Circular No. 32/2006/TT-BNN guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries."

CIRCULAR

Guidelines for implementing Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries"

of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries"

of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries"

of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries"

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Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government "Providing detailed regulations on the Law on Trade regarding international trade activities and agents, purchasing, selling, processing, and transiting goods with foreign countries";

The Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry of Agriculture and Rural Development) provides guidelines for the export and import of goods under its specialized management as follows:

PART I

GENERAL PROVISIONS

1. This Circular applies to the export and import of goods under the specialized management of the agricultural sector, including:

a) Export of timber, wood products from natural forests in Vietnam; Firewood, charcoal made from wood or firewood originating from natural forests in Vietnam;

b) Export and import of wild animals, plants in danger of extinction, precious, and rare species;

c) Export and import of plant seeds;

d) Export and import of animal breeds;

đ) Import of veterinary drugs, raw materials for veterinary drugs, vaccines, biological preparations, microorganisms, and chemicals used in veterinary medicine;

e) Import of plant protection products (PPPs), raw materials for PPPs, and living organisms in the field of plant protection;

g) Import of animal feed (AF) and raw materials for AF;

h) Import of fertilizers and fertilizer preparations;

i) Export and import of crop, livestock, and microbial genetic resources for research, scientific, and technical exchange.

2. Goods imported under the scope of animal quarantine, animal products quarantine must comply with the provisions set out in Decision No. 45/2005/QĐ-BNN dated July 25, 2005 on the issuance of the List of objects subject to animal quarantine, animal products quarantine; List of animals, animal products subject to quarantine and Decision No. 15/2006/QĐ-BNN dated March 8, 2006 on the procedures and formalities for animal quarantine, animal products quarantine, and veterinary health inspection.

3. Goods imported within the List of objects subject to plant quarantine must comply with the provisions set out in Decision No. 72/2005/QĐ-BNN dated November 14, 2005 on the announcement of the List of objects subject to plant quarantine in Vietnam, Decision No. 73/2005/QĐ-BNN dated November 14, 2005 on the issuance of the List of objects subject to plant quarantine in Vietnam, and Decision No. 16/2004/QĐ-BNN-BVTV dated April 20, 2006 on the issuance of regulations on procedures for inspecting objects and establishing plant quarantine records.

4. In cases where the border gate does not have a quarantine agency for animals and plants, goods will be cleared through a pre-registration and post-inspection mechanism, specifically:

The quarantine agency may conduct quarantine simultaneously with the customs agency's inspection of goods or conduct quarantine after the goods have completed customs formalities according to the time and place specified in the quarantine registration form.

5. The quality inspection of plant protection products (PPPs) and raw materials for PPPs shall be carried out in a pre-registration and post-clearance quality inspection format.

6. The lists of goods under the specialized management of the agricultural sector mentioned in this Circular shall apply until the completion of the application of HS codes.

7. When issuing new, amending, or supplementing the lists of goods under the specialized management of the agricultural sector as stipulated in this Circular, the Departments assigned the task of specialized management by the Ministry of Agriculture and Rural Development shall notify Customs and relevant agencies.

8. Merchants are responsible under the law for the accuracy of the declaration content when exporting and importing and complying with current state regulations on product quality standards.

PART II

SPECIFIC PROVISIONS

1. Export of timber and wood products; Firewood, charcoal made from wood or firewood with origins from natural forests in Vietnam

1.1. Prohibition on the export of timber and wood products from natural forests in Vietnam, including:

a) Round logs of all types.

b) Sawn timber of all types.

c) Wood products made from wood classified as endangered, precious, and rare species under Group IA as stipulated in Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of endangered forest plants and animals; wood products listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention).

1.2. Wood products that can be exported under certain conditions or with permits:

a) Wood products made from endangered, precious, and rare species classified under Group IIA as stipulated in Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of endangered forest plants and animals may only be allowed for export in the form of fine wooden handicrafts and high-quality wooden products. When exporting, merchants must declare at the customs checkpoint.

Fine wooden handicrafts are complete wooden products produced by hand or machine, or a combination of both, finished using techniques such as carving, engraving, inlaying, polishing, lacquering, gilding, and varnishing.

High-quality wooden products are complete products produced by hand or machine, or a combination of both, polished or coated with paint.

b) Wood products listed in Appendices II and III of the CITES Convention must be accompanied by a CITES permit issued by the competent authority managing CITES in Vietnam (referred to as the CITES Office in Vietnam) when exported.

