CIRCULAR No CIRCULAR No. 11/2001/TT-BTM OF APRIL 18, 2001 GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER�S DECISION No. 46/2001/QD-TTg OF APRIL 4, 2001 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN THE 2001-2005 PERIOD Pursuant to the Government�s Decree No.57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law�s provisions on export, import, processing and goods sale and purchase agency activities with foreign countries; Pursuant to the Prime Minister�s Decision No.46/2001/QD-TTg of April 4, 2001 on the management of goods export and import in the 2001-2005 period; After exchanging opinions with the Ministry of Industry, the Ministry of Construction, the General Department of Customs and a number of concerned ministries and branches, The Ministry of Trade hereby guides in detail a number of points for implementation of the Prime Minister�s Decision No.46/2001/QD-TTg as follows: 1. Goods banned from export and import: Goods banned from export and import shall comply with the lists in Appendices 1A and 1B to this Circular. 2. Goods exported and imported under permits of the Ministry of Trade: 2.1. Goods exported and imported under permits of the Trade Ministry shall comply with the list in Appendix 2 to this Circular. 2.2. For goods specified in Appendix 2 to this Circular, foreign-invested enterprises and parties to business cooperation contracts may import them in service of the capital construction to form fixed assets according to their import plans approved by the Trade Ministry. Import request dossiers to be sent to the Trade Ministry shall comply with the provisions in Section 2, Part II of the Trade Ministry�s Circular No.22/2000/TT-BTM of December 15, 2000 guiding the implementation of the Government�s Decree No.24/2000/ND-CP of July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam regarding export, import and other trade activities of foreign-invested enterprises. The time limit for the Trade Ministry to approve import plans is prescribed at Point 2.3, Section 2, Part IX of Circular No.22/2001/TT-BTM mentioned above. 2.3. For goods being supplies and raw materials specified in Appendix 2 to this Circular, domestic enterprises, foreign-invested enterprises and foreign parties to business cooperation contracts that wish to import them for the production of export goods or for the performance of processing contracts with foreign traders shall have to send written requests to the Trade Ministry for consideration and settlement. Enterprises� written requests must clearly state names and addresses of importers or processees, quantity of products to be exported, supplies and raw materials norms for a product unit, quantity of supplies and raw materials that needs to be imported. Enterprises� directors shall be responsible for determining the norms of supplies and raw materials for production. Within 5 working days after receiving the requests, the Trade Ministry shall have to reply the requesting enterprises. 3. Export and import of timber and wood products: 3.1. Except for the products banned from export specified in Appendix 1A to this Circular, all kinds of timber and wood products can be exported and with procedures being carried out at border-gate customs, and without any application for the Trade Ministry�s permits. 3.2. Raw materials timber (log timber, sawn timber, planks) shall be imported without the Trade Ministry�s permits and have to go through only the customs procedures at border-gate customs. Particularly, raw materials timber imported from Cambodia (including those temporarily imported for re-export) shall comply with the Trade Ministry�s Circular No.08/2000/TT-BTM of April 12, 2000. 3.3. Timber of a lawful import origin can be exported in all forms without any application of the Trade Ministry�s permits. 3.4. Raw material timber and wood products, except for those temporarily imported for re-export from Cambodia as specified at Point 3.2 above can be temporarily imported for re-export without any application for the Trade Ministry�s permits. 4. Export of textiles and garments into markets with quotas to be agreed with foreign countries: To suit the practical situation in each period, the Trade Ministry, the Ministry of Planning and Investment and the Industry Ministry hereby jointly specify as follows: 4.1. The allocation of textile and garment quotas in the 2001-2002 period shall comply with Joint Circular No.19/2000/TTLT/BTM/BKHDT/BCN of October 16, 2000 of the Trade Ministry, the Ministry of Planning and Investment and the Industry Ministry; 4.2. The bidding for the 2001 textile and garment quotas shall comply with the Bidding Regulation promulgated together with Decision No.35/2001/QD/BTM of January 11, 2001 of the Chairman of the Bidding Council; 4.3. The rewarding of textile and garment quotas in 2001 shall comply with Joint Circular No.07/2001/TTLT/BTM/BKHDT/BCN of March 16, 2001 of the Trade Ministry, the Ministry of Planning and Investment and the Industry Ministry. 