Circular No. 62/2001/TT-BNN guiding the export and import of goods under the specialized management of agriculture according to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of export and import of goods during the period from 2001 to 2005.

CIRCULAR

OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT NUMBER 62/2001/TT-BNN
DATE JUNE 5, 2001 GUIDING THE EXPORT,
IMPORT OF GOODS UNDER THE SPECIALIZED MANAGEMENT OF THE AGRICULTURAL SECTOR IN ACCORDANCE WITH DECISION 46/2001/QĐ-TTg OF APRIL 4, 2001
OF THE PRIME MINISTER ON THE MANAGEMENT OF EXPORTS,
IMPORTS OF GOODS FOR THE PERIOD 2001 - 2005

Implementing Article 3 and Article 4 of Decision 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of exports and imports of goods for the period 2001 - 2005. The Ministry of Agriculture and Rural Development guides the export and import of goods under the specialized management of the agricultural sector.

PART I
GENERAL PROVISIONS

1. This Circular applies to the export and import of goods under the specialized management of the agricultural sector, including:

- Export of timber, wood products;

- Export of wild animals, rare animals, precious forest plants;

- Import and export of plant and animal seeds;

- Import of veterinary drugs, raw materials for producing veterinary drugs and biological preparations used in veterinary medicine;

- Import of plant protection chemicals, raw materials for producing plant protection chemicals and various types of insects;

- Import of livestock feed and raw materials for producing livestock feed;

- Import of fertilizers and fertilizer preparations;

- Export and import of crop, livestock, and microorganism genetic resources for research and scientific and technological exchange.

2. Goods subject to animal quarantine and plant quarantine shall be carried out in accordance with current laws.

3. Enterprises are responsible for the accuracy of the data declared when importing and exporting and are liable to users for the quality of imported goods in accordance with current Vietnamese law.

PART II
SPECIFIC PROVISIONS

1. Export of timber and wood products

1.1. Timber and wood products from natural forests in Vietnam are prohibited from export, including:

- Round logs of all kinds;

- Sawn timber of all kinds;

- Precious wood products from natural forests in Vietnam belonging to Group IA as defined in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government);

- Firewood and charcoal made from wood or firewood originating from natural forests in Vietnam;

- Types of wood listed in the List of Wild Fauna and Flora Species Prohibited from International Trade under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES).

1.2. Wood products exported under permits or conditions

a. For wood listed in the List of Wild Fauna and Flora Species Subject to Conditional Export (Appendix II of CITES), when exporting, a permit from the CITES Office of Vietnam must be obtained;

b. Precious wood products belonging to Group IIA as defined in Decree 18/HĐBT dated January 17, 1992 may only be exported in the form of fine art and high-end furniture products; when exporting, enterprises must obtain a permit from the local Forest Protection Division.

1.3. Products that can be exported without quantity and value restrictions:

All products made from wood not specified in Clause 1.1, Clause 1.2, and products from plantation forests (excluding round logs and sawn timber) are allowed to be exported without quantity and value restrictions; when exporting, enterprises only need to complete customs procedures at the border gate and present a confirmation record issued by the local Forest Protection Station where the harvesting took place.

1.4. Round logs and sawn timber from plantation forests and imported:

a. For round logs and sawn timber from plantation forests:

For round logs and sawn timber of all kinds from plantation forests, enterprises are allowed to export without quantity and value restrictions; when exporting, enterprises only need to complete customs procedures at the border gate and present a confirmation record issued by the local Forest Protection Station where the harvesting took place.

b. For round logs and sawn timber from imported sources:

- In cases where enterprises import for production and business but do not use them and re-export, when completing export procedures, enterprises only need to present the import declaration form issued by the customs office at the port of entry according to current regulations;

- In cases where enterprises entrust other enterprises to import wood, when exporting, they must have a power of attorney contract and a copy of the import declaration form confirmed by the entrusted enterprise;

- In cases where enterprises export wood purchased from import enterprises for re-export, when completing export procedures, they must have:

+ A purchase and sale contract between the two units;

+ A copy of the import declaration form confirmed by the local Forest Protection Station where the selling enterprise is located, with the volume sold deducted from the copy;

- In cases where short-cut or sawn timber is cut from imported round logs, a confirmation record from the local Forest Protection Station and a stamp of the Vietnamese Customs Hammer must be provided on the wood;

- All round logs and sawn timber from imported sources must bear the stamp of the exporting country (if the exporting country does not have a hammer stamp, it must be stamped with the Vietnamese Customs Hammer according to regulations and a specific hammer model).

