Circular No. 77/TM-TCHQ guides the adjustment and supplementation of regulations on the implementation of Government Decree No. 89/CP to facilitate the import and export activities of enterprises. The main contents include management of processing contracts, import and export commodity sectors, adjustment of consumer goods categories, and provisions on tolerance for goods.
适用范围
Enterprises with import and export business licenses
要点
- For all Vietnamese enterprises' export processing contracts with foreign entities, they are all approved by the Ministry of Trade. Supplementary accessories without content related to machinery and equipment and not modifying commercial terms are directly processed by the enterprise at the Customs Office; supplementary accessories containing content related to machinery and equipment or changing commercial terms require approval from the Ministry of Trade.
- To encourage exports, commodities such as rubber, tea, aquatic products, pepper, cashew nuts can only be exported within the scope of the commodity sector specified in the business license. Other commodities may be exported based on demand except those that must go through designated channels or have permission documents issued by the Ministry of Trade.
- Supplementing construction materials into the category of production materials, supplies, and raw materials under Item 1, Part II of Appendix 1 attached to Circular No. 07 TM/TCHQ dated April 13, 1996.
- For goods not within the scope of permission granted by the Ministry of Trade, enterprises are allowed to import and export according to actual quantities. For goods with international trade tolerance such as steel, cement, clinker, sugar, fertilizers, rice, when exporting and importing the final consignment, a tolerance of ±5% is permitted.
- The Ministry of Trade will continue to work with relevant ministries to specify the specialized goods list and management mechanisms for these items.
🌐 本文件的社会影响
- Facilitating the import and export activities of enterprises through adjustments and supplements to regulations.
- Reducing administrative burdens for enterprises, particularly in managing export processing contracts.
- Strongly encouraging the export of certain commodities such as rubber, tea, aquatic products, pepper, cashew nuts.
❓ 常见问题
What should enterprises do when they have export processing contracts?
All export processing contracts must be approved by the Ministry of Trade. Supplementary accessories without content related to machinery and equipment and not modifying commercial terms are directly processed by the enterprise at the Customs Office; supplementary accessories containing content related to machinery and equipment or changing commercial terms require approval from the Ministry of Trade.
Which goods can be exported based on demand?
Commodities such as rubber, tea, aquatic products, pepper, cashew nuts can only be exported within the scope of the commodity sector specified in the business license. Other commodities may be exported based on demand except those that must go through designated channels or have permission documents issued by the Ministry of Trade.
Which goods are allowed a tolerance of ±5%?
For goods such as steel, cement, clinker, sugar, fertilizers, rice, when exporting and importing the final consignment, a tolerance of ±5% is permitted. Other goods requiring permits, enterprises must import and export according to the value and quantity stated on the permit.
What will the Ministry of Trade do to specify the specialized goods list?
The Ministry of Trade will continue to work with relevant ministries to specify the specialized goods list and management mechanisms for these items.
When does this circular take effect?
This circular takes effect from August 15, 1996, replacing corresponding provisions in Joint Circulars of the Ministry of Trade - General Department of Customs No. 01 TM/TCHQ dated January 20, 1996, and No. 07 TM/TCHQ dated April 13, 1996.
全文
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MINISTRY OF TRADE - GENERAL DEPARTMENT OF CUSTOMS CUSTOMS |
SOCIALIST REPUBLIC OF VIETNAM |
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No.: 77-TM/TCHQ |
Hanoi, July 29, 1996 |
JOINT CIRCULAR
OF THE MINISTRY OF TRADE - GENERAL DEPARTMENT OF CUSTOMS NO. 77 TM/TCHQ ON JULY 29
1996 GUIDING THE AMENDMENT AND SUPPLEMENTATION OF THE REGULATIONS OF THE MINISTRY OF TRADE - GENERAL DEPARTMENT OF CUSTOMS ON THE IMPLEMENTATION OF DECREE 89/CP OF THE GOVERNMENT
On May 15, 1995
Regarding the abolition of procedures for issuing permits for the import and export of goods on a voyage-by-voyage basis, the procedures for the import and export of goods on a voyage-by-voyage basis by enterprises have gradually stabilized. The business of importing and exporting goods by enterprises has become more favorable. However, there are still some difficulties that need to be continued to be resolved to further facilitate the activities of importing and exporting goods by enterprises - The Ministry of Trade - General Department of Customs agree to amend and supplement as follows:
1. Regarding processing for foreign countries:
1.1. All contracts for processing export goods of Vietnamese enterprises for foreign countries shall be approved by the Ministry of Trade.