5. Export of rice: 5.1. For markets with the Government�s intervention or consents, the Trade Ministry shall designate enterprises for implementation and direct the transactions (including participation in bidding) with partners designated by the governmental agencies of the goods-purchasing countries. Apart from the above-said contracts and partners performing the governmental contracts, the rice-exporting enterprises may conduct transactions on rice sale with other partners. 5.2. The mechanism of performing contracts for export of rice into markets requiring agreements between our Government and the importing countries� governments (the governmental contracts) shall comply with the provisions at Point 2, Article 6 of the Prime Minister�s Decision No.46/2001/QD-TTg of April 4, 2001. 6. Export of petrol, oil and fertilizer with import origin: 6.1. Enterprises wishing to export fuel petrol and oil, including those to be supplied to foreign sea-going ships and fertilizers of import origin shall have to send their written requests to the Trade Ministry for consideration and settlement. Enterprises� directors shall have to secure that exported goods shall be paid for in freely convertible foreign currencies. 6.2. The Trade Ministry shall only consider and approve plans for supply of petrol and oil from imported sources to foreign sea-going ships of enterprises with the function of providing sea-going ship supply services. 6.3. The supply of petrol and oil to foreign sea-going ships by mode of temporary import for re-export shall comply with the Regulation promulgated together with the Trade Ministry�s Decision No.0123/1999/QD-BTM of February 4, 1999. 6.4. To annul the Trade Ministry�s Document No.0110/TM-XNK of January 15, 2001 on the management of petrol and oil supply for foreign sea-going ships. 7. Implementation provisions: This Circular takes effect as from May 1, 2001. The previous stipulations which are contrary to the provisions of this Circular are now all annulled. Minister of Trade VU KHOAN Appendix 1A LIST OF GOODS BANNED FROM EXPORT AND IMPORT IN THE 2001-2005 PERIOD (Issued together with the Trade Ministry�s Circular No. 11/2000/TT-BTM of April 18, 2001) Ordinal number Goods description Application duration I. GOODS BANNED FROM EXPORT 1 Weapons, ammunitions, explosives (except for industrial explosives), military technical equipment 2001-2005 2 Antiques 2001-2005 3 Narcotics 2001-2005 4 Toxic chemicals 2001-2005 5 Log, sawn timber from domestic natural forests; charcoal from timber or firewood originated from domestic natural forests 2001-2005 6 Wild animals and natural rare and precious plants and animals 2001-2005 7 Special-use coding machines and coded software programs used to protect the State secrets 2001-2005 II. GOODS BANNED FROM IMPORT 1 Weapons, ammunitions, explosives (except for industrial explosives specified by the Prime Minister in the Government�s Document No.1533/CP-KTTH of December 28, 1998), military technical equipment 2001-2005 2 Narcotics 2001-2005 3 Toxic chemicals 2001-2005 4 Debauched and reactionary cultural products; children�s toys with adverse impacts on personality education, social order and safety 2001-2005 5 Assorted firecrackers (excluding assorted signal fireworks for maritime safety and other needs according to separate regulations of the Prime Minister in Document No.1383/CP-KTTH of November 23, 1998). 2001-2005 6 Cigarettes, cigars and other forms of finished cigarette 2001-2005 7 Used consumer goods, including the following commodity groups: - Textiles and garments, footwear, clothes - Electronic appliances - Electro-refrigerative goods - Electrical home appliances - Interior decoration articles - Consumer goods made of ceramics, porcelain, crockery, glass, metal, resin, rubber, plastics and other materials. The specific goods list is in Appendix 01B 2001-2005 8 Right-hand drive transport means (including those in knock-down form and those with drives already switched before their import into Vietnam), excluding special-use means operating for limited purposes, including: crane trucks, canal and ditch diggers, road sweepers, road-sprayers; garbage dumpers, road surface building vehicles, passenger transfer vehicles at airports and forklifts at warehouses and ports. 