Decision No. 46/2001/QĐ-TTg On management of export and import of goods during the period 2001-2005

Pursuant to …;

On management of export and import of goods during the period from 2001 to 2005

________________________

PRIME MINISTER

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

Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries;

At the proposal of the Minister of Trade,

DECISION:

Chapter I

GENERAL PROVISIONS ON MANAGEMENT OF EXPORT AND IMPORT GOODS

Article 1. Prohibited Export and Import Goods

1. The Decision hereby promulgates the List of prohibited export and import goods for the period from 2001 to 2005 (Annex No. 01).

2. Adjustments to the List of prohibited export and import goods shall be decided by the Prime Minister based on the proposal of the Minister of Commerce.

3. In special cases, the export and import of goods listed in Annex No. 01 must be examined and decided individually by the Prime Minister.

Article 2. Goods Exported and Imported under Permits Issued by the Ministry of Commerce

1. The Decision hereby promulgates the List of goods exported and imported under permits issued by the Ministry of Commerce for the period from 2001 to 2005 (Annex No. 02).

2. The Ministry of Commerce shall take the lead and coordinate with relevant ministries and sectors to specify the List of goods exported and imported under permits issued by the Ministry of Commerce according to the tariff code of the Export Tariff and Import Tariff (if applicable).

3. Adjustments to the List of goods exported and imported under permits issued by the Ministry of Commerce, including the phased abolition of such permits, shall be decided by the Prime Minister based on the proposal of the Minister of Commerce.

4. Contracts for the export and import of goods listed in Annex No. 02 attached to this Decision may only be executed after obtaining a permit from the Ministry of Commerce. For raw materials and components listed in Annex No. 02, if imported for production of export goods or to fulfill contracts for processing with foreign traders, they shall be implemented according to specific regulations of the Ministry of Commerce.

5. Imports by enterprises with foreign investment capital and joint venture parties in joint business contracts, including goods listed in Annex No. 02 attached to this Decision, shall be carried out in accordance with guidelines of the Ministry of Commerce based on the provisions of this Decision and other related legal documents.

6. Based on the schedule for gradually phasing out permits issued by the Ministry of Commerce during the period from 2001 to 2005 in Annex No. 02 attached to this Decision, the Ministry of Finance shall coordinate with the Government Price Board and relevant ministries and sectors to submit to the Prime Minister reasonable adjustments to the import tariff rates (or price differential collection rates) for goods removed from the List of goods imported under permits issued by the Ministry of Commerce, taking into account international commitments Vietnam has signed or joined.

Article 3. Goods Exported and Imported Under Sectoral Management

1. The Decision hereby promulgates the List of goods exported and imported under sectoral management and principles for applying this List in each sectoral management area (Annex No. 03).

2. Adjustments and supplements to the List of goods exported and imported under sectoral management and principles for application (as specified in Annex No. 03) shall be decided by the Prime Minister based on the proposal of the head of the sectoral management agency and the Minister of Commerce.

3. Ministries and sectors responsible for sectoral management shall guide the implementation of the export and import of goods specified in Annex No. 03 mentioned above.

Chapter II

SPECIAL PROVISIONS FOR CERTAIN EXPORT AND IMPORT GOODS

Article 4. Export and import of timber and wood products

1. Export of timber and wood products:

a) Abolish the approval and allocation of quotas for natural forest timber to produce exported wood products. All types of wood products are permitted for export, except for round logs and sawn timber harvested from domestic natural forests.

b) Timber of imported origin is permitted for export in all forms, including re-exporting round logs and sawn timber.

Round logs, sawn timber, and products made from imported timber when exported are exempt from export tax.

c) The State encourages the export of wood products with high processing and manufacturing content. The Ministry of Finance shall perfect tax policies to encourage the production and export of such wood products.

d) Based on the annual approved logging quotas for each region's natural forests by the Prime Minister, the Ministry of Agriculture and Rural Development shall coordinate with provincial people's committees (with logging quotas) to direct the forestry sector to strictly monitor logging activities at the local level.

