Consolidated Document number 41/VBHN-BCT Circular confirming the tariff quota for natural honey exports to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership

CIRCULAR

Confirming the tariff quota for natural honey exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership.

Circular No. 28/2009/TT-BCT dated September 28, 2009, issued by the Minister of Industry and Trade, confirming the tariff quota for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, effective from November 12, 2009, has been amended and supplemented by:

1. Circular No. 38/2025/TT-BCT dated June 19, 2025, issued by the Minister of Industry and Trade, amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, effective from July 1, 2025;

2. Circular No. 48/2025/TT-BCT dated September 3, 2025, issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circular No. 28/2009/TT-BCT dated September 28, 2009, issued by the Minister of Industry and Trade, confirming the tariff quota for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, effective from September 3, 2025.

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership signed on December 25, 2008, in Tokyo, Japan;

The Ministry of Industry and Trade stipulates the confirmation of the tariff quota for natural honey exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership as follows:[1]

Article 1. Scope of Regulation

This Circular governs the confirmation of the Certificate of Tariff Quota for natural honey (HS Code 0409.00.00) exported to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership.

Article 2. Applicability

This Circular applies to traders exporting natural honey to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, competent state authorities, and other organizations and individuals related thereto.

Article 3. Authority to confirm the Certificate of Tariff Quota[2]

The authority to confirm the Certificate of Tariff Quota at the request of the exporter is the licensing authority where the exporter's main office is located.

Article 4. Contents of the Certificate of Tariff Quota[3]

1. The Certificate of Tariff Quota shall be printed on white paper, size A4, in English and include the following minimum information:

a) Reference number;

b) Name and address of the exporter;

c) Name and address of the importer;

d) Description of goods;

đ) Harmonized System code;

e) Quantity (with specific unit of measurement indicated);

g) Validity period of the Certificate of Tariff Quota (effective date/expiry date);

h) Confirmation by the licensing authority where the exporter's main office is located.

2. The model of the Certificate of Tariff Quota is specified in Respectfully submitted to: The State Bank of Vietnam Branch in the Region ... this Circular.

Article 5. Validity of the Certificate of Tariff Quota

The Certificate of Tariff Quota is valid from the date of confirmation until March 31 of the following year.

Article 6. Principles for Confirming the Certificate of Tariff Quota[4]

1. Traders wishing to benefit from the preferential tariffs granted by Japan under the tariff quota for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership must submit their application to the licensing authority (Provincial People's Committee) where the exporter's main office is located to obtain confirmation.

2. Based on the annual tariff quota allocated by Japan for Vietnam as stipulated in DIRECTOR OF THE STATE BANK OF VIETNAM this Circular and taking into account the date of registration for confirmation, the Certificate of Tariff Quota for exporters will be confirmed according to the principle that applications registered earlier will be considered first, those registered later will be considered subsequently. For quantities of natural honey registered for export under the tariff quota exceeding the remaining quota for that year, the Provincial People's Committee will consider confirming the Certificate of Tariff Quota based on the remaining quota amount.

Article 7. Application for Confirmation Documents

1. The application for confirmation of the Certificate of Quota includes:

a) An application form according to the model attached Tel: with this Circular;

b) A copy of the Customs Declaration completed with customs procedures;

c) A copy of the Certificate of Origin (CO) Model VJ stamped with the confirmation seal of the CO Issuing Organization.

2. In cases where there is no Export Customs Declaration completed with customs procedures or a copy of the Certificate of Origin (CO) Model VJ, the applicant may be allowed to submit these documents within fifteen (15) working days from the date of confirmation of the Certificate of Quota.

3.[5] If the enterprise fails to submit the deferred documents as stipulated in Clause 2 of this Article, the Ministry of Industry and Trade will notify Japan not to issue the Certificate of Quota to the Japanese importer upon receipt of the report from the provincial People's Committee.

