Joint Circular No. 47/2011/TTLT-BCT-BTNMT stipulates the management of import, export, and temporary import for re-export of ozone-depleting substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer.

JOINT CIRCULAR

Regulations on the management of import, export, and temporary import-re-export of ozone-depleting substances

in accordance with the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer

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Based on the Vienna Convention on the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, and the amending and supplementary documents to the Montreal Protocol which have been approved for participation by the Socialist Republic of Vietnam;

Pursuant to DecreeDecision No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decision No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decision No. 189/2007/NĐ-CP dated December 27, 2007 of the Government regarding the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decision No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

On the basis of Decision No. 19/2010/NĐ-CP dated March 5, 2010 of the Government amending Points c, d, g, h, and i Clause 5 Article 2 of Decision No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

On the basis of Decision No. 89/2010/NĐ-CP dated August 16, 2010 of the Government amending Article 3 Decree of Decision No.

25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 41/2005/QĐ-TTg dated March 2, 2005 of the Prime Minister promulgating the Import Permit Issuance Regulation;

Based on Decision No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce concerning international trade activities and foreign-related purchasing, selling, processing, and transiting goods;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures and formalities for issuing import permits, temporary import-re-export permits, and registration confirmation for import and export activities of ozone-depleting substances under the Montreal Protocol on Substances that Deplete the Ozone Layer (referred to herein as the Protocol).

2. This Circular applies to traders participating in import, export, and temporary import-re-export activities of ozone-depleting substances and related organizations and individuals.

The ozone-depleting substances subject to management under this Circular are:

a) Hydrochlorofluorocarbons (hereinafter referred to as HCFCs) listed in Appendix I of this Circular.

b) Pre-mixed HCFC-141b Polyol.

Article 2. Principles for managing import, export, and temporary import-re-export of ozone-depleting substances

1. Traders may only be permitted to import, export, and temporarily import-re-export ozone-depleting substances from member countries of the Protocol. The Ministry of Natural Resources and Environment shall be responsible for announcing and updating the list of Protocol member countries on its website.

2. HCFCs listed in Appendix I of this Circular shall be managed through import quotas according to the phase-out schedule set forth by the Protocol and bilateral agreements on financial support for the phase-out of HCFCs between Vietnam and the Multilateral Fund for the Implementation of the Protocol.

3. The management of import, export, and temporary import-re-export of HCFCs listed in Appendix I and the import of pre-mixed HCFC-141b Polyol shall be carried out according to the following principles:

a) Traders importing and exporting ozone-depleting substances must register with the Ministry of Natural Resources and Environment and obtain confirmation of their registration from the Ministry. The Ministry of Natural Resources and Environment will confirm the quantity of HCFC imports registered by traders based on the HCFC import quotas specified in Article 3 and the average volume of actual imports over the past three years prior to the year of the trader's application for import.

b) The import of HCFCs listed in Appendix I shall be conducted based on import permits issued by the Ministry of Industry and Trade, based on the confirmation of HCFC import registration by the Ministry of Natural Resources and Environment.

c) The temporary import-re-export of HCFCs listed in Appendix I shall be conducted based on permits issued by the Ministry of Industry and Trade.

d) The import of pre-mixed HCFC-141b Polyol and the export of HCFCs listed in Appendix I shall be conducted based on the registration of traders confirmed by the Ministry of Natural Resources and Environment.

Chapter II

QUOTA AND

PROCEDURES FOR IMPORTING HCFCS

Article 3. Import Quotas for HCFCs

1. The Ministry of Industry and Trade shall issue import quotas for HCFCs listed in Appendix I of this Circular in accordance with Vietnam's phase-out obligations. The annual import quotas from January 1, 2012 to December 31, 2019 for each group of HCFCs shall be as follows:

Unit of measurement: tons

2. For the years 2016 to 2019, the import quotas for HCFCs listed in Appendix I will be reduced accordingly for substances that traders have completed the production conversion process to alternative substances provided by the Multilateral Fund under the Protocol through financial and technological support. Before November 31 of each year, the Ministry of Natural Resources and Environment shall send a written notice to the Ministry of Industry and Trade regarding the actual amount of HCFCs phased out in Vietnam. By January 31 of the following year, the Ministry of Industry and Trade shall announce the reduction in import quotas for HCFCs listed in Appendix I based on the notification from the Ministry of Natural Resources and Environment.