2. Export of wild animals, rare animals, and precious forest plants.

2.1. Prohibition of commercial export of the following wild animals and precious forest plants:

a. Wild animals and precious forest plants already defined in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government);

b. Common wild animals directly harvested or caught from nature as stipulated in Directive No. 359/TTg dated May 29, 1996 of the Prime Minister;

c. Wild animals and plants listed in Appendix I of CITES;

d. Wild animals that are natural enemies of rats as stipulated in Directive No. 9/1998/CT-TTg dated February 18, 1998 of the Prime Minister and Decision No. 140/2000/QĐ-BNN-KL dated December 21, 2000 of the Minister of Agriculture and Rural Development on the publication of a list of some wild animals that are natural enemies of rats;

đ. Agarwood oil (wind bầu) and eaglewood oil according to Decision No. 45/1999/QĐ-BNN-KL dated March 2, 1999 of the Ministry of Agriculture and Rural Development.

2.2. Wild animals, rare animals, and precious forest plants can be exported under the following conditions:

a. For wild animals and precious forest plants already defined in Points a and c of Clause 2.1, when exported for scientific research or international cooperation, permission from the Ministry of Agriculture and Rural Development must be obtained; specifically, those belonging to Group I of Decree No. 18/HĐBT dated January 17, 1992 must be approved by the Prime Minister.

b. For wild animal species and rare forest plants specified in Points a, b, and d of Clause 2.1 that are bred and developed at farms or households, products from the F2 generation onwards may be exported upon confirmation by the local Forest Protection Sub-Office; the CITES Vietnam Office shall issue export permits based on such confirmation.

c. For wild animal species specified in Point c of Clause 2.1 that are bred and produced at farms from the F2 generation onwards, the following conditions must be met:

- The farm must be recognized by the international CITES;

- There must be a quota issued by the international CITES;

- The CITES Vietnam Office shall process the issuance of export permits based on these conditions.

2.3. Importation of wild animal species and rare forest plants specified in Point c of Clause 2.1: shall be subject to the issuance of import permits by the CITES Vietnam Office. issue permits.

3. Export and import of plant and animal breeding stock.

3.1. Export of plant and animal breeding stock.

a. Prohibited export of rare plant and animal breeding stock listed in the Catalogue of Prohibited Exported Plant Breeding Stock and the Catalogue of Prohibited Exported Animal Breeding Stock issued by the Ministry of Agriculture and Rural Development under Decision No. 58/2001/QĐ-BNN-KNKL dated May 23, 2001.

b. For other types of plant and animal breeding stock not included in the aforementioned catalogues, when exporting, enterprises only need to handle customs procedures at the border gate.

3.2. Import of plant and animal breeding stock.

a. For plant and animal breeding stock listed in the Catalogue of Imported Plant Breeding Stock and the Catalogue of Imported Animal Breeding Stock issued by the Ministry of Agriculture and Rural Development under Decision No. 58/2001/QĐ-BNN-KNKL dated May 23, 2001, enterprises importing such stock must have documentation regarding origin, pedigree, usage instructions, and only need to handle customs procedures at the border gate.

b. For plant and animal breeding stock outside the aforementioned catalogues, when importing, a testing permit must be obtained from the Department of Agricultural Extension and Forestry Extension under the Ministry of Agriculture and Rural Development. Based on the testing results, the Ministry of Agriculture and Rural Development will supplement the Catalogue of Imported Plant Breeding Stock and Imported Animal Breeding Stock in Vietnam.

c. For embryos, livestock semen, and poultry eggs when importing, a permit must be obtained from the Department of Agricultural Extension and Forestry Extension under the Ministry of Agriculture and Rural Development.