The verification of the origin of timber for domestic consumption and export (produced from domestic natural forests) must be carried out immediately at the production facility according to the regulations of the Ministry of Agriculture and Rural Development; there will be no verification of the origin of timber for exported wood products during export procedures. For the export of round logs, sawn timber of imported timber origin, and plantation timber, a valid origin document must be presented to customs authorities at border gates in accordance with the regulations of the Ministry of Agriculture and Rural Development and the General Department of Customs.

2. Import of raw timber from countries sharing borders must be conducted in accordance with the provisions of the Prime Minister and guidelines issued by the Ministry of Trade.

3. Based on the provisions of Clause 1 and Clause 2 of this Article, enterprises shall proceed to handle export, import, temporary import for re-export, and re-export procedures for timber and wood products at border gate customs.

Article 5. Export of textile and garment products to markets subject to quota agreements with foreign countries

1. Based on domestic production requirements and multilateral and bilateral government agreements on textiles and garments annually, the Ministry of Trade shall lead relevant ministries, sectors, and major Vietnamese producers in negotiations with international economic organizations and countries to accelerate the process of eliminating quotas on these goods.

2. On the basis of annual agreements with international economic organizations and countries regarding quotas and export conditions for textiles and garments, the Ministry of Trade shall lead relevant ministries and sectors in formulating and promulgating general regulations to implement textile and garment quotas; announcing the quota auction ratio for textiles and garments, which must increase annually to gradually replace the quota allocation mechanism, taking into account international commitments Vietnam has signed or joined.

3. Allocation of textile and garment quotas (excluding the auction quota and export bonus quota) to enterprises in Hanoi City, Ho Chi Minh City, Hai Phong City, and Da Nang City shall be carried out by municipal people's committees according to general regulations. The Ministry of Trade shall allocate textile and garment quotas to other enterprises.

Article 6. Export of rice and import of fertilizers

1. Abolish the mechanism for allocating export quotas for rice and import quotas for fertilizers, and the provision of key enterprises engaged in the export and import of these two products.

Enterprises belonging to various economic sectors may export rice if they have registered to operate in the grain or agricultural products sector; they may import all types of fertilizers permitted for use in Vietnam if they have registered to operate in the agricultural supplies or fertilizer sector.

2. For export contracts of rice to certain markets with agreements between our Government and the Governments of other countries (Government contracts), the Ministry of Trade, after consulting the Vietnam Food Association, shall designate and direct enterprises to act as representatives for transactions and signing of such contracts; at the same time, allocate the quantity of rice under Government contracts to provinces based on the local commercial rice production volume, so that the Chairpersons of provincial People's Committees directly assign enterprises within their provinces to implement; taking into account the interests of the representative enterprises signing the contracts.

3. The export of rice according to the repayment plan or government aid shall be carried out through tendering mechanisms or pursuant to a separate decision of the Prime Minister.

4. To ensure the interests of farmers, stabilize agricultural production and domestic market, reduce difficulties in the production and circulation of rice and fertilizers when there are fluctuations in domestic and international markets, the Prime Minister will consider and decide on necessary measures to effectively intervene in the rice and fertilizer markets.

Article 7. Import of gasoline and fuel

1. In the fourth quarter of each year, the Ministry of Planning and Investment, in collaboration with the Ministry of Trade, shall submit to the Prime Minister for approval the quota for importing gasoline and fuel for domestic consumption in the following year. In cases where it is necessary to adjust the quota for importing gasoline and fuel, the Ministry of Planning and Investment shall consult with the Ministry of Trade and the Ministry of Finance to submit to the Prime Minister for consideration and decision.

2. The Minister of Trade shall decide specifically on the allocation and management of the quota for importing gasoline and fuel. The quota for importing gasoline and fuel shall be allocated to specialized enterprises for implementation.

3. The Ministry of Planning and Investment, in coordination with relevant ministries and sectors, shall closely monitor the supply and demand situation and prices of gasoline and fuel in domestic and international markets, and submit to the Prime Minister for consideration any adjustments to related policies as necessary, to stabilize domestic gasoline and fuel prices, ensure the needs of major production industries, and maintain stable operations in the gasoline and fuel trade.

