Procedures for Issuing Import Permits

1. The application dossier for issuing import permits shall be established in one (01) original set comprising:

a) Application form for import permit according to Model 04 in Appendix III;

b) Certified true copy (in case of submission via postal service) or copy with original for verification (in case of direct submission) of documents proving legal entity status (business registration certificate, establishment decision/license, investment certificate/license, identity card/passport, etc.);

c) Certified true copy of conformity certificate; Technical documentation of equipment;

d) Certified true copy of the importer's contract or shipping document showing the name, code, quantity of imported goods.

2. Address for receiving applications:

The application for an import permit may be sent via postal service or submitted directly at:

Quality Management Department of Information Technology and Telecommunications Building;

Yen Hoa Ward, Cau Giay District, Hanoi City.

Telephone: 04 37820990 – Fax: 04 37820998

3. Procedure and formalities for issuing import permits:

Upon receipt of the application at the issuing authority or within three working days from the date the issuing authority receives the application via postal service, the issuing authority shall examine the application for an import permit and issue (in case of direct submission) or send a receipt of the application to the importer’s email address and notify the need for additional or amended information (in case the application does not comply with the provisions of Clause 1 of this Article). Within five working days from the date of sending the notification requesting additional or amended information, if the importer does not fulfill the request, the issuing authority will issue a notice refusing to issue the permit.

Within seven working days from the date the issuing authority receives a complete and valid application, the issuing authority shall issue an import permit according to Model 05 in Appendix III or refuse to issue it. In case of refusal, the issuing authority shall notify the importer in writing, specifying the reasons for refusal.

Article 11. Reissuing Import Permits

1. The importer may request reissuance of an import permit in the following cases:

a) Lost or damaged permit;

b) Expired permit (related to the validity period of the conformity certificate);

c) Changes in the conformity certificate (name, code, operating frequency of goods);

d) Changes in the content recorded on the permit related to quantity and purpose of import;

2. Procedures for reissuing an import permit:

a) Application for reissuing import permit according to Model 06 in Appendix III of this Circular accompanied by certified copies of relevant documents concerning changes in the content recorded on the permit.

b) Address for receiving applications as stipulated in Clause 2, Article 10 of this Circular.

c) Time limit for processing: Within three working days from the date the issuing authority receives the application, the issuing authority shall issue a certified copy (in case a) or reissue the import permit (for cases b, c, d) to the importer.

Chapter III
IMPLEMENTING PROVISIONS

Article 12. Implementation Provisions

1. This Circular takes effect from August 1, 2011 and replaces Circular No. 02/2006/TT-BBCVT dated April 24, 2006 of the Ministry of Posts and Telecommunications guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries under the specialized management of the Ministry of Posts and Telecommunications.

2. The Head of the Office, Heads of the Postal Service Department, Director of the Quality Management Department of Information Technology and Telecommunications, Heads of relevant units under the Ministry of Information and Communications, and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are arising issues or difficulties, organizations and individuals are requested to report them to the Ministry of Information and Communications for prompt resolution./.