Decision No. 405-TM/XNK on announcing the categories of goods for export and import through Vietnamese border gates

Pursuant to …;

Announcing the categories of goods for export and import through Vietnamese border gates

THE MINISTER OF TRADE

Based on the provisions of Decree No. 114/HĐBT dated April 7, 1992 of the Council of Ministers regarding state management of exports and imports;

Based on the provisions of Decision No. 108/TTg dated March 22, 1993 of the Prime Minister concerning prohibited export and import items and goods subject to quota management in 1993,

DECISION:

Article 1. - Now hereby announcing the categories of goods attached to this Decision applicable to goods for export and import through Vietnamese border gates:

1. Categories of goods prohibited from export and import.

2. Categories of goods subject to quota management for export and import.

3. Categories of specialized goods managed by the Ministry of Trade in coordination with relevant ministries for export and import.

4. Categories of goods designated by the State for enterprises to act as principal exporters and importers.

5. Categories of goods temporarily suspended from issuing import permits.

6. Categories of goods for export and import that must be approved by the Ministry of Trade for quantity before signing foreign trade purchase and sale contracts.

7. Categories of goods for which the Export-Import Permit Office of the Ministry of Trade issues export and import permits valid for six months.

Article 2. - The categories mentioned in Article 1 above shall take effect from the date of signature until March 1, 1994, except where the Prime Minister has provided otherwise.

Article 3. - For goods not included in categories 1 to 6, enterprises with export-import business licenses issued by the Ministry of Trade may independently conclude foreign trade purchase and sale contracts according to their production and business needs within the scope specified in their export-import business licenses. Enterprises directly handle export and import procedures at regional Export-Import Permit Offices without going through the Ministry of Trade. Export-Import Permit Offices shall not arbitrarily reduce quantities or refuse to issue permits when these contracts do not violate state regulations and are not contrary to international trade practices.

Article 4- Relevant functional departments of the Ministry of Trade, Export-Import Permit Offices, and export-import trading enterprises nationwide are responsible for implementing this Decision.

Article 5. - This Decision replaces Decision No. 294-TMDL/XNK dated April 9, 1992 of the Ministry of Trade and Tourism. All previous documents of the Ministry of Trade and Tourism that conflict with this Decision are hereby abolished.

APPENDIX 1

LIST

PROHIBITED EXPORT AND IMPORT ITEMS

I. Prohibited export items:

1. Weapons, ammunition, explosives, and military technical equipment.

2. Antiques and cultural products required by the State for preservation and museum display.

3. Narcotics and toxic chemicals.

4. Roundwood and sawn timber.

5. Raw materials for steel.

6. Rare animals (as specified in the list prescribed by the Forestry Department).

II. Prohibited Import Items:

1. Weapons, ammunition, explosives for national defense, military uniforms, and military supplies.

2. Narcotics and toxic chemicals.

3. Obscene and subversive cultural products.

4. Cigarettes.

Note:

1. The Ministry of Culture and Information and the Ministry of Trade shall issue detailed guidelines on antiques and cultural products.

2. The Ministry of Heavy Industry and the Ministry of Trade shall issue detailed guidelines on toxic chemicals.

3. Points 1/4 and 1/5 refer to Circular No. 9-TTLB dated May 18, 1992 of the Joint Ministry of Trade - Forestry - State Planning Commission.

ANNEX NO. 2

LIST

ITEMS FOR EXPORT AND IMPORT

MANAGED BY QUOTA

I. Exports:

2. Peanuts

2. Textiles and garments to the European Community (EC) and Canada.

3. Cassava chips to the EC.

II. Imports:

1. Raw materials and auxiliary materials for cigarette production.

Note:

1. Point I/1: In accordance with quotas set by the Prime Minister. The Ministry of Trade together with the Ministry of Agriculture and Food Industry designate enterprises with export-import business licenses as principal exporters and manage other enterprises to implement the quotas.

2. Point I/2: In accordance with foreign quotas allocated to Vietnam and implemented in accordance with Circular No. 1-TM/XNK dated March 4, 1993 of the Joint Ministry of Trade - Light Industry.

3. Point I/3: In accordance with foreign quotas allocated to Vietnam. The Ministry of Trade together with the Ministry of Agriculture and Food Industry have fully allocated the quotas to enterprises and have designated enterprises with export-import business licenses as principal exporters. Enterprises with quotas and those designated as principals must report their implementation status to the Ministry of Trade. By April 30, 1993, if enterprises with quotas are unable to fulfill them, the Ministry of Trade will reclaim the quotas and allocate them to other capable enterprises.

4. Point II/1: Only allocated to enterprises with cigarette production facilities.

5. Textiles and garments, cassava chips sold to markets outside the EC are encouraged without requiring quotas.

ANNEX NO. 3

LIST

SPECIALIZED ITEMS FOR THE MINISTRY OF TRADE

IN COORDINATION WITH RELEVANT MINISTRIES TO MANAGE

EXPORTS AND IMPORTS

I. Exports:

1. Cultural products

(Ministry of Trade - Ministry of Culture and Information)

II. Imports:

1. Radio and television transmitters

(Ministry of Trade - General Post Office Administration)

2. Cultural products

(Ministry of Trade - Ministry of Culture and Information)

3. Human medicines and medical devices

(Ministry of Trade - Ministry of Health)

4. Animal and plant seeds, live animals and plants, and animal and plant medicines. (Ministry of Trade - Ministry of Agriculture and Food Industry).

