Chương 2 Nghị định 12/2006/NĐ-CP: Xuất khẩu, nhập khẩu hàng hoá

Chapter II

IMPORT AND EXPORT OF GOODS

Article 3 Right to conduct the business of import and export

1. With respect to Vietnamese business entities without direct foreign invested capital (hereinafter referred to as business entities):

Business entities shall have the right to import and export goods irrespective of the lines of business for which they have business registration, except for goods on the lists of goods the import and export of which is prohibited or temporarily suspended.

Branches of business entities shall be permitted to import or export goods as authorized by the business entities.

2. With respect to business entities with foreign invested capital, foreign companies and branches of foreign companies in Vietnam:

When business entities, companies and branches conduct commercial activities within the governing scope of this Decree, in addition to complying with this Decree, they must also comply with other relevant laws and undertakings of Vietnam in international treaties to which the Socialist Republic of Vietnam is a member.

Based on current law and international treaties, the Minister of Trade shall announce the schedule for and the scope of business activities of the business entities stipulated in this clause.

Article 4 Procedures for import and export

1. Any business entity wishing to import or export goods for which import and export is subject to issuance of a permit must have a permit from the Ministry of Trade or other ministry managing the specialized industry.

2. Import and export goods must comply with the relevant regulations on plant quarantine and on hygiene, safety and quality of foodstuffs and shall be subject to inspection by the specialized industry State administrative bodies prior to customs clearance.

3. Goods not on the lists of goods the import and export of which is prohibited or temporarily suspended, and not being goods stipulated in clauses 1 and 2 of this article shall only be subject to customs clearance procedures at the customs bordergate.

Article 5. Goods the import or export of which is prohibited

1. The list of goods the import or export of which is prohibited is promulgated with this Decree (Appendix 1).

2. The Government shall issue any decision amending the list of goods the import or export of which is prohibited, on the basis of proposals of the Minister of Trade.

3. Goods included on the list of goods the import or export of which is prohibited may still be imported or exported in necessary cases upon issuance of a decision of the Prime Minister of the Government.

Article 6 Goods for which import and export is subject to issuance of a permit

1. The list of goods for which import and export is subject to issuance of a permit is promulgated with jthis Decree (Appendix 2).

2. With respect to goods exported pursuant to quotas stipulated by foreign countries, the Minister of  Trade shall reach agreement with ministries managing manufacture and with goods industry associations to fix the method for allocating quotas; and shall ensure publicity, transparency and reasonableness.

3. With respect to goods on the list of imports subject to management pursuant to tariff quotas, the Ministry of Trade shall announce the volume of the tariff quota and the method for operating importation of each line of goods after consultation with the Ministry of Finance and relevant ministries managing manufacture; the Ministry of Finance shall preside over co-ordination with relevant ministries and bodies managing manufacture and with the Ministry of Trade to decide and announce import duties applicable to goods [imported] within or outside the tariff quota.

4. With respect to goods on the list of import and export pursuant to automatic permits, the Ministry of Trade shall announce [the list] and organize implementation from time to time.

Article 7 Goods for which import and export is subject to issuance of a permit by the ministry managing the specialized industry

1. The list of import and export goods subject to specialized industry management and the principles applicable in each specialized industry are promulgated with this Decree (Appendix 3).

2. Permit-issuing bodies must publicly announce the criteria and conditions for issuance of permits; and the procedures for issuance of permits must be correctly conducted in accordance with Regulations on procedures for issuance of import permits promulgated by the Prime Minister of the Government.

Article 8  Import and export goods shall be subject to plant quarantine, inspection for hygiene and safety of foodstuffs, and inspection for compliance with quality standards prior to customs clearance

1. The Ministry of Agriculture and Rural Development shall announce the list of import and export goods which must undergo plant quarantine inspection prior to customs clearance, and shall regulate the specific criteria for all types of goods on the list.

