Circular No. 18/2014/TT-BTTTT detailing the implementation of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government on the issuance of import permits for radio transmitting and receiving-transmitting equipment.

CIRCULAR

Detailed regulations on implementing Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government regarding the issuance of import permits for radio transmitting and receiving equipment.

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Telecommunications Law;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade concerning international trade activities and foreign agency buying, selling, processing, and transiting goods;

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Pursuant to the Law on Telecommunications dated November 23, 2009;

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

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

The Minister of Information and Communications hereby issues this Circular detailing the implementation of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government regarding the issuance of import permits for radio transmitting and receiving equipment.

Article 1. This Circular specifies conditions, procedures, and formalities for issuing and reissuing import permits, cases exempted from obtaining import permits, and specific item lists according to HS codes for VIBA equipment; radio transmitting and receiving equipment with frequency bands ranging from 9 kHz to 400 GHz and power output of 60 mW or more (hereinafter referred to collectively as radio transmitting and receiving equipment) under the specialized management of the Ministry of Information and Communications.

At the proposal of the Director of the Telecommunications Administration,

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 3. Radio transmitting and receiving equipment that serves as movable property and personal goods for diplomatic personnel and personal luggage in accordance with the law shall be implemented in accordance with separate government and prime ministerial regulations.

Article 4. Temporary importation and re-exportation of radio transmitting and receiving equipment shall be carried out in accordance with Decree No. 187/2013/NĐ-CP dated November 20, 2013 and guidelines issued by the Ministry of Industry and Trade.

Article 5. Radio transmitting and receiving equipment must have an import permit.

Clause 1. The list of radio transmitting and receiving equipment requiring an import permit is set forth in Appendix I of this Circular and only applies to such equipment where both the HS code and product description match those in the list.

Clause 2. Radio transmitting and receiving equipment requiring an import permit must be complete units with technical specifications and descriptions matching the technical criteria and design structure, capable of independent operation; this does not apply to components or accessories of such equipment and does not include equipment solely for receiving radio waves.

Article 6. Cases Exempted from Obtaining Import Permits

Radio transmitting and receiving equipment listed in Clause 1 of this Circular may be exempted from obtaining import permits in the following cases:

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).

Such radio transmitting and receiving equipment may be exempted from obtaining import permits but must obtain a frequency usage permit from the Radio Frequency Management Department in accordance with current regulations when in use.

Clause 2. Land-based mobile phones (satellite mobile phones are not exempted from obtaining import permits) sent together or separately with travelers or imported through postal services and international courier services for personal use; land-based mobile phones temporarily exported and re-imported for warranty service, repair, or replacement within the warranty period as stipulated in the import contract.

Radio transceivers specified in this Clause are exempt from import permits but must be authorized by the Radio Frequency Management Department for frequency usage in accordance with current regulations.

2. Land mobile phones (excluding satellite mobile phones) carried on the same flight or different flights by incoming travelers or imported through postal services and international courier services for personal use; land mobile phones temporarily exported and re-imported for warranty, repair, and replacement purposes, provided they remain within the warranty period as stipulated in the import contract.

Article 4. Effectiveness of Import Permit

The import permit shall be used for importing the specific consignment stated on the permit, and it remains valid until the consignment is fully cleared, not exceeding the quantity recorded in the import permit and within the validity period of the conformity certificate or the commercial contract.

Article 5. Fees for Issuing and Reissuing Import Permits

The importer is obligated to pay the fees for issuing or reissuing the import permit in accordance with current laws.

Chapter II

PROCEDURES FOR ISSUING IMPORT PERMITS FOR RADIO FREQUENCY TRANSMITTER AND RECEIVER EQUIPMENT

Article 6. Conditions for Importing

Imported radio frequency transmitter and receiver equipment must meet the following conditions:

1. Comply with technical standards and regulations issued or compulsorily applied by the Ministry of Information and Communications; suitable for the installation location of the equipment and telecommunications management regulations.

2. Comply with radio frequency planning, regulations on the use of radio frequencies, and the purpose of importation.

Equipment that does not meet these conditions or imported for special purposes shall be handled according to the guidelines of the Ministry of Information and Communications for each specific case.

Article 7. Authority Issuing Import Permits

The Telecommunications Department under the Ministry of Information and Communications is the authority issuing import permits for radio frequency transmitter and receiver equipment.