5. The importation of complete sets of equipment and production lines using budget funds shall be carried out in accordance with Decision No. 91-TTg dated November 13, 1992 of the Prime Minister: Economic and technical justifications must be reviewed by the relevant ministry or provincial people's committee and must go through bidding or tendering processes.

Note:

Procedures for exporting and importing goods listed in this category are as follows:

1. Enterprises with export-import business licenses directly apply to the relevant specialized ministry for approval of the item and quantity.

2. After obtaining approval from the relevant specialized ministry, enterprises proceed directly to the Export-Import Permit Office of the Ministry of Trade to handle export or import procedures, without going through the Ministry of Trade (Department of Export-Import Management) as previously required.

ANNEX NUMBER 4

LIST

ITEMS DESIGNATED BY THE STATE FOR ENTERPRISES TO ACT AS PRINCIPAL EXPORTERS AND IMPORTERS.

1. Crude oil.

I. Exports:

2. Rice.

1. Petroleum products (excluding lubricating oils).

II. Imports:

1. Petroleum products (excluding lubricating oil).

2. Fertilizers: Urea, DAP.

Note: Enterprises designated as principal agents shall export and import the above goods in accordance with Article 3 of Decision No. 405-TM/XNK dated April 13, 1993. Specifically, rice according to Note 1 of Appendix 2 of the aforementioned Decision; fertilizers must be approved by the Ministry of Trade for quantity before signing foreign trade purchase and sale contracts.

ANNEX NO. 5

LIST

TEMPORARILY SUSPENDED FROM ISSUING IMPORT LICENSES.

1. Used clothing.

2. Televisions, radios, radio-cassettes, cassette recorders: used.

3. Sugar (except raw Cuban sugar imported under the Rice Swap Agreement between the two Governments).

APPENDIX NUMBER 6

LIST

ITEMS FOR EXPORT AND IMPORT

MUST BE APPROVED BY THE MINISTRY OF TRADE FOR QUANTITY BEFORE

SIGNING FOREIGN TRADE PURCHASE AND SALE CONTRACTS.

I. Exports:

1. Rice.

2. Cassava chips for export to the European Community (EC).

3. Textile products and woven goods for export to the EC and Canada.

II. Imports:

1. Raw materials and auxiliary materials for cigarette production.

2. Fertilizers.

3. Spare parts (CKD, IKD type): For assembly of automobiles, motorcycles, televisions, radios, radio-cassettes, cassette recorders.

Note: Item II/3: Only enterprises with assembly facilities confirmed by the Ministry of Trade and relevant management agencies as having sufficient conditions for assembly are permitted.

APPENDIX NUMBER 7

LIST

GOODS FOR WHICH THE DEPARTMENT OF EXPORT AND IMPORT LICENSES
OF THE MINISTRY OF TRADE SHALL ISSUE EXPORT LICENSES,
IMPORT LICENSES WITH A VALUE FOR 6 MONTHS.

(That is, no need for export and import licenses for each shipment
according to each consignment).

I. Exports:

1. Live and dried clams, oysters, blood cockles, rice snails: (except soft-shelled turtles, tortoises, snakes, frogs, porcupine crabs, ... which are being over-exploited for export leading to the risk of over-harvesting, extinction affecting ecological balance and the environment, so their export must follow specific guidance from the Ministry of Fisheries).

2. Various types of vegetables, flowers, fruits, roots.

3. Various types of pastries, preserves, candies, noodles, vermicelli.

4. Fish sauce, soy sauce, various dipping sauces.

5. Various types of eggs.

6. Sand, gravel, pebbles, quicklime.

7. Cosmetics and cleaning agents.

8. Human hair, wigs.

9. Office supplies.

10. Paper offerings.

11. Toilet paper.

12. Mats, carpets, curtains made of plant materials.

13. Bamboo chopsticks, bamboo charcoal, coconut shell charcoal.

14. Shoes, sandals, slippers, hats, scarves, umbrellas, walking sticks, fishing rods.

15. Porcelain, tiles, glassware.

16. Various types of nails, screws.

17. Hand tools.

18. Various types of locks, hooks, bolts.

19. Musical instruments.

20. Toys, recreational and sports equipment (excluding those made of rare precious wood and pomu).

21. Woven rattan and bamboo products.

22. Books, newspapers, paintings, photographs, stamps.

II. Imports:

1. Books, newspapers, paintings, photographs, stamps.

2. Processed goods.

Note:

Depending on the actual situation, the Ministry of Trade will consult with relevant ministries to expand this list to facilitate and encourage exports.

The Ministry of Trade will specify procedures whereby export and import certificates will be issued for each item listed in this appendix with a validity period of six months, replacing the requirement for separate export and import permits for each shipment. Enterprises will submit these certificates to Customs for export and import formalities when they have goods ready for export or import, and report to the Ministry of Trade (Department of Export and Import Management) every three months the quantities and values actually exported and imported. /