JOINT CIRCULAR NO. 62-TTLB/NgT-TCHQ ON THE IMPLEMENTATION OF EXPORT AND IMPORT LICENSE REGIME FOR GOODS

JOINT CIRCULAR

||| MINISTRY OF FOREIGN TRADE - GENERAL CUSTOMS DEPARTMENT DECISION NO. 62-TTLB/NGT-TCHQ OF JUNE 22, 1985 ON THE IMPLEMENTATION OF THE EXPORT AND IMPORT LICENSE REGIME FOR GOODS

Pursuant to Decision No. 128-HĐBT dated April 30, 1985 of the Council of Ministers on state management by the Ministry of Foreign Trade over export and import activities and organizations;
Pursuant to Decision No. 139-HĐBT dated October 20, 1984 of the Council of Ministers on the tasks, powers, and organization of the General Customs Department;
BASED ON THE CUSTOMS REGULATIONS ISSUED BY THE STATE COUNCIL ACCOMPANIED WITH THE DECREES NO. 3-CP OF FEBRUARY 27, 1960;
To clarify the responsibilities and powers between the Ministry of Foreign Trade and the General Customs Department in implementing the export and import license regime, the Ministry of Foreign Trade and the General Customs Department issue this joint circular for relevant organizations under ministries, general departments, provincial people's committees, centrally-administered cities and special administrative regions, and private organizations to implement.

I. RESPONSIBILITIES AND POWERS OF THE MINISTRY OF FOREIGN TRADE AND THE GENERAL CUSTOMS DEPARTMENT IN ESTABLISHING AND IMPLEMENTING THE EXPORT AND IMPORT LICENSE REGIME

1. Scope of responsibility:

1.1- The Ministry of Foreign Trade shall prescribe the issuance of export and import licenses for:

- Goods and services specified in Article 2 and Article 3 of the regulations promulgated together with Decision No. 128-HĐBT dated April 30, 1985 of the Council of Ministers, within the scope of business permitted for export-import organizations based on foreign trade purchase-sale contracts, consistent with central, local, sectoral state plans, or organizations directly authorized to export and import, including export goods related to the export-import business of such organizations such as samples, goods for exhibitions, advertising goods;

- Goods imported using foreign currency loans or aid;

- Transit goods.

1.2- The General Customs Department shall prescribe the issuance of export and import licenses for:

- Goods and items (including cultural products) exported or imported not listed in central, local, sectoral state plans, or organizations directly authorized to export and import, belonging to agencies, mass organizations, or domestic and foreign private ownership, exported or imported in forms such as luggage, gifts, personal effects, relief supplies; foreign samples, promotional items, exhibition goods sent to Vietnam; goods exchanged by people in border areas between Vietnam and other countries, goods of diplomatic missions and international organizations in Vietnam (previously known as non-trade goods);

- Temporarily exported or imported goods and goods transiting through Vietnam.

2. Powers:

2.1- The Ministry of Foreign Trade shall issue procedures for applying for and issuing licenses, issue and manage application forms for export and import licenses, and organize the implementation of the issuance of export and import licenses for goods listed in point I (1.1).

2.2- The General Customs Department shall issue procedures for applying for and issuing licenses, issue and manage application forms for export and import licenses, and organize the implementation of the issuance of export and import licenses for goods and items listed in point I (1.2), and specify detailed procedures for inspection and management of export and import goods.

II. RELATIONS BETWEEN THE MINISTRY OF FOREIGN TRADE AND THE GENERAL CUSTOMS DEPARTMENT IN ISSUING EXPORT AND IMPORT LICENSES FOR GOODS

1- All goods when exported and imported through customs checkpoints are subject to customs inspection and management. The checkpoint customs only process export and import procedures for goods listed in the licenses issued by the Ministry of Foreign Trade or the General Customs Department.

In cases where goods are exported or imported without a license or with a license issued beyond authority, goods that do not comply with the license or whose license has expired, the checkpoint customs will not allow export or import, but must prepare a record for handling and report immediately to the General Customs Department via the fastest means.

2- For a license that implements multiple trips, after each trip, the checkpoint customs will confirm simultaneously on all three copies of the owner. When the license expires, the checkpoint customs will confirm on all three copies of the export and import license and they will be used as follows:

- One copy sent back to the General Customs Department by the checkpoint customs;

- One copy sent back to the Ministry of Foreign Trade (the issuing authority) by the owner;

- One copy retained by the owner.

3- In cases where the Ministry of Foreign Trade deems it necessary to immediately suspend the implementation of an export or import license issued by the Ministry of Foreign Trade, the Ministry of Foreign Trade shall instruct the relevant export-import organization and notify the General Customs Department to instruct the checkpoint customs to enforce it.

III. HANDLING VIOLATIONS

1- Any export or import of goods without a license and any violation of the export and import license regime shall be handled according to customs laws and current laws.

2- Handling of violations of exporting or importing goods without a license and violating the export and import license regime for goods falls under the jurisdiction of the General Customs Department.

3- Monthly, the General Customs Department shall inform the Ministry of Foreign Trade about cases of exporting or importing goods without a license and violations of the license regime by central, local, and sectoral export-import organizations, as well as the forms of handling these cases so that the Ministry of Foreign Trade can take timely corrective measures.

IV - EFFECTIVE PROVISIONS

1- Previous regulations of the Ministry of Foreign Trade and the General Customs Department regarding the implementation of the export and import license regime for goods that conflict with this circular are hereby abolished.

During the course of implementation, if there are any difficulties, please promptly report to the Ministry of Labor, War Invalids and Social Affairs for study and resolution./.