1.3. Export of various types of firewood and charcoal made from wood or firewood with origins from natural forests in Vietnam is permitted in the following cases:

a) Firewood and charcoal from salvaged, utilized wood, and branches and tops during the logging of natural forests as regulated in the Timber Harvesting Regulation and Other Forest Products Regulation issued together with Decision No. 40/2005/QĐ-BNN dated July 7, 2005 of the Ministry of Agriculture and Rural Development;

b) Firewood, charcoal from wood obtained through sustainable harvesting and utilization, branches and tops of trees during the exploitation of natural forests for land conversion to construct national key projects such as: reservoirs for hydropower plants, high-voltage power grids, transportation routes, industrial zones... in accordance with the Land Law and the Forest Protection and Development Law;

c) Firewood, charcoal from wood obtained through sustainable harvesting and utilization in natural forests affected by natural disasters such as: typhoons, floods, forest fires...

When exporting the above products, confirmation from the Department of Agriculture and Rural Development of the locality must be provided and submitted to Customs when processing export procedures. Content The confirmation includes: Quantity of goods permitted for export; Name of exporter; Validity period of the confirmation document.

2. Exporting and importing animals and plants (excluding timber and wood products specified in Section 1) endangered, precious, rare

2.1. Prohibit the commercial export of the following endangered, precious, rare wild animals and plants:

a) Wild animals listed in Groups IB and IIB, and wild plants listed in Group IA under Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of precious and rare wild plants and animals in forests;

b) Wild animals and plants listed in Appendix I of the CITES Convention;

c) Wild animals that are natural enemies of rats according to Directive No. 09/1998/CT-TTg dated February 18, 1998 of the Prime Minister and Decision No. 140/2000/QĐ/BNN-KL dated December 21, 2000 of the Ministry of Agriculture and Rural Development regarding the publication of a list of certain types of wild animals that are natural enemies of rats;

d) Agarwood oil (wind ball) and eaglewood oil according to Decision No. 45/1999/QĐ-BNN-KL dated March 2, 1999 of the Ministry of Agriculture and Rural Development.

2.2. Endangered, precious, rare wild animals and plants may be exported if the following conditions are met:

a) Endangered, precious, rare wild animals and plants specified in Clause 2.1 when exported for non-commercial purposes (diplomatic services, scientific research, exchange between zoos and botanical gardens, exhibitions, circus performances, exchange or return of specimens among CITES Competent Authorities of countries) must be authorized by the CITES Office of Vietnam.

b) Permission to export the following endangered, precious rare wild animals and plants:

- Endangered, precious, rare wild animals and plants of artificial breeding and cultivation origin.

- Wild plants from natural forests listed in Group IIA under Decree No. 32/2006/NĐ-CP of the Government on the management of precious and rare wild plants and animals in forests.

- Wild animals and plants from nature listed in Appendices II and III of the CITES Convention, not listed in Decree No. 32/2006/NĐ-CP of the Government on the management of precious and rare wild plants and animals in forests.

Export of endangered, precious, rare wild animals and plants (except wood products specified in point a, clause 1.2, Section 1) must be authorized by the CITES Office of Vietnam.

2.3. Importation of wild animals and plants listed in the Appendices of the CITES Convention must be authorized by the CITES Office of Vietnam.

3. Exporting and importing seedlings

3.1. Exporting seedlings:

a) Prohibit the export of rare seedling varieties listed in the Catalogue of Rare Seedling Varieties Prohibited from Export issued by the Ministry of Agriculture and Rural Development pursuant to Decision No. 69/2004/QĐ-BNN dated December 3, 2004.

b) For other seedling varieties not included in the aforementioned catalogue, when exporting, traders only need to process customs procedures at the border gate.

3.2. Importing seedlings:

a) For seedling varieties listed in the Catalogue of Seedling Varieties Permitted for Production and Business issued by the Ministry of Agriculture and Rural Development pursuant to Decision No. 74/2004/QĐ-BNN dated December 16, 2004 and the Catalogue of Forestry Seedling Varieties Permitted for Production and Business issued pursuant to Decision No. 14/2005/QĐ-BNN dated March 15, 2005, when importing, traders only need to process customs procedures at the border gate.

b) Other seedling varieties outside the aforementioned catalogues, when imported for research, trial production, or special cases, must be approved by the Plant Cultivation Department (for agricultural seedlings) and the Forestry Department (for forestry seedlings) under the Ministry of Agriculture and Rural Development. Based on the results of trials and trial production, the Ministry of Agriculture and Rural Development will recognize new varieties and subsequently include them in the Catalogue of Seedling Varieties Permitted for Production and Business.