Article 8. Receiving Applications for Confirmation

When the applicant submits the application for confirmation of the Certificate of Quota, the receiving officer shall be responsible for receiving the application, checking the application, and implementing the following measures:

1. Issue a receipt confirming that the Certificate of Quota will be considered for confirmation if the quota is still available as specified in DIRECTOR OF THE STATE BANK OF VIETNAM. The time frame for confirmation is detailed in Article 9 and is specifically noted on the receipt;

2. Request additional documents if required documents are missing as specified in , Clause 1, Clause 2 Article 7a of this Regulation.. After the applicant provides all valid documents, the receiving officer will implement the measure as stipulated in Clause 1 of this Article.

3. Refuse to confirm the Certificate of Quota if the quota has been exhausted as specified in DIRECTOR OF THE STATE BANK OF VIETNAM.

Article 9. Confirmation of the Certificate of Quota[6]

1. The provincial People's Committee shall confirm the Certificate of Quota within three (03) working days from the date of receipt of the complete application.

2. In cases where confirmation is not made, the provincial People's Committee shall provide a written response specifying the reasons.

Article 10. Reconfirmation due to Damage, Loss, or Defect of the Certificate of Quota[7]

In cases where the Certificate of Quota is damaged, lost, or defective, the trader may submit an application to the provincial People's Committee requesting confirmation of a certified true copy of the original Certificate of Quota. The provincial People's Committee shall confirm the copy based on the export documents kept at the provincial People's Committee, and this copy must bear the phrase "CERTIFIED TRUE COPY" in the "REMARKS" section of the Certificate of Quota. This copy shall indicate the date of confirmation of the original Certificate of Quota. This certified true copy shall be confirmed within the period before the expiration date of the original Certificate of Quota.

Article 11. Return of the Certificate of Quota Due to Non-Exportation[8]

In cases where the trader does not use the Certificate of Quota already confirmed due to non-exportation of the consignment for which the Certificate of Quota was requested or the consignment is returned to Vietnam after exportation, the trader must return the previously confirmed Certificate of Quota to the provincial People's Committee that issued the Certificate of Quota.

Article 12. Publicizing the allocation of tariff quotas on the Ministry of Industry and Trade's information page

Information regarding the allocation of tariff quotas for natural honey exports to Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership shall be published on the Ministry of Industry and Trade’s information page at the website www.moit.gov.vn

Article 13. Implementation Provisions[9]

This Circular takes effect 45 days from the date of signature.

ANNEX 1

MODEL OF TARIFF RATE QUOTA CERTIFICATE
(Issued together with Circular No. 28/2009/TT-BCT dated September 28, 2009 confirming the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership)

THIS CERTIFICATE IS NOT VALID IF EXHIBITS ERASURES, DELETIONS, CROSSING
OUT OR ANY SIGN OF ALTERATION

ANNEX 2

EXPORT TARIFF RATE QUOTA FOR NATURAL HONEY TO JAPAN UNDER THE VJEPA AGREEMENT BY YEARS
(Issued together with Circular No. 28/2009/TT-BCT dated September 28, 2009 confirming the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership)

ANNEX 3[10]

(Replaces Appendix 3 of Circular No. 28/2009/TT-BCT)

Respectfully submitted to: Issuing authority of province/city ...

Based on Circular No. ... dated ... issued by the Ministry of Industry and Trade

Trader (please write full Vietnamese name and abbreviation):

Business Registration Certificate number:

Telephone: Fax:

Email:

Trading address:

Requesting the issuing authority to confirm the tariff quota certificate for natural honey (HS code 0409.00.00) according to the import tariff quota into Japan for the Japanese fiscal year (*) 20... with quantity of: ... tonnes (in words: ).

Note: * The Japanese fiscal year starts from April 1 to March 31 of the following year.

[1] Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the purview of the Ministry of Industry and Trade is based on the following grounds for issuance:

Pursuant to Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing some articles and measures to organize and guide the implementation of the Law on Issuing Regulatory Legal Documents;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Based on Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

At the proposal of the Director of the Office of the Ministry,

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

The Minister of Industry and Trade issues this Circular amending and supplementing some provisions on the delegation of administrative procedures implementation in fields under the management of the Ministry of Industry and Trade.