3. For the years after 2019, the import quotas for HCFCs listed in Appendix I shall be updated by the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment based on the results of the HCFC phase-out in Vietnam and the decisions of the Protocol member countries.

4. Import quotas for HCFCs listed in Appendix I may not be transferred and can only be implemented for importation into Vietnam during the year in which they are issued.

5. Traders who import HCFCs listed in Appendix I according to the quota but then export them (directly or through agents) and wish to import again shall be considered for additional quota issuance not exceeding the exported quantity.

Article 4. Procedures for Importing HCFCs

1. Registration Confirmation Procedures for Importing HCFCs at the Ministry of Natural Resources and Environment

a) Traders shall submit one (01) set of registration documents for importing HCFCs listed in Appendix I via postal service to the Ministry of Natural Resources and Environment, including:

- Three (03) original copies of the application form for importing HCFCs (as specified in Appendix II of this Circular).

- A copy of the business registration certificate or investment certificate or business license, certified and stamped as true copy by the trader.

In cases stipulated in Clause 5, Article 3, in addition to the above documents, traders shall submit sales invoices and customs declaration forms for exported goods, certified as completed customs procedures by the exporting trader (a certified and stamped true copy by the trader), to the Ministry of Natural Resources and Environment to obtain confirmation for importation.

b) Within seven (07) working days from the date of receiving complete and valid documents from the trader, the Ministry of Natural Resources and Environment shall confirm importation on three (03) copies of the HCFC import application forms, two (02) of which shall be sent to the trader via postal service. The confirmation of the Ministry of Natural Resources and Environment includes the following contents: exporting country, substance name, chemical name, chemical formula, ASHRAE number (for refrigerants), quantity, and HS code.

If the import confirmation is denied, the Ministry of Natural Resources and Environment shall notify the trader in writing within seven (07) working days from the date of receipt of the trader's documents, stating the reasons.

2. Issuance Procedures for Import Permits for HCFCs at the Ministry of Industry and Trade

a) Traders shall submit one (01) set of application documents for issuing import permits for HCFCs listed in Appendix I via postal service to the Ministry of Industry and Trade, including:

- One (01) original copy of the HCFC import application form confirmed by the Ministry of Natural Resources and Environment.

- A copy of the import contract, certified and stamped as true copy by the trader.

- A copy of the business registration certificate or investment certificate or business license, certified and stamped as true copy by the trader.

b) Within seven (07) working days from the date of receiving complete and valid documents from the trader, the Ministry of Industry and Trade shall issue an import permit to the trader according to the model specified in Appendix III of this Circular and send the import permit to the trader via postal service.

If the issuance of the import permit is denied, the Ministry of Industry and Trade shall notify the trader in writing within seven (07) working days from the date of receipt of the trader's documents, stating the reasons.

3. Documents Submitted by Traders to Customs Authorities for Importing HCFCs

When submitting documents for importing HCFCs listed in Appendix I, traders shall provide the following documents to the Customs Authorities:

a) One (01) original copy of the import permit issued by the Ministry of Industry and Trade according to the model specified in Appendix III of this Circular;

b) Other documents as required by customs laws.

Chapter III

PROCEDURES FOR IMPORTING PRE-MIXED POLYOLS WITH HCFC-141B, EXPORTING AND TEMPORARY IMPORTATION - REEXPORT OF HCFCs

Article 5. Import procedures for pre-mixed polyol HCFC-141b

1. Procedure for confirmation of registration for importing pre-mixed polyol HCFC-141b at the Ministry of Natural Resources and Environment

a) The trader sends one (01) set of documents comprising three (03) original copies of the import registration form for pre-mixed polyol HCFC-141b according to the model specified in Appendix IV of this Circular via postal service to the Ministry of Natural Resources and Environment.

b) Within seven (07) working days from the date of receipt of complete and valid documents from the trader, the Ministry of Natural Resources and Environment confirms on three (03) import registration forms for pre-mixed polyol HCFC-141b, two (02) of which are sent to the trader via postal service. The confirmation of the Ministry of Natural Resources and Environment includes the following contents: exporting country, quantity, and HS code.

If the import confirmation is denied, the Ministry of Natural Resources and Environment shall notify the trader in writing within seven (07) working days from the date of receipt of the trader's documents, stating the reasons.

