Circular No. 06/2001/TT-NHNN dated August 24, 2001 of the State Bank of Vietnam guiding the implementation of the Prime Minister’s Decision No. 46/2001/QD-TTg dated April 4, 2001 on the management of goods export and import in the 2001-2005 period, applicable to goods subject to the specialized management by Vietnam State Bank

CIRCULAR

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, APPLICABLE TO GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY VIETNAM STATE BANK

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;

Vietnam State Bank (hereinafter called the State Bank for short) hereby guides the import/export of goods subject to the specialized management by the State Bank as follows:

I. LIST OF IMPORT/EXPORT GOODS

The list of goods to be imported/exported in the 2001-2005 period, which are subject to the specialized management by the State Bank is issued in Appendix 01 to this Circular.

II. PROVISIONS ON GOODS IMPORT AND EXPORT

1. For export goods:

Under the Government’s regulations, in the 2001-2005 period, there is no export goods subject to the specialized management by the State Bank.

2. For import goods:

2.1 Domestic, joint-venture and foreign units lawfully operating in Vietnam (hereinafter called units for short), if wishing to import goods items specified in Items 1, 2 and 3, Appendix 01 to this Circular, shall have to send to the State Bank (the Issue and Vault Department), No. 47 - 49 Ly Thai To street, Hanoi, the following papers:

- The import application (major contents shall comply with the guidance in Appendix 02 to this Circular);

- Certifications by the competent superior managing agencies (if any) of units using import goods (except for units attached to the State Bank) on the compatibility of the latter’s demand for goods with their functions and tasks;

- Notarized or authenticated copies of enterprise-setting-up decisions or operation licenses, certificates of registration of importing/exporting enterprise codes (for importing/exporting enterprises) and business registration certificates;

- Catalogues (the original) recommending technical parameters of import goods and their Vietnamese version.

2.2. Within 10 working days as from the date of receiving complete dossiers from units which wish to import goods items specified in Items 1, 2 and 3, Appendix 01 to this Circular, the State Bank (the Issue and Vault Department) shall have to consider and designate units entitled to import or entrust the import thereof (through an enterprise under the State Bank). In case of refusal, the State Bank shall have to issue written reply, clearly stating the reasons therefor.

2.3. Goods items specified in Items 4, 5, 6, 7 and 8, Appendix 01 to this Circular are those exclusively controlled and used by the State Bank. The National Money Printing Factory and Banking Supplies Company (two enterprises under the State Bank) are entitled to directly import such goods items when so approved in writing by the State Bank Governor.

3. For goods specified in Appendix 01 to this Circular, if they are transited, temporarily imported for re-export or temporarily-exported for re-import for participation in exhibitions, fairs or conferences, for goods introduction or other purposes, they must be approved in writing by the State Bank.

III. RESPONSIBILITIES OF THE CONCERNED PARTIES

1. Management agencies:

a) The State Bank is assigned by the Prime Minister the tasks of managing and guiding the import/export of goods items specified in Appendix 01 to this Circular;

b) The State Bank Governor assigns the Director of the Issue-Vault Department the responsibility to consider and designate units entitled to import goods items specified in Items 1, 2 and 3, Appendix 01 to this Circular.

c) Any adjustment and addition to the list of import/ export goods prescribed in Appendix 01 to this Circular shall be agreed upon by the State Bank and the Ministry of Trade, then submitted to the Prime Minister for decision.

2. Units designated to conduct the import/export shall have to:

a) Conduct import/export of goods with quantity, quality and categories required by the State Bank;

b) Abide by the State’s current regulations on goods import/export;

c) At the quarter-end and year-end, make sum up reports on the import of goods subject to the specialized management by the State Bank, and send them to the State Bank (the Department for Issuance and Storage).

3. Units using import goods shall have to:

a) Exploit and use goods for the right purposes and in compliance with their functions and tasks;

b) Neither exchange or transfer such import goods with or to other organizations or individuals, nor modify or convert their initial utility when not yet so permitted in writing by the State Bank.

IV. IMPLEMENTATION ORGANIZATION

1. This Circular takes effect 15 days after its signing.

2. To annul Decision No. 206/1998/QD-NHNN6 of June 11, 1998 of the State Bank Governor promulgating the regulation on the management of the import/export of specialized banking equipment and machinery, and other regulations of the State Bank, which are contrary to this Circular..

3. The amendment and supplementation of this Circular shall be decided by the State Bank Governor.

APPENDIX 01

LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE STATE BANK

APPENDIX 02

MAJOR CONTENTS OF THE APPLICATION FOR THE IMPORT OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE STATE BANK

1. Name of unit applying for import, written fully in Vietnamese and foreign language, abbreviated name (if any), address of its headquarter in Vietnam; and number of its transactional bank accounts;

2. Name of foreign partner, written fully in foreign language and Vietnamese, its abbreviated name (if any), and address of its headquarter;

3. Name of goods-using unit, written fully in Vietnamese and foreign language, its abbreviated name (if any) (if the importing unit is not the goods-using unit), and address of its headquarter in Vietnam;

4. Appellation of the import goods, their codes, manufacturing and/or assembling companies and countries;

5. Specifications, quality and quantity of import goods;

6. Unit price and total value of goods;

7. Capital source;

8. Estimated time for goods import.-