4. Exporting and importing livestock breeds

4.1. Exporting livestock breeds:

a) Prohibit the export of rare livestock breeds listed in the Catalogue of Rare Livestock Breeds Prohibited from Export issued by the Ministry of Agriculture and Rural Development pursuant to Decision No. 78/2004/QĐ-BNN dated December 31, 2004.

b) For other livestock breeds not included in the aforementioned catalogue, when exporting, traders only need to process customs procedures at the border gate and present an animal health certificate if required by the importing country or the consignee.

4.2. Importing livestock breeds:

a) For livestock breeds listed in the Catalogue of Livestock Breeds Permitted for Production and Business issued by the Ministry of Agriculture and Rural Development pursuant to Decision No. 67/2005/QĐ-BNN dated October 31, 2005, when importing, traders only need to process customs procedures at the border gate.

b) Other livestock breeds outside the aforementioned catalogue, when imported, must be approved by the Animal Husbandry Department under the Ministry of Agriculture and Rural Development for trial importation. Based on the results of trials, the Ministry of Agriculture and Rural Development will include them in the Catalogue of Livestock Breeds Permitted for Production and Business.

c) Importation of livestock embryos, bull semen, semen diluents, livestock egg seeds, and poultry egg seeds must have approval from the Animal Husbandry Department under the Ministry of Agriculture and Rural Development.

5. Importing veterinary drugs, raw materials for veterinary drugs, vaccines, biological preparations, microorganisms, chemicals used in veterinary medicine

5.1. For veterinary drugs, raw materials for veterinary drugs, biological preparations, and chemicals used in veterinary purposes as set out in Decision No. 05/2006/QĐ-BNN dated January 12, 2006 on the List of Veterinary Drugs and Raw Materials for Veterinary Drugs, and Decision No. 04/2006/QĐ-BNN dated January 12, 2006 on the List of Vaccines, Biological Preparations, Microorganisms, and Chemicals Used in Veterinary Purposes permitted to circulate in Vietnam, when importing, traders only need to handle customs procedures at the border gate. However, for vaccines and microorganisms as specified in Decision No. 04/2006/QĐ-BNN, they must have the opinion of the Department of Animal Health under the Ministry of Agriculture and Rural Development.

5.2. For the importation of veterinary drugs, raw materials for veterinary drugs, vaccines, biological preparations, microorganisms, and chemicals used in veterinary purposes outside the aforementioned Lists, when importing, traders must have the confirmation of the Department of Animal Health under the Ministry of Agriculture and Rural Development in the import order.

5.3. Importation of veterinary drugs and vaccines in cases of urgent disease outbreaks:

In case of urgent disease outbreaks, the importation of veterinary drugs and vaccines not included in the List of Permitted Veterinary Drugs and Vaccines Circulating in Vietnam shall be decided by the Minister of Agriculture and Rural Development.

6. Importation of plant protection products, raw materials for plant protection products, and live organisms in the field of plant protection

6.1. For plant protection products and raw materials for plant protection products listed in the List of Plant Protection Products Permitted for Use in Vietnam as set out in Decision No. 22/2005/QĐ-BNN dated April 22, 2005 of the Ministry of Agriculture and Rural Development on the List of Plant Protection Products Permitted for Use, Restricted Use, and Prohibited Use in Vietnam, Decision No. 41/2005/QĐ-BNN dated July 13, 2005 on the Special Registration of Certain Types of Plant Protection Products into the List of Plant Protection Products Permitted for Use in Vietnam, Decision No. 78/2005/QĐ-BNN dated November 30, 2005 on the Official Registration, Supplementary Registration, and Special Registration of Certain Types of Plant Protection Products into the List of Plant Protection Products Permitted for Use in Vietnam, and Decision No. 25/2006/QĐ-BNN dated April 10, 2006 on the Special Registration of Certain Types of Plant Protection Products into the List of Plant Protection Products Permitted for Use in Vietnam, when importing, traders only need to handle customs procedures at the border gate.

6.2. For plant protection products and raw materials for plant protection products listed in the List of Plant Protection Products Restricted for Use in Vietnam issued by the Ministry of Agriculture and Rural Development in Decision No. 22/2005/QĐ-BNN dated April 22, 2005, when importing, a permit from the Plant Protection Department under the Ministry of Agriculture and Rural Development is required.

6.3. For plant protection products and raw materials for plant protection products outside the List of Plant Protection Products Permitted for Use in Vietnam, when importing, a permit from the Ministry of Agriculture and Rural Development issued by the Plant Protection Department is required.

6.4. The importation of plant protection products and raw materials for producing plant protection products listed in the List of Plant Protection Products Prohibited for Use in Vietnam issued by the Ministry of Agriculture and Rural Development in Decision No. 22/2005/QĐ-BNN dated April 22, 2005 is prohibited.