4. Import of veterinary drugs, raw materials for veterinary drug production, and biological products used in veterinary medicine.

a. For types listed in the Catalogue of Veterinary Drugs and Raw Materials for Veterinary Drug Production Permitted for Import into Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 45/2001/QĐ-BNN-TY dated April 18, 2001, enterprises importing such items only need to handle customs procedures at the border gate.

b. Types of veterinary drugs, raw materials for veterinary drug production, and biological products used in veterinary medicine outside the aforementioned catalogue must obtain a testing permit from the Department of Animal Health under the Ministry of Agriculture and Rural Development according to regulations for each type. Based on the testing results, the Ministry of Agriculture and Rural Development will supplement the Catalogue of Veterinary Drugs, Raw Materials for Veterinary Drug Production, and Biological Products Used in Veterinary Medicine permitted for import into Vietnam.

c. For various vaccines, when importing, a permit must be obtained from the Department of Animal Health under the Ministry of Agriculture and Rural Development.

5. Import of plant protection chemicals, raw materials for plant protection chemical production, and insects used in plant protection.

a. For types listed in the Catalogue of Plant Protection Chemicals Permitted for Use in Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 17/2001/QĐ-BNN-BVTV dated March 6, 2001, enterprises importing such items only need to handle customs procedures at the border gate.

b. Prohibited import of types listed in the Catalogue of Plant Protection Chemicals Prohibited for Use in Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 17/2001/QĐ-BNN-BVTV dated March 6, 2001.

c. For types listed in the Catalogue of Plant Protection Chemicals Restricted for Use in Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 17/2001/QĐ-BNN-BVTV dated March 6, 2001, the Ministry of Agriculture and Rural Development announces the quantity allowed for import annually. Enterprises meeting the business conditions for this type of chemical can register with the Department of Plant Protection under the Ministry of Agriculture and Rural Development to obtain an import permit.

d. Types of plant protection chemicals, raw materials for plant protection chemical production, and various insects used in plant protection not included in the aforementioned catalogues, the Department of Plant Protection under the Ministry of Agriculture and Rural Development will issue a testing permit according to regulations for each type. Based on the testing results, the Ministry of Agriculture and Rural Development will supplement the Catalogue of Plant Protection Chemicals and Raw Materials for Plant Protection Chemical Production permitted for use in Vietnam.

6. Import of livestock feed and raw materials for livestock feed production.

a. For products listed in the Catalogue of Livestock Feed and Raw Materials for Livestock Feed Production Permitted for Import into Vietnam during the period 2001-2005 issued by the Ministry of Agriculture and Rural Development under Decision No. 55/2001/QĐ/BNN-KNKL dated May 11, 2001, enterprises importing such items only need to handle customs procedures at the border gate.

b. Prohibited import of types listed in the Catalogue of Livestock Feed and Raw Materials for Livestock Feed Production Prohibited for Import into Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 55/2001/QĐ/BNN-KNKL dated May 11, 2001.

c. Types of livestock feed and raw materials for livestock feed production not included in the aforementioned catalogues, when importing, must obtain a testing permit from the Department of Agricultural Extension and Forestry Extension under the Ministry of Agriculture and Rural Development according to regulations for each type. Based on the testing results, the Ministry of Agriculture and Rural Development will supplement the Catalogue of Livestock Feed and Raw Materials for Livestock Feed Production permitted for import into Vietnam. The Ministry of Agriculture and Rural Development shall issue in accordance with the regulations for each type. Based on the results of trials, the Ministry of Agriculture and Rural Development will supplement the list of livestock feed and raw materials for producing livestock feed that are permitted to be imported into Vietnam.

