Decree No. 89/CP abolishes the procedure for issuing permits for the export and import of goods on a shipment-by-shipment basis. Enterprises only need to handle customs procedures when exporting or importing goods not included in the special management list.
适用范围
Enterprises and Customs authorities
要点
- Enterprise → formerly required to obtain shipment permits → now only need to handle customs procedures when exporting or importing goods not included in the special management list.
- The Ministry of Trade → issues export and import permits for specific goods → such as machinery and equipment imported using state budget funds.
- Specialized agencies → must confirm before the export or import of goods included in the special management list → such as wild animals, wild plants, medicines.
- Enterprises → permitted to export or import goods not prohibited and outside the specified scope → only require a business license for export and import.
- The Ministry of Trade → responsible for strictly managing export and import activities → informing enterprises of the situation.
🌐 本文件的社会影响
- Saves time and costs for enterprises when no shipment permit is required.
- Enhances specialized agency control over exported and imported goods included in the special management list.
- Enterprises can have more autonomy in managing their export and import operations.
- Reduces the burden on enterprises not included in the special management list.
- Enhances the effectiveness of state management through confirmation by specialized agencies.
❓ 常见问题
What do enterprises need to do when exporting or importing goods?
Enterprises only need to handle customs procedures when exporting or importing goods not included in the special management list. For goods under special management, they must have confirmation from specialized agencies beforehand.
How many types of goods require confirmation from specialized agencies?
There are nine types of goods requiring confirmation from specialized agencies, including minerals, metal scrap, wild animals, wild plants, medicines, military equipment, etc.
When does this Decree take effect?
This Decree takes effect from February 1, 1996.
What is the purpose of the export and import business license for enterprises?
The export and import business license allows enterprises to conduct export and import activities for goods not included in the special management list.
What responsibilities does the Ministry of Trade have under this Decree?
The Ministry of Trade is responsible for strictly managing export and import activities and informing enterprises of the situation. They also propose adjustments to plans when necessary.
全文
DECREE
Of the Government Decision No. 89-CP dated December 15, 1995 on abolishing procedures for issuing permits for export and import of goods on a shipment basis
Abolishing the procedure for the Ministry of Trade to issue export and import permits for each shipment (lot)
______________________
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to Decree No. 33-CP dated April 19, 1994 of the Government on state management of export and import activities;
Pursuant to Decree No. 38-CP dated May 4, 1994 of the Government on reforming administrative procedures;
At the proposal of the Minister of Trade, the General Director of the General Department of Customs, and the Governor of the State Bank,
DECREE:
Article 1. Abolish the procedure for the Ministry of Trade to issue export and import permits for each shipment (lot).
Article 2. Based on the national targets for export and import, the Ministry of Trade issues export and import permits for the following goods and categories of goods:
1- Goods subject to quota management.
2- Imported consumer goods according to the annual plan in physical form or by value approved by the Prime Minister.
3- Machinery and equipment (including spare parts and complete sets) imported from budget funds pursuant to Decision No. 91/TTg dated November 13, 1992 of the Prime Minister on managing imports of machinery and equipment with state budget funds.
4- Goods of enterprises established under the Law on Foreign Investment in Vietnam.
5- Goods for exploration and exploitation of oil and gas pursuant to joint venture and investment licenses.
6- Goods for trade fairs and exhibitions.
7- Processed goods.
8- Temporarily imported goods for re-export, transit goods, goods imported under the agency sales system for foreign countries, and goods imported for duty-free shops.
9- Export and import goods that need to be regulated to ensure domestic supply-demand balance, implemented according to the list published by the Ministry of Trade after obtaining the Prime Minister's approval.
After receiving the permit from the Ministry of Trade for the aforementioned types of goods, enterprises shall proceed to the customs authority to handle customs procedures for export or import without needing shipment permits.
Article 3. The following specialized management agencies, within their respective functions, shall negotiate with the Ministry of Trade to submit to the Prime Minister for approval and public announcement annually a list of goods that require confirmation from specialized management agencies before export or import, and designate competent subordinate agencies responsible for reviewing and confirming export and import orders (including samples) listed in this catalog:
1- Ministry of Industry:
- Mineral products (Annex 1 - for exports).
- Scrap metal (for exports).
2- Ministry of Agriculture and Rural Development:
- Wild animals and plants (Annex 2 - for exports).
