Decision No. 41/2005/QĐ-TTg Issuing the Regulation on Import Permitting for Goods

Pursuant to …;

Issuing Regulations on Import Permitting for Goods

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the proposal of the Minister of Trade in Circular No. 0135/TM-XNK dated January 27, 2005,

DECISION:

Article 1. These Regulations on Import Permitting for Goods are hereby promulgated together with this Decision.

Article 2. This Decision takes effect from September 1, 2005. Ministers of the Ministries of Trade, Industry, Agriculture and Rural Development, Fisheries, Culture and Information, Health, Posts and Telecommunications, Finance, State Bank of Vietnam, General Department of Customs, and other state agencies authorized to issue import permits shall be responsible for reviewing and adjusting all guiding documents related to the importation of goods within their respective ministries and sectors to comply with the provisions of these Regulations on Import Permitting for Goods attached to this Decision before September 1, 2005.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decision.

REGULATIONS

On Import Permitting for Goods

(Issued together with Decision No. 41/2005/QĐ-TTg dated March 2, 2005)

of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of application

These Regulations stipulate basic principles, forms, and procedures for issuing import permits for goods by issuing authorities for entities importing goods subject to import permit management.

Article 2. Definitions

1. "Import Permitting Procedures" refers to the process and procedures related to issuing import permits for goods, from the procedures for submitting applications for import permits to the receipt, processing of applications, and issuance of decisions by the competent authority to issue import permits.

2. "Issuing Authority for Import Permits" is a state agency authorized to issue import permits according to the law.

3. "Applicant for Import Permit" are organizations and individuals entitled to import goods according to the law.

4. "Automatic Import Permit Issuance" is a form of permit issuance applied under specific conditions without aiming to restrict imports, and where application documents are approved in accordance with the provisions of Article 4 of these Regulations.

5. "Non-Automatic Import Permit Issuance" is a form of import permit issuance outside the scope of automatic import permit issuance.

6. "Goods Subject to Import Permit Management" is specified by the Prime Minister for each period, excluding the list of goods subject to automatic import permit issuance.

Article 3. Principles of Import Permit Issuance

1. Transparency in Import Permit Issuance Procedures

a) The issuance of import permits must be clearly defined, transparent, and objective.

b) The issuing authority for import permits must notify specifically the documents and information required in the application for permits so that applicants can know and implement them. All regulations and information related to the application procedures for import permits, including conditions for organizations and individuals to submit applications for permits; issuing authorities; and lists of goods subject to permit issuance must be published in the Official Gazette at least twenty-one days (21 days) prior to the entry into force of such regulations, and simultaneously posted on the website of the issuing authority and publicly displayed at the issuing authority. Any exceptions or changes to the procedures for applying for import permits or the list of goods subject to permit issuance must be announced through the aforementioned methods and within the stated timeframe.

2. Procedures for Submitting Applications for Import Permits and Extending Import Permits

a) Applicants for import permits only need to submit applications to one authority. In cases where it is necessary to approach multiple authorities, the number of authorities shall not exceed three (3).

b) Procedures for submitting applications or extending import permits (if applicable) must be clearly defined and simple. Application deadlines (if applicable) must be set at least twenty-one days (21 days) before the deadline for submission and may be extended if the issuing authority has not received the full set of applications within this period. The content of the application for import permits or extension of import permits must be clearly defined and simple.

c) The issuing authority for import permits shall not reject applications due to minor errors in information provided, provided that such errors do not alter the essential and fundamental contents of the application for import permits. In case of errors or mistakes in documents or procedures, the issuing authority may issue reminders or warnings at appropriate levels if such errors or mistakes are not intended for fraud or due to extreme carelessness.

d) In cases where an import permit is denied, the issuing authority must clearly announce the reasons.

đ) Denial of clearance for imported goods already issued permits solely because of minor differences in value, quantity, or weight compared to the figures on the permit due to discrepancies arising during delivery, the nature of bulk cargo handling, and other minor differences consistent with normal trade practices is not allowed.

e) Access to foreign exchange for conducting imports of goods subject to import permit management is applied equally to goods not subject to import permit management and must comply with current regulations on foreign exchange management.

Chapter II
FORMS OF IMPORT PERMIT ISSUANCE

Article 4. Automatic Import Permit Issuance

Automatic import permit issuance, in addition to following the general principles stipulated in Article 3 of these Regulations, must also comply with the following provisions:

1. Every applicant for import permits who meets the legal requirements for importing goods subject to automatic import permit issuance shall be able to submit applications and obtain automatic import permits.