2001-2005 9 Used supplies and means, including: - Used engines, frames, tires and inner tubes, accessories and motors of automobiles, tractors, motorbikes and motor-tricycles; - Used internal combustion engines with a capacity of 30 CV or under; used machines fitted with internal combustion engines with a capacity of 30 CV or under; - Used chassis mounted with used engines; used chassis mounted with new engines; new chassis mounted with used engines - Used bicycles; - Used motorbikes and motor-tricycles; - Used ambulances; - Used passenger cars of 16 seats or less (including those of a type designed for transportation of both goods and passengers with the passenger compartment and the goods hold in the same cabin); - Used passenger cars of over 16 seats, with the period from the manufacturing year to the importing year exceeding 5 years (for example, in 2001 only those manufactured from 1996 onward may be imported); - Used trucks of a tonnage of under 5 tons (including those of a type designed for the transportation of both goods and passengers with the passenger compartment and the goods hold not in the same cabin; garbage dumpers, self-loading crane trucks, tippers, semi-trailers for liquids and gases, refrigerator trucks), with the period from the manufacturing year to the importing year exceeding 5 years (for example, in 2001 only those manufactured from 1996 onward may be imported). 2001-2005 10 Products and materials containing asbestos of amphibole group 2001-2005 11 Special-use coding machines and coded software programs used to protect the State secrets 2001-2005 Appendix 1B LIST OF USED CONSUMER GOODS BANNED FROM IMPORT (Issued together with the Trade Ministry�s Circular No. 11/2001/TT-BTM of April 18, 2001) This list was drawn up in compatibility with the codes in the Import Tariff promulgated together with the Finance Ministry�s Decision No.1803/1998/QD-BTC of December 11, 1998. The following are principles for using this list: 1. In cases where only 4-digit codes are enumerated, all goods items under 8-digit codes which belong to such 4-digit codes shall be banned from import. 2. In cases where only 6-digit codes are enumerated, all goods items under 8-digit codes belonging to such 6-digit codes shall be banned from import. 3. In cases where 4-digit and 6-digit codes are extended to 8-digit codes, only goods items under such 8-digit codes shall be banned from import. 4. Other cases shall comply with the stipulations in the list. 5. Used spare parts and components (if any) of used consumer goods items banned from import shall also be banned from import. 6. To avoid promulgating a too long list, the description of goods items in a number of cases shall be made concise as compared with that of the Import Tariff (denoted with three dots). But the implementation must be based on the goods description in the Import Tariff. 7. This list shall be used only for implementation of Section 7, Part II, Appendix 1 of the Prime Minister�s Decision No.46/2001/QD-TTg of April 4, 2001. Chapter Heading Subheading Description of goods items Chapter 39 3918 Floor coverings of plastics... 3922 Bathtubs, showers, wash-basins... 3924 Tableware, kitchenware 3925 Builders� ware of plastics... 3926 Other articles of plastics (except for riot-shield, light-reflecting nails and nets impregnated with mosquito killer) Chapter 42 4201 00 00 Saddlery and harness for animals... 4202 Trunks, suitcases, vanity cases 4203 Articles of apparel and clothing accessories of leather... Chapter 43 4303 Articles of apparel and clothing accessories... 4304 Artificial fur and articles thereof Chapter 44 4414 00 00 Wooden frames for paintings, photos... similar products 4419 00 00 Tableware and kitchenware of wood 4420 Wood marquetry and inlaid wood; caskets and cases for jewelry... 4421 Other articles of wood (except those of subheading No.44219010) Chapter 46 The whole chapter 46 Chapter 48 4815 00 00 Floor coverings on a base of paper or of paperboard... Chapter 50 5007 Woven fabrics of silk or fiber from silk waste Chapter 51 5111 Woven fabrics of carded wool or of carded fine animal hair... 5112 Woven fabrics of combed wool or of combed fine animal hair... 5113 00 00 Woven fabrics of coarse animal hair or of horse tail or mane Chapter 52 5208 Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing not more than 200g/m2 5209 Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200g/m2 5210 Woven fabrics of cotton, containing less than 85% by weight of cotton... weighing not more than 200g/m2 5211 Woven fabrics of cotton, containing less than 85% by weight of cotton... weighing more than 200g/m2 5212 Other woven fabrics of cotton Chapter 53 5309 Woven fabrics of flax 5310 Woven fabrics of jute or other textile bast fibers... 5311 00 00 Woven fabrics of other vegetable textile fibers; woven fabrics of paper yarn Chapter 54 5407 Woven fabrics of synthetic filament yarn,... 5408 Woven fabrics of recycled filament yarn,... Chapter 55 5512 Woven fabrics of synthetic staple fibers, containing 85% or more by weight of synthetic staple fibers 5513 Woven fabrics of synthetic staple fibers, containing less than 85%..., not exceeding 170g/cm2 5514 Woven fabrics of synthetic staple fibers, containing less than 85%..., exceeding 170g/cm2 5515 Other woven fabrics of synthetic staple fibers 5516 Woven fabrics of recycled staple fibers Chapter 57 The whole Chapter 57 Chapter 58 The whole Chapter 58 Chapter 60 The whole Chapter 60 Chapter 61 The whole Chapter 61, except subheadings No.61143010 and 61149010 Chapter 62 The whole Chapter 62, except subheadings No.62113310 and 62113910 Chapter 63 6301 Blankets and traveling rugs 6302 Bed linen, table linen, toilet towels... 