VietnameseCircular No. 13/VBHN-BCT dated February 22, 2018 of the Ministry of Industry and Trade on the List of potentially unsafe products and goods within authority of the Ministry of Industry and Trade
ATTRIBUTE
| Issuing body: | Ministry of Industry and Trade | Effective date: | Updating |
| Official number: | 13/VBHN-BCT | Signer: | Tran Tuan Anh |
| Type: | Consolidated Text | Expiry date: | Updating |
| Issuing date: | 22/02/2018 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising |
THEMINISTRY OF INDUSTRY AND TRADE
CircularNo. 13/VBHN-BCT dated February 22, 2018 of the Ministry of Industry and Trade on the List of potentially unsafe products and goods within authority of the Ministry of Industry and Trade
The Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade comes into force from January 01, 2016 and is amended and supplemented by:
1. The Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on amendments to the Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade, takes effect on February 01, 2017; and
2. The Circular No. 33/2017/TT-BCT dated December 28, 2017 by the Minister of Industry and Trade amending and supplementing HS codes on the List enclosed with the Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade, takes effect on January 01, 2018.
Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 defining functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Law on Quality of Goods and Products dated November 21, 2007;
Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 on detailing the implementation of a number of articles of the Law on products and goods quality;
At the request of the Director of Department of Science and Technology,
The Minister of Industry and Trade promulgates a Circular providing theList of potentially unsafe products and goods within authority of Ministry of Industry and Trade1.
Article 1. Scope of adjustment
1. This Circular provides the List of potentially unsafe products and goods within authority of Ministry of Industry and Trade (hereinafter referred to as the “List of group-2 products and goods”).
The List of group-2 products and goods is provided in the Appendix enclosed herewith.
2. The following products and goods are not governed by this Circular:
a) Goods covered by diplomatic immunity, items contained in consular bags, movables, donations and gifts eligible for import duty relief according to the Prime Minister’s Decision No. 31/2015/QD-TTg dated August 04, 2015 on allowance of baggage, movables, donations, gifts and sample products eligible for imposition or consideration of tax relief or for non-taxable status;
b) Products and goods temporarily imported for re-exportation or in transit;
c) Products and goods specialized for national defense and security purposes.
Article 2. Regulated entities
This Circular applies to:
1. Organizations and individuals producing and/or trading products and goods as stated in the List of group-2 products and goods;
2. Conformity assessment service providers that are designated to inspect, test and certify the quality of products and goods in the List of group-2 products and goods.
3. Other authorities and organizations concerned.
Article 3. Quality management
1. The quality of products and goods in the List of group-2 products and goods as enclosed to this Circular shall be managed according to relevant national technical regulations and the Circular No. 48/2011/TT-BCT dated December 30, 2011 by the Minister of Industry and Trade on quality management for group-2 products and goods within the authority of the Ministry of Industry and Trade.
2. The quality of group-2 products and goods to which no national technical regulation applies shall be managed according to national standards or equivalent technical norms as defined in the Column 3 in the Appendix of this Circular.
3. Specialized management shall be governed by documents specified in Column 5 in the Appendix of this Circular.
Article 4. Effect
1. This Circular takes effect on January 01, 20162.
2. This Circular supersedes the Circular No. 08/2012/TT-BCT dated April 09, 2012 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within authority of Ministry of Industry and Trade.
Article 5. Implementation
1. The Department of Science and Technology affiliated to the Ministry of Industry and Trade shall be responsible for guiding and inspecting the implementation of this Circular; lead and cooperate with relevant authorities to present amendments to the said list to the Minister of Industry and Trade for purposes of management.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration.
3. If legislative documents, standards and technical regulations named in this Circular are amended or replaced, new documents shall prevail. /.