Circular No. 48/2025/TT-BCT amends and supplements some articles of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership is based on the following grounds:

Pursuant to Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing some articles and measures to organize and guide the implementation of the Law on Issuing Regulatory Legal Documents;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Based on Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing some provisions and measures to organize and guide the implementation of the Law on Legislative Regulatory Documents amended and supplemented some articles according to Decree No. 187/2025/NĐ-CP dated July 1, 2025 of the Government;

Pursuant to the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership signed on December 25, 2008, in Tokyo, Japan;

At the proposal of the Director of the Import-Export Department,

The Minister of Industry and Trade issues this Circular amending and supplementing some articles of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership.

[2] This provision is amended in accordance with Clause 1, Article 25 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025.

[3] This provision is amended in accordance with Clause 2, Article 25 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025.

[4] This provision is amended in accordance with Clause 1, Article 1 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which takes effect from September 3, 2025.

[5] This clause is amended in accordance with Clause 2, Article 1 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which takes effect from September 3, 2025.

[6] This provision is amended in accordance with Clause 3, Article 1 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which takes effect from September 3, 2025.

[7] This provision is amended in accordance with Clause 4, Article 1 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which takes effect from September 3, 2025.

[8] This provision is amended in accordance with Clause 5, Article 1 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which takes effect from September 3, 2025.

[9] Article 37 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025, provides as follows:

"Article 37. Implementation Provisions

1. This Circular takes effect from July 1, 2025.

2. Accompanying this Circular are new forms replacing those in administrative procedures listed in Appendix I, and new forms prescribed in administrative procedures listed in Appendix II.

3. Transitional Provisions

Licenses, Certificates, Certificates of Approval, and Approvals issued for administrative procedures in fields managed by state agencies before July 1, 2025 shall continue to be valid until their expiration date as specified in the Licenses, Certificates, Certificates of Approval, and Approvals.

4. This Circular abolishes:

Point d, Clause 2, Article 4, Clause 3, Article 18 of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade stipulates the management and use of industrial explosives and explosive precursors under the jurisdiction of the Ministry of Industry and Trade;

The phrase "Department of Science and Technology" at point a, Clause 4, Article 11; the phrase "Department of Industry and Trade" in Note (5) of Model 01, Note (7) of Model 02 of Appendix IV of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade stipulates the management and use of industrial explosives and explosive precursors under the jurisdiction of the Ministry of Industry and Trade;

c) Appendix I promulgated with Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade on the construction and content of safety management documents in oil and gas activities;

d) Article 17 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade on product quality management under the responsibility of the Ministry of Industry and Trade;

The phrase “by postal service” in the content of Circular No. 11/2015/TT-BCT dated June 4, 2015 of the Minister of Industry and Trade stipulating the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam;

e) Clause 2, Article 21 of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of Decrees related to tobacco business;

Article 2 of Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco sales;

Appendix 11, 12, 13, 14, 15 promulgated together with Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco sales;

i) Clause 1, Clause 2, Article 18 of Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the protection of power engineering works and safety in the power sector;

k) Clause 2, Article 12 of Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade on the management of electronic commerce websites.

l) Clause 2, Article 11 of Circular No. 59/2015/TT-BCT dated December 31, 2015, issued by the Minister of Industry and Trade, stipulates the management of e-commerce activities through applications on mobile devices;

Appendix V promulgated together with Circular No. 07/2019/TT-BCT dated June 20, 2019 of the Minister of Industry and Trade stipulating the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

Clause 2, Article 5, Clause 3, Article 6 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

o) Article 15 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulates the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

Clause 2, Article 5, Clause 3, Article 6, Clause 4, Article 7, Clause 2, Article 8 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management."

Article 2 of Circular No. 48/2025/TT-BCT amending and supplementing certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirms the tariff quota for the import of natural honey into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership, which shall take effect from September 3, 2025, and is stipulated as follows:

"Article 2. Implementation Provisions

This Circular shall take effect from September 3, 2025.

[10] Appendix 3 of the application form for export tariff quota for natural honey to Japan under the VJEPA issued together with Circular No. 28/2009/TT-BCT is replaced by Form No. 01, Part IV of Appendix I of the replacement forms in administrative procedures issued together with Circular No. 38/2025/TT-BCT pursuant to Clause 3 of Article 25 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation of administrative procedures in fields under the jurisdiction of the Ministry of Industry and Trade, which shall take effect from July 1, 2025.