Tiếng Việt- 1 Decision No.390-TTg, on the issuance of the statute on trade fairs and exhibitions, promulgated by the Prime Minister of Government.
- 2 Decision No.1343-TM/PC, promulgated by the Ministry of Trade, issuing the Regulation for expertise of import-export goods.
- 3 Decision No. 1064-TM/PC of August 18, 1994, promulgating the regulation on trading inform of switch -trade and regulation on trading inform of re-exportation
| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 33-CP | Hanoi, April 19, 1994 |
ON THE STATE MANAGEMENT OF IMPORT-EXPORT ACTIVITIES
THE GOVERNMENT
Proceeding from the Law on Organization of the Government passed on the 30th of September 1992;
Pursuant to the Resolution adopted by the Government at its session on the 13th of January 1994;
With a view to promoting vigorously exports, orienting import to the good service of production and consumption, protecting and developing domestic production, increasing the efficiency of imports and exports, and broadening external economic and trade cooperation in order to contribute to the realization of national socio-economic targets;
At the request of the Minister of Trade;
DECREES:
Article 1.- This Decree shall apply to the following import and export activities:
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2. The following acts are also regarded as the import and export commodities:
- Temporary import for re-export; temporary export for re-import and port transfer; and goods in transit;
- The transfer of industrial property ownership;
- Processing finished and semi-finished products pursuant to subcontract for a foreign country, or subcontracting a foreign country to process products;
- Acting as agent for purchases and sales of goods, providing for or accepting brokerage from domestic and foreign businesses to handle import and export.
- Gold, silver, gemstones.
- Gifts.
- Transferred property.
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- Personal belongings of Vietnamese upon port exit and entry.
- Personal belongings of foreign individuals and organizations upon port exist and entry.
- Commodities and utensils of diplomatic missions and international organizations in Vietnam.
- Imports and exports of commodities among EPZ's and between EPZ's and foreign countries.
- Services in tourism, banking, insurance as well as post, air, rail, sea and land transport.
1. Observance of the laws and related policies of the State on production, circulation and market management.
2. Respect for commitments with foreign countries and for international trade practice.
3. Guaranty for the autonomy of business, and the management by the State.
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PROVISIONS ON IMPORT AND EXPORT COMMODITIES
1. Commodies banned from import and export.
2. Export and import of items regulated by quotas.
3. Special-purpose commodities.
4. Commodities related to major balances of the national economy.
At each period, the Prime Minister shall approve, or delegate the Director of the State Planning Committee to approve, the list of import and export items mentioned in this Article, and madate the Minister of Trade to promulgate it.
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Article 6.- The conditions for licensing a business for import and export are as follows:
1. A business intending to specialize in imports and/or exports must:
a) Be established in compliance with the law, commit itself to obeying all extant legal provisions;
b) Have an operating capital value in Vietnamese Dong at least equivalent to 200,000 US dollars at the time of registration for import-export operation. Businesses in mountainous provinces and economically disadvantaged provinces, and businesses engaged in products which receive export encouragement and which do not require much capital, need only have operating capital equivalent to 100,000 US dollars;
c) Trade within the class of commodities registered on its establishment;
d) Be staffed with adequate skilled personnel in business and in signing and performing contracts for foreign trade.
2. Business conducting manufacturing must:
Be established in compliance with the law, have the facilities necessary for steady export production, have a foreign market for consumption and be staffed with individuals possessing adequate skills in business and in signing and performing contracts for foreign trade, and be authorized to export its own products directly as well as import the materials needed for its production. In case its foreign customers wish to pay in kind (barter), licensing shall be made by the Ministry of Trade on a case-by-case and rational basis.
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The Ministry of Trade, together with the State Planning Committee, the Ministry of Finance, the State bank of Vietnam and the related ministries, shall submit to the Government a list of products for which export is encouraged along with the policies and measures necessary to accomplish such export.
1. Imported complete equipment and technology which increase the capacity of production and processing of exports for which proper approval from different levels of authority has been obtained.
2. New export products generated by new production capacity created from the joint investment of domestic enterprises.
The Ministry of Finance shall coordinate with the Ministry of Trade to establish concrete regulations and guidelines on the preferential tariffs and their time frame.
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1. Research trade strategy; study the domestic market and markets in foreign regions, and propose policies for each foreign market region; work with related ministries and agencies to create a favorable business environment and orient the development of export products; issue, or recommend the Government to issue, documents with a view to perfecting the system of policies and laws on foreign trade.
2. Monitor compliance with import-export laws.
1. Guiding and directing the correct implementation of the policies and State regulations governing import-export management within their respective ministries and localities.
2. Recommending adjustments and changes to policies and measures of import-export management.
Article 15.- The management of imports and exports, through quotas, is to be regulated as follows:
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2. The State Planning Committee shall, together with the Ministry of Trade, incorporate the proposed quota and submit them to the Prime Minister to be approved as the total quotas for imports and exports in the following year.
3. Upon consulting with the concerned branches and localities and the associations of importers and exporters (if any), the Ministry of Trade shall allocate quotas (including quotas that foreign countries have assigned to Vietnam) and directly announce them to the businesses which are engaged in the production and trade of imports and exports, and guide their implementation.
Businesses are not allowed to exchange or transfer, buy or sell their assigned quotas.
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The General Customs Office and the customs offices at the ports are responsible for reporting in a timely manner, to the Ministry of Trade, the status of actual imports and exports, in order to help the guidance and management of imports and exports.
1. Vietnamese businesses opening shops, branches and companies abroad.
2. Trade fairs, exhibitions and commercial advertisement at home and abroad.
The Ministry of Trade is responsible for managing and guiding the observance of these regulations.
1. Sales agents in Vietnam for foreign companies.
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3. Goods in transit.
4. Assignment and acceptance of brokerage in import and export for domestic and foreign businesses.
5. Subcontracts to and from abroad.
6. Inspection of import and export commodities.
The Ministry of Trade shall be responsible for the issuance, management and implementation guidance of these Regulations.
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FOR THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai