Decision No. 242/1999/QĐ-TTg On the Management of Import and Export of Goods in 2000

Pursuant to …;

On the management of import and export of goods in 2000

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PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Government Decree No. 57/1998/NĐ-CP dated July 31, 1998 "Regulating Detailed Implementation of the Law on Trade concerning Export, Import, Processing, and Agency Purchase and Sale of Goods with Foreign Countries";

At the proposal of the Minister of Trade,

DECISION:

Article 1. Approves the list of goods for export and import in 2000:

- The list of goods prohibited from export and import (annexed at Appendix No. 01 to this Decision).

- The list of goods for import requiring a permit from the Ministry of Trade (annexed at Appendix No. 02 to this Decision).

Article 2. Textile and garment products for export to markets with quota regulations shall be implemented according to the Circulars guiding the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry. The Ministries need to clearly define a tender ratio of approximately 25-30% of the quota for textile and garment products compared to production capacity for those items subject to restricted quotas.

Article 3. Regarding rice exports and fertilizer imports: to be carried out according to separate decisions of the Prime Minister.

Article 4. On the import of petroleum products (excluding lubricating oil):

a) The Ministry of Trade manages and ensures that about 8 million tons of petroleum products are imported in 2000; allocate the entire import quota for the year at once to specialized enterprises importing petroleum products approved by the Prime Minister and the Ministry of Trade in 1999.

The allocation of import quotas for petroleum products to specialized enterprises shall be decided specifically by the Minister of Trade.

b) In case it is necessary to adjust the import limit, the Ministry of Planning and Investment will consult with the Ministry of Trade and report.

c) Assign the Government Price Board to lead and coordinate with relevant ministries and sectors to closely monitor price and market conditions for petroleum products and report.

Article 5. The import of alcoholic beverages shall be conducted according to the guidance of the Ministry of Trade.

Article 6. On the import of parts and components (IKD) for automobiles and two-wheeled motorcycles:

a) Enterprises assembling and producing automobiles and two-wheeled motorcycles in the form of IKD with foreign investment capital are allowed to import parts and components for production and assembly in accordance with the investment permits already issued (in accordance with the current classification management regulations on import and export), in compliance with the standards and domestication policies of the Ministry of Science, Technology, and Environment, the Ministry of Industry, and the Ministry of Transport for these products.

b) Domestic enterprises investing in the production and assembly of two-wheeled motorcycles in the form of IKD, which have been permitted to operate in 1999 by the Ministry of Industry, the Ministry of Science, Technology, and Environment, and the Ministry of Transport, are allowed to import IKD parts for assembly based on their production capacity and complete customs procedures; no additional permits will be granted for enterprises assembling two-wheeled motorcycles in the form of IKD.

The assembly of two-wheeled motorcycles in the form of IKD mentioned in points a and b above must have product trademarks.

c) Enterprises producing and assembling two-wheeled motorcycles in the form of IKD are not allowed to use spare parts and components imported under their registered domestication program to assemble two-wheeled motorcycles. The Ministry of Industry will lead and coordinate with the Ministry of Science, Technology, and Environment to inspect the implementation.

Article 7. The import of consumer goods shall mainly be regulated through taxes, surcharges, and payment methods of banks. Enterprises importing consumer goods must balance foreign currency themselves for import and must pay immediately.

Article 8. The import of goods listed in Appendix No. 02 attached to this Decision must have a permit from the Ministry of Trade.

Article 9. Assign relevant ministries and sectors, after consultation with the Ministry of Trade, to publish the list and guide the export and import of goods within the scope of specialized industry management according to the principle: only specify technical standards, usage features, and conditions for export and import to provide enterprises with a basis for completing customs procedures at border gates, without issuing permits or approving quantities, values of exported and imported goods.

Guidance on the export and import of specialized goods mentioned above must be clearly and specifically published and reported tothe Prime Minister before March 1, 2000.

Article 10. The export of wood products and the import of raw wood materials shall be carried out according to separate directives of the Prime Minister.

Article 11. For goods such as petroleum products, fertilizers, and steel, which the State guarantees foreign exchange for import needs, re-export is only allowed when foreign customers guarantee repayment in freely convertible foreign currency; in cases where neighboring countries officially request to purchase such materials but cannot pay in freely convertible foreign currency, the Ministry of Trade shall report to the Prime Minister for decision.

Article 12. For other types of materials and goods outside the lists in Appendix No. 01, Appendix No. 02, and the provisions of this Decision, enterprises with business registration certificates, appropriate industries, and enterprise codes for trading in import and export are allowed to export and import according to demand.

Article 13. The import of goods listed in Appendix No. 02 attached to this Decision by enterprises with foreign investment capital shall be regulated as follows:

- For materials serving basic construction to form fixed assets, enterprises are allowed to import but should prioritize using domestically produced materials first.

- For materials and raw materials for production, they shall be implemented according to the provisions of this Decision.

Article 14. To gradually eliminate non-tariff measures in managing import and export, assign the Ministry of Finance to cooperate with the Government Price Board to submit to the Prime Minister before March 1, 2000, reasonable adjustments to increase import tariffs (or surcharges) for goods removed from the list of goods requiring a permit from the Ministry of Trade for import.

Article 15. The Minister of Trade shall guide the implementation of this Decision; responsible for coordinating with relevant ministries and sectors to promote exports; strictly manage imports, ensuring that the trade deficit of Vietnamese enterprises remains below the level allowed by the National Assembly in the 2000 plan.

Article 16. This Decision shall take effect from April 1, 2000 (except for the import quota for oil products which shall be assigned from January 1, 2000) and shall apply to both export and import activities of formal trade, informal trade, and non-trade goods. During its implementation, the Ministry of Commerce shall monitor and compile opinions from ministries, sectors, and localities, and promptly report to the Prime Minister to handle issues arising beyond the authority of ministries and sectors.

Article 17. The Ministers of Ministries, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees under the central government are responsible for implementing this Decision.