Article 8. Import of parts for assembling automobiles and two-wheeled motorcycles

1. Foreign-invested enterprises operating in the assembly and production of automobiles and two-wheeled motorcycles may import parts for production and assembly in accordance with the investment license issued, consistent with their production capacity and current national regulations on localization and vehicle standards.

2. Domestic enterprises operating in the production and assembly of automobiles and two-wheeled motorcycles must comply with current national regulations on localization, industrial property rights under Vietnamese and international laws, and quality and safety standards for vehicles. These enterprises may only import parts for production and assembly in accordance with the approved localization program and at registered facilities; they are not allowed to sell parts on consignment or act as agents for importing automobile and motorcycle parts.

The importation of automobile and motorcycle parts may only be conducted through formal customs channels, and payment must be made in accordance with guidelines from the State Bank of Vietnam.

The Prime Minister will issue specific regulations regarding the production and assembly of automobiles and motorcycles, including the manufacture of spare parts, to meet the requirements for the development of the automobile and motorcycle industry in the near future and the operation of this product category; in the meantime, suspend the registration of localization rates for new car brands.

Article 9. On the management of waste materials

The Minister of Science, Technology and Environment shall, based on current laws, specify and announce the List of prohibited imported waste materials; conditions and standards for types of waste materials used as raw materials for domestic production that are permitted to be imported, serving as a basis for enterprises to handle customs procedures at border gates.

Article 10. Re-export of imported materials for which the State guarantees foreign exchange balance

Goods for which the State guarantees foreign exchange balance for import needs, including fuel oil and fertilizers, may only be re-exported when foreign customers ensure payment in freely convertible foreign currency and with the approval of the Ministry of Trade.

Article 11. Special forms of business

To ensure national interests, in cases deemed necessary, the Prime Minister shall consider and decide on the forms of commercial trade operations in certain fields, in certain areas, for specific goods, and for contracts concluded according to agreements between our Government and other Governments regarding trade purchases, debt repayment, and aid.

Article 12. Goods subject to regulation by other management tools

1. During the period from 2001 to 2005, the State will apply tariff quotas, specific duties, anti-dumping duties, countervailing duties, environmental fees, and measures against transfer pricing for certain imported goods to protect domestic production, ensure fair trade, and protect the environment.

2. In 2001, the Ministry of Trade shall take the lead and coordinate with relevant ministries and sectors to develop principles of operation and the List of goods subject to regulation by the tools mentioned in Clause 1 of this Article, and report to the Prime Minister. For measures against transfer pricing, the Ministry of Finance shall study and submit to the Prime Minister for consideration and decision.

Article 13. Export and import of other types of goods.

For goods not listed in Appendix No. 01, Appendix No. 02, Appendix No. 03, and as provided for in this Decision, Vietnamese traders have the right to export and import in accordance with the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective date clause

This Decision shall take effect from May 1, 2001, and shall apply to both export and import trade activities, non-trade goods export and import, and goods export and import in border areas with neighboring countries.

Government-assisted goods, non-government-assisted goods; movable assets, including goods serving the needs of individuals with diplomatic status and personal luggage according to the law, shall be implemented according to separate regulations of the Prime Minister.

Decisions No. 242/1999/QĐ-TTg dated December 30, 1999, Decision No. 237/1999/QĐ-TTg dated December 24, 1999, Decision No. 65/1998/QĐ-TTg dated March 24, 1998, and previous regulations inconsistent with the provisions of this Decision are hereby repealed.

Article 15. Responsibilities for guidance, inspection, and enforcement

1. Circulars guiding this Decision (including attached Appendices) of the ministries and sectors must be issued before April 30, 2001.

2. The Minister of Trade shall be responsible for inspecting and supervising Circulars and documents of relevant ministries and sectors guiding the implementation of this Decision. If the guidance content of ministries and sectors is not consistent with the provisions of this Decision, the Minister of Trade shall report to the Prime Minister to instruct ministries and sectors to adjust accordingly.

3. During the implementation of this Decision, if issues arise beyond the authority of ministries and sectors, the Minister of Trade shall consolidate them and report to the Prime Minister for consideration and decision.

4. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for guiding and enforcing this Decision./.