Circular No. 18/2014/TT-NHNN guiding the import activities of goods under the specialized management of the State Bank of Vietnam

CIRCULAR

||| Guidelines for the importation of goods under the specialized management of the State Bank of Vietnam

sector of the State Bank of Vietnam

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Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Decree No. 156/2013/NĐ-CP dated November 11, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to the Decree No. 187/2013/NĐ-CP dated November 20, 2013 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 (hereinafter referred to as Decree No. 187/2013/NĐ-CP);

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

At the proposal of the Director of the Issuance and Treasury Department,

The Governor of the State Bank of Vietnam issues this Circular guiding the import activities of goods under the specialized management of the State Bank of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular publishes the List of goods along with their HS codes under the specialized management of the State Bank of Vietnam (hereinafter referred to as the State Bank of Vietnam); guides the conditions and procedures for issuing import permits and the conditions and procedures for designating enterprises permitted to import goods under the specialized management of the State Bank of Vietnam as prescribed in Decree No. 187/2013/NĐ-CP.

Article 2. Applicability

1. The Issuance Department and Treasury, Administrative Department, Trading Center of the State Bank of Vietnam, Branches of the State Bank of Vietnam in provinces and centrally administered cities, and enterprises under the State Bank of Vietnam.

2. Credit institutions, foreign bank branches, printing and minting establishments.

3. Agencies, organizations, and traders related to the import activities of goods under the specialized management of the State Bank of Vietnam.

Article 3. Forms of Management

1. The list of goods under the specialized management of the State Bank of Vietnam is specified in Appendix I issued together with this Circular.

2. The State Bank of Vietnam implements the import management of goods under its specialized management through one of two forms: issuing import permits and designating enterprises permitted to import.

Chapter II

REGULATIONS ON IMPORTING GOODS UNDER

SPECIALIZED MANAGEMENT OF THE STATE BANK OF VIETNAM

Section 1

REGULATIONS ON IMPORTING GOODS IN

THE FORM OF ISSUING IMPORT PERMITS

Article 4. Imported Goods

1. The State Bank of Vietnam manages by issuing import permits for safe deposit box doors.

2. Technical requirements for safe deposit box doors: Imported safe deposit box doors must comply with the technical standards for safe deposit boxes set by the State Bank of Vietnam.

Article 5. Documents for Requesting Import Permits for Safe Deposit Box Doors

1. For the Issuance Department and Treasury, Administrative Department, Trading Center of the State Bank of Vietnam, Branches of the State Bank of Vietnam in provinces and centrally administered cities, and enterprises under the State Bank of Vietnam, the documents include:

a) A request for issuance of an import permit for safe deposit box doors: One original copy according to the model at Appendix II issued together with this Circular;

b) A document with the approval of the Governor of the State Bank of Vietnam for equipping imported safe deposit box doors: One copy;

c) Technical documentation for safe deposit box doors: One copy and one Vietnamese translation.

2. For credit institutions, foreign bank branches, printing and minting establishments (excluding printing and minting establishments that are enterprises under the State Bank of Vietnam); agencies, organizations, and traders requiring the import of safe deposit box doors, the documents include:

a) A request for issuance of an import permit for safe deposit box doors: One original copy according to the model at Appendix II issued together with this Circular;

3. In cases where the entities specified in Clause 1 and Clause 2 of this Article entrust other units to import safe deposit box doors, in addition to the documents specified in Clause 1 and Clause 2 of this Article, they need to supplement the following documents:

b) Entrustment document in accordance with the law on entrusted trading activities: One original or one certified copy confirmed by the entrusting unit.

Article 6. Procedure and time limit for issuing import permits for bank vault doors

1. The unit requesting the issuance of an import permit for bank vault doors shall submit the application dossier via postal service or directly to the State Bank of Vietnam (Issue and Treasury Department), address: No. 47-49 Ly Thai To Street, Hoan Kiem District, Hanoi City.

2. Within two working days from the date of receipt of the application dossier for the import permit, the Issue and Treasury Department will provide comments requiring corrections or supplements to the dossier in cases where the dossier is not in compliance.

Upon receiving a complete and valid dossier, the Issue and Treasury Department will review and submit to the Governor of the State Bank of Vietnam for a decision on issuing the import permit for bank vault doors.

3. The State Bank of Vietnam shall issue the import permit for bank vault doors (in accordance with Form III attached to this Circular) within seven working days from the date of receipt of a complete and valid dossier. In case of refusal to issue the permit, the State Bank of Vietnam shall provide a written response stating the reasons within the aforementioned period.

Article 7. Validity of the Import Permit for Bank Vault Doors

The import permit for bank vault doors is valid for six months from the date of issuance.

Section 2

REGULATIONS ON IMPORTING GOODS IN A SPECIFIED FORM

DESIGNATION OF ENTERPRISES PERMITTED TO IMPORT

Article 8. Imported Goods

1. The goods specified in Sections 2, 3, 4, 5, 6, 7, and 8 of Appendix I attached to this Circular are those managed by the State Bank of Vietnam through the designation of enterprises permitted to import.

2. The State Bank of Vietnam designates printing and minting facilities, which are state-owned enterprises, to directly import the goods specified in Clause 1 of this Article.

Article 9. Basis and Procedures for Importation

1. Based on the annual printing plan, paper and ink procurement plan, and equipment purchase plan approved by the Governor of the State Bank of Vietnam, printing and minting facilities, which are state-owned enterprises, shall organize the importation of goods necessary for printing and minting activities.

2. Printing and minting facilities shall submit to the State Bank of Vietnam (Issue and Treasury Department) a written request for permission to accept imported consignments along with the import goods dossier including the following documents: one copy of the contract, bill of lading, commercial invoice, and packing list confirmed by the printing and minting facility.

Based on the import goods dossier submitted by the printing and minting facilities, the Issue and Treasury Department will review and submit to the Governor of the State Bank of Vietnam for a decision to allow the printing and minting facilities to accept imported consignments.

Chapter III

IMPLEMENTATION

Article 10. Transitional Provisions

For import permits and documents allowing the acceptance of imported consignments issued before the effective date of this Circular, they shall continue to be implemented according to the import permits and documents issued by the State Bank of Vietnam.

Article 11. Responsibilities of the Issue and Treasury Department

1. To monitor and manage the use of goods under specialized management by the State Bank of Vietnam in accordance with their intended purposes.

2. To fulfill other responsibilities as stipulated in this Circular.

Article 12. Responsibilities of the Importing Unit or Entrusted Importing Unit (if any)

1. To carry out the importation in accordance with the quantity, quality, and type of goods as prescribed, ensuring technical standards set by the State Bank of Vietnam, and complying with laws and regulations on importing goods.

2. The importing unit must use the imported goods for their intended purpose.

3. Within three months from the date of clearance, the importing unit must submit a written report to the State Bank of Vietnam (Issue and Treasury Department) on the use of the imported goods.

Article 13. Effective Date

1. This Circular takes effect from September 15, 2014.

2. This Circular replaces Circular No. 04/2006/TT-NHNN dated July 3, 2006, guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006, detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries for goods under specialized management by the State Bank of Vietnam.

Article 14. Responsibility for organizing implementation

The Head of the Office, the Director of the Currency Issuance and Treasury Department, the Heads of units under the State Bank, the Governors of the State Bank branches in provinces and centrally administered cities; the Chairmen of the Management Boards, the Chairmen of the Member Councils, the General Managers (Directors) of currency printing and minting facilities; the Chairmen of the Management Boards, the Chairmen of the Member Councils, the General Managers (Directors) of credit organizations and foreign bank branches shall be responsible for organizing the implementation of this Circular./.