For additional accessories of contracts for processing that have been approved by the Ministry of Trade which do not contain content about machinery and equipment and do not modify the commercial terms of the contract, enterprises directly go to the customs authority to handle import and export procedures.
For additional accessories of contracts for processing containing content about machinery and equipment and changing the content and commercial terms of the contract approved by the Ministry of Trade.
1.2. The processing of export goods by enterprises with foreign investment capital shall be approved by the Ministry of Trade for the contract and accessories of the contract.
2. Regarding commodity groups for import and export:
2.1. In order to strongly encourage exports, enterprises with formal import and export business licenses (type 7 number) in production form may export according to demand except for goods that must go through intermediaries or require permission documents from the Ministry of Trade or other Ministries. Some goods such as rubber, tea, aquatic products, pepper, cashew nuts, peanuts can only be exported within the scope of commodity groups specified in the import and export business license.
2.2. Add construction materials to the category of production materials, raw materials, and auxiliary materials at item 1, part II of Appendix No. 1 attached to Circular 07 TM/TCHQ dated April 13, 1996.
2.3 In the list and commodity codes of consumer goods in Appendix No. 2 attached to Joint Circular of the Ministry of Trade - General Department of Customs No. 07 TM/TCHQ dated April 13, 1996, the following adjustments are made:
a. Remove the groups of goods: Children's toys, musical instruments, sports equipment, optical items, industrial fans, high-pressure lamps, specialized lamps, and milk powder raw materials from the list of consumer goods.
b. Remove the (...) noted at the end of the electrical goods (point 1) and electronic goods (point 2) sections of the consumer goods list.
3. Amend Point 4 of Circular No. 01 TM/TCHQ dated January 20, 1996 as follows:
Enterprises with branches or subordinate units (referred to as branches) who have previously handled import and export procedures under the authorization of the Director, if they wish to export or import goods within the quota allocated by the Ministry of Trade to the enterprise, the Director or Deputy Director of the enterprise shall issue a document allocating the quota to the branch and bear legal responsibility for this allocation, while sending a copy each to the Ministry of Trade and the General Department of Customs for comparison and monitoring. The total quantity or value of goods allocated shall not exceed the permitted quota of the Ministry of Trade.
When handling customs procedures, enterprises only need to present the quota allocation document issued by the Director and a photocopied permit document from the Ministry of Trade confirmed by the signature and seal of the Director or Deputy Director of the enterprise.
4. Regarding tolerance in import and export goods:
For goods that are not within the scope of permission granted by the Ministry of Trade, enterprises may import and export based on the actual quantity of goods imported and exported.
For goods that have international trade tolerance and are subject to the Ministry of Trade's permit, including steel, cement, clinker, sugar, fertilizers, rice, when importing and exporting the final consignment, a tolerance of ± 5% (of the quantity of the final consignment) is allowed. For other goods subject to permits, enterprises shall import and export according to the value and quantity stated on the permit.
5. The Ministry of Trade will continue to work with relevant ministries to further specify the list of specialized goods and management mechanisms for these goods.
6. The General Department of Customs will continue to review guiding and directing documents, correct the implementation by subordinate customs authorities regarding customs procedures, import and export taxes, fees, administrative penalties, and commodity inspection... to create favorable conditions for enterprises in their import and export business activities.
This circular takes effect from August 15, 1996 and replaces the corresponding provisions in Joint Circulars No. 01 TM/TCHQ dated January 20, 1996, No. 07 TM/TCHQ dated April 13, 1996 (including the appendices attached to these two circulars) and other guiding documents of the Ministry of Trade and the General Department of Customs.
Bui Duy Bao
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Bùi Duy Bảo (Signed) |
Mai Văn Dâu (Signed) |
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