THE MINISTRY OF TRADE
Number: 05/2000/TT-BTM
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi , February 21, 2000
CIRCULAR No. 05/2000/TT-BTM OF FEBRUARY 21, 2000 GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER�S DECISION No. 242/1999/QD-TTg OF DECEMBER 30, 1999 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN 2000
Pursuant to the provisions of the Prime Minister�s Decision No.242/QD-TTg of December 30, 1999 on the management of goods export and import in 2000;
Based on the opinions of the Ministry of Industry, the Ministry of Construction and the General Department of Customs;
The Ministry of Trade hereby guides the implementation of the Prime Minister�s Decision No. 242/1999/QD-TTg as follows:
I. THE LISTS OF EXPORT AND IMPORT GOODS
- The lists of goods banned from export and import (Appendices No.1A and 1B to this Circular).
- The list of import goods that require the Ministry of Trade�s permits (Appendix No.2 to this Circular).
II. MANAGEMENT OF GOODS EXPORT AND IMPORT
The management of goods export and import in 2000 shall comply with the provisions of the Prime Minister�s Decision No. 242/1999/QD-TTg of December 30, 1999. The Ministry of Trade further guides in detail the following points:
1. Textile and garment products to be exported to quota-regulated markets in 2000 shall comply with Joint Circular No. 29/1999/TTLT/BTM-BKHDT-BCN of September 7, 1999 of the Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry.
2. Rice export and fertilizer import:
The rice export and fertilizer import shall comply with the Prime Minister�s Decision No. 237/1999/QD-TTg of December 24, 1999 and the Ministry of Trade�s Circular No. 35/1999/TT-BTM of December 30, 1999.
3. The export of wood products and import of raw material wood shall comply with the Prime Minister�s Decisions No. 65/1998/QD-TTg of March 24, 1998, No. 136/1998/QD-TTg of July 31, 1998 and Directive No. 19/1999/CT-TTg of July 16, 1999, the Government�s Documents No.340/CP-NN of April 07, 1999 and No.743/CP-NN of July 19, 1999 and other current documents.
4. Such goods items, for which the foreign-currency balance for the import demands is ensured by the State, as petrol and oil, fertilizer, iron and steel shall be allowed to be re-exported only when foreign customers pledge to pay therefor in freely convertible foreign currencies and the Ministry of Trade approves it. Fertilizer, iron and steel of various kinds manufactured in Vietnam shall be allowed to be exported according to demands.
5. The export of rubber and the import of rice, liquors, poultry eggs and steel cast shall still comply with the 1999 export and import regulations.
6. Foreign-invested enterprises are allowed to import supplies specified in Appendix No.02 to this Circular for capital construction to create fixed assets, first of all giving priority to the use of home-made goods. The consideration and approval of import plans shall comply with the current regulations on assigned responsibilities for managing export and import by foreign-invested enterprises. The import of materials and raw materials (specified in Appendix No.2 to this Circular) for manufacture of goods must be permitted by the Ministry of Trade.
III. IMPLEMENTATION PROVISIONS
The Ministry of Trade requests the ministries, the ministerial-level agencies, the agencies attached to the Government and the People�s Committees of the provinces and centrally-run cities and the central bodies of the mass organizations to notify enterprises under their management of the contents of the Prime Minister�s Decision No. 242/1999/QD-TTg of December 30, 1999 on the management of goods export and import in 2000 and this Circular, so that the latter can implement them. And at the same time, they shall report to the Ministry of Trade matters and problems arising in the course of implementation for timely and appropriate readjustments.
This Circular takes effect as from April 1st, 2000.
For the Minister of Trade Vice Minister LUONG VAN TU
Appendix No. 1A
GOODS BANNED FROM EXPORT AND IMPORT
(Issued together with the Ministry of Trade�s Circular No. 05/2000/TT-BTM of February 21, 2000)
I. GOODS BANNED FROM EXPORT
1. Weapons, ammunitions, explosive materials, military technical equipment and facilities.
2. Antiques.
3. Narcotics of all kinds.
4. Toxic chemicals.
5. Log timber, sawed timber and peeled timber from natural forest timber in the country; firewood, charcoal made from timber or firewood; products and semi-products made from natural forest timbers in the country, which are banned from export under the Prime Minister�s Decision No. 65/1998/QD-TTg of March 24, 1998 and the Government�s Documents concerning this Decision (Decision No. 136/1998/QD-TTg of July 31, 1998; Directive No. 19/1999/CT-TTg of July 16, 1999; Document No.743/CP-NN of July 19, 1999 and Document No.340/CP-NN of April 7, 1999).
6. Wild animals as well as animals and plants of precious and rare species according to the Ministry of Agriculture and Rural Development�s guidance.
II. GOODS BANNED FROM IMPORT
1. Weapons, ammunitions, explosive materials (except those for industrial use as specified in the Prime Minister�s Document No.1535/CP-KTTH of December 28, 1998), military technical equipment and facilities.
2. Narcotics of all kinds.
3. Toxic chemicals.
4. Depraved and reactionary cultural products.
5. Fireworks of all kinds (except for signal fireworks of various kinds for maritime safety and other needs, which are subject to separate regulations of the Prime Minister in Document No.1383/CP-KTTH of November 23, 1999). Children toys which adversely affect their ethical education, social order and security.
6. Cigarettes (except for the prescribed limits included in personal luggage).
7. The list of used consumer goods (except for assets on transfer, including goods in service of personal needs of individuals with diplomatic titles from foreign countries, international organizations and personal effects within the prescribed limits), shall comply with Appendix No.1B to this Circular.