2. The Ministry of Health shall announce the list of goods which must be inspected for hygiene and safety of foodstuffs prior to customs clearance, and shall regulate the specific criteria for all types of goods on the list.

3. The Ministry of Science and Technology shall announce the list of import and export goods which must be inspected to ensure compliance with compulsory quality criteria and standards prior to customs clearance, and shall regulate the specific criteria for all types of goods on the list.

Article 9 Announcement of list of goods code numbered HS and amendment to the lists of goods set out in Appendices 1, 2 and 3

1. The Ministry of Trade and ministries managing specialized industries shall reach agreement with the Ministry of Finance to announce the HS code numbers on the Import and Export Tariff Duty List which apply to the lists of goods set out in Appendices 1, 2 and 3 of this Decree.

2. The Government shall issue any decision amending the lists of goods set out in Appendices 2 and 3 of this Decree on the basis of proposals of the Minister of Trade and ministries managing specialized industries.

Article 10  A number of lines of goods which may be imported or exported pursuant to discrete provisions

1.Export of all types of rice and rice goods

Business entities from all economic sectors shall be permitted to export uncooked rice and rice goods.

The Ministry of Trade shall preside over coordination with the Ministry of Agriculture and Rural Development and with people's committees of provinces which have a large local output of rice goods, and with the Vietnam Association of Food Growers in order to manage the annual export of rice in accordance with the following principles; ensuring the security of foodstuffs, that all quantities of rice goods are sold, that the price of these goods is beneficial for farmers, and that there is a uniform level price of these goods throughout the country; and shall recommend to the Prime Minister of the Government solutions for dealing with issues if the above principles are not in harmony.

With respect to export contracts pursuant to agreements between the Government of Vietnam with foreign Governments (referred to as Government contracts), the Ministry of Trade shall consult the Vietnam Association of Food Growers in order for the latter to uniformly conduct transactions and signing of contracts and delivery of goods.

The Ministry of Trade shall formulate Regulations so that step by step these contracts shall be subject to tendering.

2. Import of petrol and fuel

Import of petrol and fuel shall be implemented in accordance with current Regulations of the Prime Minister of the Government.

3. Import of all types of second-hand cars

All types of second-hand cars which are imported must satisfy this condition: they are not over five years old, calculated from the date of manufacture up until the year of import.

4. Re-export of imported essential commodities for which the State guaranteed foreign currency balancing for import.

All lines of import goods in respect of which the State insures foreign exchange requirements for importation shall only be permitted to be re-exported when payment is made in a freely convertible foreign currency.

The Ministry of Trade shall announce a specific list of these goods from time to time and shall organize implementation.

5. Import of cigarettes and cigars.

Based on the current law on the manufacture, trading and use of all types of cigarettes and based on relevant international undertakings, the Minister of Trade shall preside over co-ordination with the Ministry of Industry to provide specific regulations on import of this line of goods.

6. Import and export of goods servicing national defence and security.

The import and export of goods servicing national defence and security shall be implemented pursuant to decisions of the Prime Minister of the Government.

Based on decisions of the Prime Minister of the Government, the Minister of Police and the Minister of Defence shall provide Regulations on issuance of permits to implement such importation and exportation.

7. Import of all types of wood from countries with common borders.

The Ministry of Trade shall provide specific guidelines on the import of all types of wood from countries with common borders in accordance with the Law of Vietnam, the Laws of the countries concerned, and the relevant agreements Vietnam has made with such countries.

Article 11 Temporary suspension of importation or exportation of goods

Where necessary, the Prime Minister of the Government shall decide to temporary suspend importation or exportation to or from certain markets or of certain types of goods in order to ensure security and all types of national interests, consistent with the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member. Decisions of the Prime Minister of the Government shall be publicly announced for the information of domestic and foreign organizations and individuals.

The Ministry of Trade shall inform relevant international economic organizations and countries in accordance with the agreed procedures (if any) when there is any specific decision of the Prime Minister of the Government temporarily suspending importation or exportation of goods.