6303 Curtains (including drapes) and window interior blinds... 6304 Other textile articles for covering home furniture... 6307 10 00 - Floor cloths, dish cloths, duster and similar cleaning cloths 6308 00 00 Sets of decorative fabrics and yarn... 6309 00 00 Worn clothing and other worn articles Chapter 64 The whole Chapter 64, except subheadings No.64059010 and 64059020 and heading No.6406 Chapter 65 6503 00 00 Felt hats and other felt headgear... 6504 00 00 Hats and other headgear... 6505 Hats and other headgear, knitted or crocheted... 6506 Other headgear... 6506 91 00 - Of rubber of plastics 6506 92 00 - Of furskin 6506 99 00 - Of other materials Chapter 66 6601 Umbrellas and sun umbrellas... 6602 00 00 Walking sticks, seat sticks... Chapter 67 6702 Artificial flowers, foliage and fruits and parts thereof... 6704 Wigs, false beards, eyebrows...elsewhere specified Chapter 69 6910 Sinks, wash basins, wash basin pedestals, bathtubs,... 6911 Tableware, kitchenware, other household articles and toilet articles, of porcelain or chine 6912 00 00 Ceramic tableware, kitchenware, other household articles and toilet articles, other than those of porcelain or china 6913 Statuettes and other ornamental articles of ceramic, porcelain or china 6914 Other articles of ceramic, porcelain or china Chapter 70 7013 Tableware and kitchenware... of glass Chapter 71 7117 Imitation jewelry Chapter 73 7321 Stoves, ranges, grates, cookers... 7323 Tableware, kitchenware, other household utensils... 7324 Sanitaryware and parts thereof, of iron or steel Chapter 74 7417 00 00 Cooking or heating apparatus... of copper 7418 Tableware, kitchenware... of copper; sanitaryware Chapter 76 7615 Tableware, kitchenware... of aluminum; sanitaryware Chapter 82 8210 00 00 Hand-held mechanical appliances... used in the preparation of food or drink 8212 Razors and razor blades... 8214 20 00 - Manicure or pedicure sets... 8215 Spoons, forks, ladles,... Chapter 83 8306 Bells, gongs,...frames for photos, pictures,...mirror Chapter 84 8414 51 00 - - Desk, floor fans,...ventilating fans (other than industrial fans) 8414 59 - - Other types (other than industrial fans) 8414 90 - Parts 8414 90 90 - - Other types (including only parts of those under above HS codes) 8415 Air conditioners... 8415 10 00 - Window or wall type, self-containing 8415 20 00 - Of a kind used for persons, in motor vehicles of all kinds 8415 81 10 - - - Of a capacity of 90,000 BTU/h or less 8415 82 10 - - - Of a capacity of 90,000 BTU/h or less 8415 83 10 - - - Of a capacity of 90,000 BTU/h or less 8415 90 - Parts: 8415 90 19 - - Other types (including only parts of those under above HS codes) 8418 Refrigerators... - Refrigerators, household type 8418 21 00 - - Compression type 8418 22 00 - - Absorption type, electrically operated 8418 29 00 - - Other types 8418 30 - Freezers of the chest type and with capacity not exceeding 800 liters 8418 30 10 - - With a capacity of up to 200 liters 8418 40 00 - - With a capacity of up to 200 liters - Parts 8418 99 00 - - Other types (including only parts of those under above HS codes) 8421 12 - - Clothes dryers 8421 12 10 - - - Electrically operated 8421 12 20 - - - Non-electrically operated - Parts 8421 91 - - Of centrifuges, including centrifugal dryers (including only parts of those under above HS codes) 8422 Dish washers... 8422 11 00 - - Of the household type... 8422 90 - Parts 8422 90 10 - - Of household dish washers 8450 Household washing machines... - Washing machines with a dry linen capacity not exceeding 10 kg: 8450 11 00 - - Fully-automatic washing machines 8450 12 00 - - Other washing machines with centrifugal drier 8450 19 00 - - Other 8450 90 00 - Other parts (including only parts of those under above HS codes) Chapter 85 8509 Electro-mechanical domestic appliances, fitted with electric motor 8510 Shavers, hair clippers and hair-cutting appliances fitted with electric motor 8516 Electric instant water heaters... (excluding subheadings No.85164010, 851680 and 85169000) 8518 Microphones and stands thereof; loudspeakers, whether or not mounted in their enclosures... - Loudspeakers, whether or not mounted in their enclosures 8518 21 00 - - Single loudspeakers, mounted in their enclosures 8518 22 00 - - Multiple loudspeakers, mounted in the same enclosures 8518 30 - Headphones, earphones and combined microphone/speaker sets 8518 30 10 - - Headphones and earphones 8518 40 00 - Audio-frequency electric amplifiers 8518 50 00 - Electric sound amplifier sets 8518 90 00 - Parts (including only parts of those under above HS codes) 8519 Turntables,...cassette recorders and other sound reproducing apparatus...: 8520 Magnetic tape recorders and other sound recording apparatus... 8520 32 00 - - Digital audio type 8520 39 00 - - Other, cassette-type 8520 90 00 - Other 8521 Video recording or reproducing apparatus 8522 Pa

Thông tư 11/2001/TT-BTM