2. Applications for automatic import permits must be submitted to the issuing authority before the goods are cleared.

3. The import permit application file for automatic import approval is accepted immediately after a reasonable administrative processing period, but not exceeding ten working days (10 days) from the date of receipt of the valid application file; goods may only be cleared for import after obtaining the automatic import permit.

The requirements for a valid application file are clearly and specifically published by the issuing authority according to the method prescribed in Article 3 of this Regulation.

4. The Prime Minister authorizes the Minister of Commerce, based on actual conditions and needs, and after consultation with relevant agencies, to publish or adjust the List of goods subject to automatic import permits and the issuance of such permits. In cases where it is unnecessary, the automatic import permit must be immediately abolished.

Article 5. Non-automatic Import Permit

The issuance of non-automatic import permits, in addition to following the principles set out in Article 3 of this Regulation, must also comply with the following provisions:

1. Where the permit is used to manage import quotas or to implement other import control measures, the permit shall not create additional obstacles for imports. The procedures for issuing non-automatic import permits shall be appropriate in terms of scale and duration of application of import control measures and shall not complicate the implementation of such measures.

2. Where the issuance of the permit does not aim to limit quantities, the issuing authority shall publish the basis for issuing the import permit so that organizations and individuals both within and outside the country are informed.

3. Where import quotas are allocated by supplying countries, the Vietnamese import permit issuing authority shall promptly publish the total quantity of quotas for imported goods measured in quantity or value, the start and end dates for quota allocation for the supplying governments, organizations, and individuals both within and outside the country to be informed.

4. All applicants for import permits are treated equally in submitting applications and during the review process for approval. If an applicant's import permit application is rejected, the import permit issuing authority must notify the reasons for non-approval; the applicant has the right to appeal to the competent authority issuing the permit and request a re-examination of the rejection according to the laws on import permit issuance.

5. If the issuance of import permits follows the principle of first-come, first-served, except for exceptional cases due to force majeure, the review period for import permit applications shall not exceed thirty days (30 days) from the date the import management authority receives the valid application file. If the import management authority reviews all applications simultaneously, the review period shall not exceed sixty days (60 days) from the announced deadline for submission of applications.

6. The validity period of the permit must be reasonable and shall not be too short to make imports impracticable. The validity period shall also not be set at a level that excludes imports from distant sources, except in cases where goods need to be returned immediately to meet unforeseen short-term requirements.

7. Import management authorities shall not obstruct imports consistent with the contents of the import permit as well as the full utilization of allocated quotas.

8. When issuing import permits, import management authorities should take into account the reasonable quantity and practical business needs of the applicant seeking the permit.

9. When issuing import permits, the import management authority should establish a review process for the importing activities of the applicant seeking the permit and their performance in implementing previously issued import permits over a certain period (maximum two years). If these permits have not been fully implemented, the import management authority will investigate the reasons to consider and weigh when issuing new import permits. The import management authority should also consider current principles, regulations, and industry practices to reasonably allocate quotas and issue permits to new importers.

10. Where import quotas are allocated through permits not tied to the condition of the supplying country, the permit holder has the right to choose the supply source. If import quotas are tied to the condition of the supplying country, the import permit must specify the country or countries from which the permit holder is allowed to import goods into Vietnam.

Chapter III
ARTICLE IMPLEMENTATION PROVISIONS

Article 6. Implementation

1. The Ministries of Industry, Agriculture and Rural Development, Fisheries, Culture - Information, Health, Posts and Telecommunications, Finance, State Bank of Vietnam, General Department of Customs, and other competent state agencies responsible for issuing import permits shall provide relevant information and coordinate with the Ministry of Commerce to monitor the implementation of this Regulation.

2. The Ministry of Commerce shall take the lead in supervising, compiling the situation of implementation of this Regulation by relevant ministries and sectors; report to the Prime Minister for handling cases where guidance and implementation are not in accordance with this Regulation and issues beyond the jurisdiction of relevant ministries and sectors; serve as the focal point for providing information on import permits to the World Trade Organization (WTO) import licensing committee and member countries of the WTO in compliance with notification obligations under the WTO Import Licensing Procedures Agreement when Vietnam is a member of the organization./.