6.5. For live organisms in the field of plant protection imported for the first time for testing, a permit from the Ministry of Agriculture and Rural Development issued by the Plant Protection Department is required.

6.6. Traders importing finished plant protection products and raw materials for plant protection products outside the List permitted for use for processing and packaging in Vietnam with the purpose of re-exporting according to contracts signed with foreign countries must have an import permit from the Plant Protection Department under the Ministry of Agriculture and Rural Development and must be subject to inspection of such re-export by competent state authorities.

7. Importation of animal feed and raw materials for producing animal feed

7.1. For products in the List of Feedstuffs and Raw Materials for Feedstuffs imported into Vietnam as set out in Decision No. 01/2006/QĐ-BNN dated January 6, 2006 of the Ministry of Agriculture and Rural Development, when importing, traders only need to handle customs procedures at the border gate.

7.2. For feedstuffs outside the aforementioned List, when importing, a trial permit from the Livestock Production Department under the Ministry of Agriculture and Rural Development is required. Based on the results of the trial, the Ministry of Agriculture and Rural Development will supplement the List of Feedstuffs Permitted for Import into Vietnam. For raw materials for feedstuffs imported into Vietnam for the first time, a certificate of analysis (C/A) from the Livestock Production Department under the Ministry of Agriculture and Rural Development is required.

8. Importation of fertilizers

8.1. For fertilizers listed in the List of Fertilizers Permitted for Production, Trade, and Use in Vietnam as set out in Decision No. 40/2004/QĐ-BNN dated August 19, 2004 and Decision No. 77/2005/QĐ-BNN dated November 23, 2005 of the Ministry of Agriculture and Rural Development, when importing, traders only need to handle customs procedures at the border gate.

8.2. For fertilizers outside the aforementioned Lists, when importing for research, trial, or other special cases, permission from the Crop Production Department under the Ministry of Agriculture and Rural Development is required. Based on the results of the trial, the Ministry of Agriculture and Rural Development will recognize new fertilizers and supplement them into the List of Fertilizers Permitted for Production, Trade, and Use in Vietnam.

9. Exportation, importation of germplasm of crops, livestock, microorganisms for research, scientific exchange, and technical exchange

All objects that are rare crop germplasm, livestock, microorganisms, and new biological preparations used in agriculture for research, testing, and scientific and technical exchange purposes, when exporting or importing, must be approved by the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTING PROVISIONS

1. The specialized management agencies assigned by the Ministry of Agriculture and Rural Development to receive and process applications, issue export and import permits, and trial permits are as follows:

a) Forest Management Department (No. 2 Ngoc Ha - Ba Dinh District - Hanoi): Cases under Section 1 (except Clause 1.2-b of Chapter II).

b) Forest Inspection Department (No. 2 Ngoc Ha - Ba Dinh District - Hanoi): Cases under Clause 1.2-b of Section 1 and Section 2 of Chapter II.

c) Crop Production Department (No. 2 Ngoc Ha - Ba Dinh District - Hanoi): Cases under Sections 3, 8, and 9 of Chapter II.

d) Livestock Production Department (No. 2 Ngoc Ha - Ba Dinh District - Hanoi): Cases under Sections 4 and 7 of Chapter II.

đ) Animal Health Department (No. 15, Alley 78, Giải Phóng Street - Phuong Mai Ward, Dong Da District, Hanoi): Cases under Section 5 of Chapter II.

e) The Plant Protection Agency (149 Ho Dac Di Street - Dong Da District - Hanoi): Cases under Section 6 of Chapter II.

2. Application form: In accordance with the application form issued by the specialized management agencies of the Ministry of Agriculture and Rural Development.

3. Processing time for applications: Within seven working days from the date of receipt of a valid application, the agencies receiving applications as stipulated in Section 1 of this Chapter must issue a written response.

4. Effective Date

This Circular replaces Circular No. 62/2001/TT-BNN dated June 5, 2001 on Guidelines for Exporting and Importing Goods Subject to Specialized Agricultural Management Pursuant to Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Prime Minister on the Management of Exporting and Importing Goods during the Period 2001-2005, and Circular No. 72/2001/TT-BNN dated July 9, 2001 supplementing and amending certain points of Circular No. 62/2001/TT-BNN dated June 5, 2001 of the Ministry of Agriculture and Rural Development.

This Circular shall take effect fifteen days after its publication in the Official Gazette.

During implementation, if there are any difficulties, traders and relevant agencies should promptly report them to the Ministry of Agriculture and Rural Development for consideration and resolution./.