8. Cars with right-hand drive (including those in knocked down forms and those having their right-hand drive switched before being imported into Vietnam), except for special-use self-propelled means with right-hand drive that can operate in narrow spaces, including: crane trucks, canal excavators, road sweepers, dumpers, road-surface rollers, airport passenger transfer vehicles, forklifts at warehouses and ports.
9. Used goods, including:
- Spare parts, engines, frames, tires and inner tubes of automobiles, trailers, special-use vehicles, tractors, motorbicyles and motortricycles.
- Chassis fitted with automobile engines of all kinds.
- Automobiles of all kinds designed to carry people.
- Ambulances.
- Passenger-cum-cargo automobiles.
- Trucks of a tonnage of under 5 tons, manufactured in 1995 or before.
- Internal combustion engines of all kinds.
- Bicycles in complete units, their frames and spare parts.
10. Products and materials containing asbestos of amphibole group.
Appendix No. 1B
LIST OF USED CONSUMER GOODS BANNED FROM IMPORT
(Issued together with the Ministry of Trade�s Circular No. 05/2000/TT-BTM of February 21, 2000)
This list was drawn up on the basis of the Import Tariff issued together with the Finance Ministry�s Decision No. 1803/1998/QD-BTC of December 11, 1998.
Following are principles for use of this list:
1. Goods items specified in this list, if they are used ones, shall be banned from import into Vietnam according to provisions in Section 7, Part II, Appendix No.1 to the Prime Minister�s Decision No. 242/1999/QD-TTg of December 30, 1999 on the management of goods export and import in 2000.
2. For cases where only 4-digit (or 6-digit) codes are listed, all goods under 8-digit codes belonging to such 4-digit headings (or 6-digit sub-headings) are banned from import, except otherwise provided for right in the list.
3. For cases where 4-digit and 6-digit codes are extended to 8-digit codes, only goods under such newly extended 8-digit codes are banned from import.
4. Used spare parts and components (if any) of used consumer goods banned from import shall also be banned from import.
5. To avoid a too long list, the goods item descriptions have been, in some cases, made concise as compared with those in the Import Tariff (denoted in three dots). The practical implementation shall be based on descriptions of goods items in the Import Tariff.
6. This list shall be used only for implementation of Section 7, Part II, Appendix No.1 to the Prime Minister�s Decision No. 242/1999/QD-TTg of December 30, 1999.
Chapter Heading Sub-heading Descriptions of goods items
Chapter 39
Chapter 42
Chapter 43
Chapter 44
Chapter 46
Chapter 48
Chapter 50
Chapter 51
Chapter 52
Chapter 53
Chapter 54
Chapter 55
Chapter 57
Chapter 58
Chapter 60
Chapter 61
Chapter 62
Chapter 63
Chapter 64
Chapter 65
Chapter 66
Chapter 67
Chapter 69
Chapter 70
Chapter 71
Chapter 73
Chapter 74
Chapter 76
Chapter 82
Chapter 83
Chapter 84
Chapter 85
apparatus . . .
Chapter 87
Chapter 90
Chapter 91
Chapter 94
Chapter 95
Chapter 96
Appendix No.2
IMPORT GOODS REQUIRING THE MINISTRY OF TRADE�S PERMITS
(Issued together with the Ministry of Trade�s Circular No. 05/2000/TT-BTM of February 21, 2000)
1. Ceramic and granite walling and flooring tiles, of a size of 400 mm x 400 mm or smaller and those with one of the two dimensions of 400 mm or less.
2. Portland cement under the following standards:
+ White Portland cement (TCVN 5691 : 1992);
+ Portland cement (TCVN 2682 : 1999);
+ Assorted Portland cement (TCVN 6260 : 1997);
+ Portland pozzolana cement (TCVN 4033 : 1995);
+ Sulfate-resisting Portland cement (TCVN 6067: 1995)
+ Low-heat Portland cement (TCVN 6069 : 1995);
+ Blast-furnace slag Portland cement (TCVN 4314 -86);
+ Portland cement for manufacture of asbestos-cement corrugated sheets (TCXD 167 - 89).
Besides white Portland cement in white color, there are other kinds of cement with technical specifications as mentioned above and in gray, grayish blue, grayish black, grayish brown...
Clinker.
3. Colored glass, white glass, in flat sheets 1.5-12 mm thick (excluding patterned glass, multiplex glass, safety glass and reinforced glass).
4. Paper of various kinds:
- Newsprint paper of heading No. 4801 in the Export and Import Tariff.
- Uncoated paper for printing and writing of heading No.4802 in the Export and Import Tariff.
5. A number of categories of construction steel:
5.1. Construction smooth steel rods, 6-40 mm in diameter.
5.2. Construction barbed steel rods (nodded, stripped, ribbed or twisted), 10-40 mm in diameter.
5.3. Regular angle- (V) and irregular angle-shaped (L) steel, 20-125 mm in diameter.
5.4. Steel in C (U), I, H shapes, 160 mm or less in diameter.
5.5. Welding steel pipes and tubes of various kinds: black or zinc-plated, from 14-115 mm in diameter.
5.6. Flat zinc-plated steel sheets, from 0.25-0.55 mm thick and up to 3,500 mm long; corrugated zinc-plated steel sheets; and corrugated steel sheets plated with non-ferrous metals.
5.7. Common steel wire: black and mild, black and hard, zinc-plated wire, barbed wire and B-40 steel grids.
6. Refined vegetable oils in liquid form, including: peanut oil, sesame oil, soybean oil and palm oil.
7. Refined sugar and crude sugar.
8. Motorbicycles and motortricycles in complete units and their SKD and CKD assembly parts in complete sets; engines and frames of motorbicycles and motortricycles of all kinds in incomplete sets.
9. Cars of 16 seats or less.
Notes
(Signed)
Luong Van Tu