- Wood processing technology and forest products (for imports).
- Wood-based export products (excluding handicrafts).
- Live animals and fresh plants used as agricultural seeds (for imports).
- Livestock feed (for imports).
3- Ministry of Health (for imports):
- Medicines and raw materials for human treatment (Annex 3).
- Medical equipment, machines, and tools for human diagnosis and treatment (Annex 4).
4- Ministry of Finance (for imports - International Aid Management Board):
- Relief goods.
5- Ministry of Fisheries (for exports and imports):
- Live aquatic species used as breeding stock (Annex 5).
- Rare aquatic species (Annex 6).
- Various drugs and feeds used in aquaculture.
6- Ministry of Culture and Information (for exports and imports):
- Books, newspapers, paintings, and other products (excluding brand names and product catalogs).
- High-value artworks managed by the state.
- Printing equipment and tapes containing programs.
- Film works.
7- Ministry of National Defense (for exports and imports):
- Military weapons, equipment, and technical gear.
- Ammunition and explosives for defense purposes.
- Documentation and production lines for manufacturing and repairing military weapons and technical gear.
- Military uniforms and supplies.
8- State Bank (for exports and imports):
- Specialized banking equipment and machines.
9- General Post Office (for exports and imports - Annex 7):
After receiving confirmation from the above agencies, enterprises shall proceed to the customs authority to handle customs procedures for export or import without needing shipment permits.
For wild animals and plants (Annex 2), a permit from the Ministry of Agriculture and Rural Development must be obtained in accordance with the provisions of the CITES Convention and Government Decree No. 18-HĐBT dated January 17, 1992; for medicines, narcotics, psychotropic substances, and precursors (Annex 3A) when importing, a permit from the Ministry of Health must be obtained in accordance with the 1961 Narcotic Drugs Convention.
For goods used to repay foreign debts, after being notified by the Ministry of Finance as the winning bidder (for tendered items) or by the Ministry of Planning and Investment regarding the quota (for items still allocated quotas), enterprises shall proceed to the customs authority to handle customs procedures for export.
Export and import orders and contracts under the categories in Article 3 of this Decree signed before January 1, 1996 shall remain valid until completion of the contract.
Article 4. Goods outside the prohibited export and import list and beyond the scope defined in Articles 2 and 3 of this Decree may be exported or imported based on enterprise needs. When conducting export and import activities for these types of goods, enterprises already holding export and import business licenses issued by the Ministry of Trade and having relevant industries do not need to apply for export and import permits from any agency but only need to proceed to the customs authority to handle customs procedures for export or import.
Article 5. The assignment of responsibilities for managing and providing information on export and import activities, goods for export and import, supervision of foreign currency receipts and payments... is specifically divided as follows:
1- The Ministry of Commerce is responsible for strictly managing the import and export activities of enterprises, particularly the export and import of important goods essential to the national economy. Based on reports from the General Department of Customs, the Ministry of Commerce informs enterprises and relevant agencies about the import and export situation during each period so that enterprises can orient their activities appropriately with respect to both domestic and international markets. In necessary cases, the Ministry of Commerce proposes adjustments to plans to align with actual conditions, including the application of emergency measures for issuing export and import permits on a shipment-by-shipment basis for certain important goods.
2- The General Department of Customs is responsible for inspecting and supervising goods and collecting export and import taxes; promptly providing the Ministry of Commerce, the Ministry of Planning and Investment, the General Statistics Office, and the Government Office with information and data on the export and import of each commodity, on a ten-day basis, for each ministry, province, city, enterprise, and country.
3- The State Bank is responsible for inspecting and supervising foreign exchange receipts and payments of import and export enterprises.
Article 6. This Decree takes effect from February 1, 1996. Article 22 of Decree No. 33/CP dated April 19, 1994 of the Government on state management of import and export activities, Circular No. 297/TMDL/XNK dated April 9, 1992 of the Minister of Trade and Tourism on export and import licenses, and other inconsistent documents are hereby abolished.
The Ministry of Commerce shall coordinate with relevant ministries and sectors to issue joint circulars guiding and organizing the implementation of this Decree within the prescribed time limit.
Article 7. The Minister, the head of a ministerial-level agency equivalent to a ministry, the head of an agency under the Government, and the Chairman of the People's Committee of provinces and centrally governed cities are responsible for enforcing this Decree.
PRIME MINISTER
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