Article 8. Procedures for Issuing Import Permits

1. The application dossier for issuing an import permit shall consist of one (01) set, including:

a. An application form for issuing an import permit according to Model 01 Appendix II attached to this Circular;

b. Documents proving legal entity status (business registration certificate, establishment decision/permit, investment certificate/investment permit), identification card/passport: certified copy, if submitting an uncertified copy, the original must be brought along for verification at the time of submission;

c. Conformity certificate: certified copy confirmed by the importer;

d. Technical documentation of the equipment: certified copy confirmed by the importer;

e. Commercial invoice showing the name, code, and quantity of imported radio frequency transmitter and receiver equipment: certified copy, if submitting an uncertified copy, the original must be brought along for verification at the time of submission;

f. Commercial contract or shipping documents showing the name, code, and quantity of imported radio frequency transmitter and receiver equipment: certified copy, if submitting an uncertified copy, the original must be brought along for verification at the time of submission.

2. Address for receiving applications:

Application dossiers for issuing import permits can be sent through postal service or submitted directly to the Telecommunications Department. The address, telephone number, and fax number of the Telecommunications Department are published on the website: www.vnta.gov.vn.

The result of processing the application for issuing an import permit will be delivered at the place where the application was received or through postal service.

3. Procedure and Time Limit for Issuing Import Permits:

a. Procedure for Issuing Import Permits:

Upon receipt of the application at the Telecommunications Department or within three (03) working days from the date the Telecommunications Department receives the application through postal service, the Telecommunications Department will check the application for issuing an import permit by the importer, notify requirements for modification and supplementation of the application (in cases where the application for issuing an import permit does not comply with Clause 1 of this Article). Within five (05) working days from the date the Telecommunications Department sends the notification requiring modification and supplementation of the application, if the importer does not implement the requirements for modification and supplementation, the Telecommunications Department will issue a notification refusing to issue the import permit.

b. Time Limit for Issuing Import Permits:

Within seven (07) working days from the date the Telecommunications Department receives the complete application, the Telecommunications Department will examine and issue the import permit according to the Model of Import Permit attached as Appendix III to this Circular. In cases where the issuance of the import permit is refused, the Telecommunications Department will notify the importer in writing, specifying the reasons for refusal.

Article 9. Reissuing Import Permits

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

a) The import permit has been lost or damaged but remains valid and the consignment for which the permit was issued has not yet been fully cleared;

b) The validity period of the conformity certificate has expired;

c) There has been a change to the conformity certificate;

d) There has been a change in the content regarding the quantity of radio transmitting and receiving equipment imported; the purpose of importation; the seller of goods to the importer on the import permit.

2. Procedures for reissuing an import permit:

a) The application dossier for reissuing an import permit shall consist of one (01) set, including:

- An application form for reissuing an import permit according to Form 02 of Appendix II attached hereto;

- A copy of relevant documents related to changes in the information recorded on the import permit.

b) The application for reissuing an import permit shall be sent via postal service or submitted directly to the Telecommunications Authority. The address, telephone number, and fax number of the Telecommunications Authority are published on the website: www.vnta.gov.vn.

The result of processing the application for reissuing an import permit will be delivered at the place where the dossier was received or via postal service.

c) Time limit for reissuing an import permit: Within five (05) working days from the date the Telecommunications Authority receives a complete application for reissuing an import permit in accordance with regulations, the Telecommunications Authority shall review and reissue the import permit according to the format of the import permit in Appendix III attached hereto.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Provisions on implementation

1. This Circular takes effect from January 16, 2015.

2. Import permits for radio transmitting and receiving equipment that have been issued under Circular No. 14/2011/TT-BTTTT dated June 7, 2011, shall continue to be valid until their expiry date as stated on the permit.

3. This Circular replaces Clause 2 and Clause 3 of Article 2, Chapter I; Clause 1, Clause 3, and Clause 4 of Article 3, Chapter I; Clause 2 of Article 4, Chapter I; Section 2, Chapter II; Appendix II; Forms 04, 05, and 06 of Appendix III of Circular No. 14/2011/TT-BTTTT dated June 7, 2011 of the Ministry of Information and Communications guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government concerning goods subject to specialized management by the Ministry of Information and Communications.

4. The Director of the Office, the Director of the Telecommunications Authority, the Heads of units under the Ministry of Information and Communications, and organizations and individuals concerned are responsible for implementing this Circular.

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