2. Documents submitted by traders to customs authorities when handling import procedures for pre-mixed polyol HCFC-141b

When handling import procedures for pre-mixed polyol HCFC-141b, traders submit the following documents to customs authorities:

a) One (01) original copy of the trader's import registration form with confirmation from the Ministry of Natural Resources and Environment according to the model specified in Appendix IV of this Circular;

b) Other documents as required by customs laws.

Article 6. Export procedures for HCFC substances

1. Procedure for confirmation of registration for exporting HCFC substances at the Ministry of Natural Resources and Environment

a) The trader sends one (01) set of documents comprising three (03) original copies of the export registration form for HCFC substances listed in Appendix I according to the model specified in Appendix V of this Circular via postal service to the Ministry of Natural Resources and Environment.

b) Within seven (07) working days from the date of receipt of complete and valid documents from the trader, the Ministry of Natural Resources and Environment confirms on three (03) export registration forms for HCFC substances, two (02) of which are sent to the trader via postal service. The confirmation of the Ministry of Natural Resources and Environment includes the following contents: importing country, substance name, chemical name, chemical formula, Ashrae number (used for refrigerant), quantity, and HS code.

In case of refusal to confirm the export, the Ministry of Natural Resources and Environment informs the trader in writing and specifies the reasons within seven (07) working days from the date of receipt of the trader's documents.

2. Documents submitted by traders to customs authorities when handling export procedures for HCFC substances

When handling export procedures for HCFC substances listed in Appendix I, traders submit the following documents to customs authorities:

a) One (01) original copy of the trader's export registration form for HCFC substances with confirmation from the Ministry of Natural Resources and Environment according to the model specified in Appendix V of this Circular;

b) Other documents as required by customs laws.

Article 7. Temporary import-re-export procedures for HCFC substances

1. Procedure for issuing temporary import-re-export permits for HCFC substances at the Ministry of Industry and Trade

a) The trader sends one (01) set of application documents for issuing temporary import-re-export permits for HCFC substances listed in Appendix I via postal service to the Ministry of Industry and Trade, including:

- Application form for issuing temporary import-re-export permits for HCFC substances listed in Appendix I according to the model specified in Appendix VI of this Circular

- A copy of the business registration certificate or investment certificate or business license, certified and stamped as true copy by the trader.

- Purchase contract and sales contract: One (01) certified copy stamped as true copy by the trader for each type.

b) Within seven (07) working days from the date of receipt of complete and valid documents from the trader, the Ministry of Industry and Trade issues the permit to the trader.

In case of refusal to issue the permit, the Ministry of Industry and Trade informs the trader in writing and specifies the reasons within seven (07) working days from the date of receipt of the trader's documents.

2. Documents submitted by traders to customs authorities when handling temporary import-re-export procedures for HCFC substances

When handling temporary import-re-export procedures for HCFC substances listed in Appendix I, traders submit the following documents to customs authorities:

a) One (01) original copy of the temporary import-re-export permit for HCFC substances issued by the Ministry of Industry and Trade.

b) Other documents as required by customs laws.

Chapter IV

IMPLEMENTATION

Article 8. Reporting System

Traders implement the reporting system on the implementation of import, export, and temporary import-re-export procedures for HCFC substances, import of pre-mixed polyol HCFC-141b according to the model specified in Appendix VII of this Circular to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment as follows:

1. Quarterly reports on imports and temporary import-re-export of HCFC substances based on import and temporary import-re-export permits issued by the Ministry of Industry and Trade are submitted before the fifth day of the next quarter.

2. Annual reports (including copies of customs declarations) on the implementation of imports and temporary import-re-exports of HCFC substances based on permits issued by the Ministry of Industry and Trade; imports of pre-mixed polyol HCFC-141b, and exports of HCFC substances confirmed by the Ministry of Natural Resources and Environment are submitted before January 31 each year.

In cases where necessary, traders report in writing upon request by the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment on matters related to imports, exports, and temporary import-re-exports of HCFC substances, and imports of pre-mixed polyol HCFC-141b.

Article 9. Effective Date

1. This Circular takes effect from January 1, 2012, and replaces Circular Joint No. 14/2005/TTLT-BTM-BTNMT dated July 11, 2005, of the Ministry of Trade and the Ministry of Natural Resources and Environment guiding the management of imports, exports, and temporary import-re-exports of ozone-depleting substances under the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer.

2. During the implementation of this Circular, if any difficulties arise, traders, organizations, or individuals concerned shall reflect them in writing to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment for consideration and guidance./.