7. Import of fertilizers and fertilizer formulations.

a. For types of fertilizers and fertilizer formulations listed in the Catalogue of Fertilizers and Fertilizer Formulations Used and Circulated in Vietnam issued by the Ministry of Agriculture and Rural Development under Decisions No. 123/1998/QĐ-BNN-KHCN dated August 25, 1998, No. 219/1998/QĐ-BNN-KHCN dated December 30, 1998, and No. 12/2000/QĐ-BNN-KHCN dated February 15, 2000, enterprises importing such items only need to handle customs procedures at the border gate.

b. Types of fertilizers and fertilizer formulations not included in the aforementioned catalogues, when importing, must obtain a testing permit from the Department of Agricultural Extension and Forestry Extension under the Ministry of Agriculture and Rural Development according to regulations for each type. Based on the testing results, the Ministry of Agriculture and Rural Development will supplement the Catalogue of Fertilizers and Fertilizer Formulations permitted for use and circulation in Vietnam.

8. Exporting and importing plant, animal, and microorganism genetic resources for research and scientific and technical exchange purposes.

All objects that are plant, animal, and microorganism genetic resources, and new biological products used in agriculture for research, testing, and scientific and technical exchange purposes when exporting and importing must be permitted by the Directorate of Agricultural Extension and Forestry under the Ministry of Agriculture and Rural Development. 1. The agencies receiving and processing applications for export and import permits and trial permits are as follows:

CHAPTER III
IMPLEMENTING PROVISIONS

a. Local Forest Protection Sub-Office: cases specified in Point b Clause 1.2 - Section 1 of Chapter II.

b. Forest Protection Department (No. 2 Ngoc Ha Street, Ba Dinh District, Hanoi, telephone 7335674, fax 7335685): cases specified in Point a Clause 1.2 - Section 1, Clause 2.2 and Clause 2.3 - Section 2 of Chapter II;

c. Directorate of Agricultural Extension and Forestry (No. 2 Ngoc Ha Street, Ba Dinh District, Hanoi, telephone 8234651, fax 8236403) or its representative office in Ho Chi Minh City (No. 12 Phung Khac Khoan Street, Ho Chi Minh City, telephone 088.243.870 and 088.293.280): cases specified in Points b and c - Clause 3.2 - Section 3 (excluding crop and livestock breeds regulated by Decree 18/CP dated January 17, 1992 and CITES regulations which must be submitted to the Forest Protection Department), Point c Section 6, Point b -

Section 7 and Section 8 of Chapter II; d. Animal Health Department (Phuong Mai Ward, Dong Da District, Hanoi, telephone 8696788, fax 8691311) or its permanent office in Ho Chi Minh City (No. 521 Hoang Van Thu Street, Tan Binh District, Ho Chi Minh City, telephone 08.8444024, fax 08.8569050): cases specified in Points b and c - Section 4 of Chapter II

e. Plant Protection Department (No. 149 Ho Dac Di Street, Dong Da District, Hanoi, telephone 8519451, fax 5330043) or its representative office in Ho Chi Minh City (No. 28 Mac Dinh Chi Street, District 1, Ho Chi Minh City, telephone 8221413, fax 8244187): cases specified in Points

c and d - Section 5 of Chapter II; 2. Application forms: In accordance with the application forms issued by the specialized management agencies of the Ministry of Agriculture and Rural Development.

3. Time limit for processing applications: Within seven working days from the date of receipt of a valid application, the agencies receiving applications as stated in Section 1 of this Chapter must issue a written response.

4. Effective implementation.

This Circular replaces Circular No. 41/2000/TT-BNN-KH dated April 13, 2000 of the Ministry of Agriculture and Rural Development on guidelines for the export and import of goods subject to specialized agricultural management.

During implementation, if there are any difficulties, organizations and individuals should promptly report them to the Ministry of Agriculture and Rural Development for consideration and resolution.

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

During implementation, if there are any difficulties, organizations and individuals shall promptly report to the Ministry of Agriculture and Rural Development for consideration and resolution.