Certification of Consolidated Document
Minister
Tran Tuan Anh
APPENDIX
LIST OF POTENTIALLY UNSAFE PRODUCTS AND GOODS WITHIN AUTHORITY OF MINISTRY OF INDUSTRY AND TRADE3
No. | Name of product/ good as stated in the Circular No. 65(i) | HS code as stated in the Circular No. 65 | Specific product as stated in the Circular No. 29(ii) | HS code as stated in the Circular No. 29 | Notes |
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(1) | (2) | (3) | (4) | (5) | (6) |
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A | Products subject to physical inspection before customs clearance |
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I | Chemicals and industrial explosives |
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1 | Explosive precursors(mixtures with content of explosive precursor(s) more than 45%) as per the Decree No. 39/2009/ND-CP(iii). |
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1.1 | Ammonium nitrate, whether or not in aqueous solution | 3102.30.00 | Ammonium nitrate (NH4NO3) in crystalline form for production of emulsion explosive | 3102.30.00 |
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Ammonium nitrate (NH4NO3) in porous prills for production of ANFO explosive |
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B | Products and good subject to post-clearance inspection |
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2 | Industrial explosivesas per the Decree No. 39/2009/ND-CP |
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2.1 | Prepared explosives, other than propellant powders | 3602.00.00 | Emulsion explosives for blasting in underground mines without detonation gas and dust | 3602.00.00 |
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Ammonite Explosive AD1 |
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Other types of explosive (As per Section I - Appendix 1 enclosed to the Circular No. 45/2013/TT-BCT) |
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2.2 | Semi-fuses; plain detonator | 3603.00.10 | Electrical detonators for industrial use | 3603.00.10 |
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Plain detonator No. 8 for industrial use |
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2.3 | Safety fuses | 3603.00.20 | Industrial safety fuses | 3603.00.20 |
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2.4 | Other | 3603.00.90 | Water-resistant detonating cord for industrial use | 3603.00.90 |
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Primer for industrial explosives |
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II | Industrial machinery and equipment |
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1 | High-pressure pipe capable of withstanding a pressure of not less than 42,000 psi | 7304.39.20 | First-level or second-level pipeline for steam and hot water with minimum external diameter of 51 mm; third-level and fourth-level pipelines with minimum external diameter of 76 mm for industrial use | 7304.39.20 |
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2 | Equipment for scaffolding, shuttering, propping or pit-propping | 7308.40.10 | Single hydraulic prop, mobile bracket and self-propelled platform composed of single hydraulic props for mine supporting | 7308.40.10 |
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7308.40.90 | 7308.40.90 |
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3 | Containers for any material | 7309.00.11 | Pressure vessels of a structure not used on vehicles, with intended working pressure above 0.7 bar (not including hydrostatic pressure) for industrial use | 7309.00.11 |
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7309.00.19 | 7309.00.19 |
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7309.00.91 | 7309.00.91 |
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7309.00.99 | 7309.00.99 |
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4 | Containers for compressed or liquefied gas, of iron or steel, in the form of seamless steel cylinders |
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4.1 | Other, of a capacity of not exceeding 7.3 l | 7311.00.91 | LPG containers | 7311.00.93 |
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4.2 | Other, of a capacity of more than 7.3 l but less than 30 l | 7311.00.92 |
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4.3 | Other, of a capacity of 30 l or more, but less than 110 l | 7311.00.94 |
| 7311.00.94 |
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4.3 | Other | 7311.00.99 | LPG tanks of a structure not used on vehicles | 7311.00.99 | Changes in applicable Regulations/ Standards: - TCVN 8615-1:2010 and TCVN 8615-2:2010 are abrogated. - TCVN 6486:2010 is added |
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5 | Super-heated water boilers generating steam or other vapor |
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5.1 | Water tube boilers with a steam production exceeding 45 t per hour | 8402.11.10 | Boilers of a structure not used on vehicles, with intended working pressure of vapor above 0.7 bar for industrial use | 8402.11.10 |
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8402.11.20 | 8402.11.20 |
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5.2 | Water tube boilers with a steam production not exceeding 45 t per hour | 8402.12.11 | 8402.12.11 |
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8402.12.19 | 8402.12.19 |
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8402.12.21 | 8402.12.21 |
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8402.12.29 | 8402.12.29 |
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5.3 | Other vapor generating boilers, including hybrid boilers | 8402.19.11 | 8402.19.11 |
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8402.19.19 | 8402.19.19 |
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8402.19.21 | 8402.19.21 |
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8402.19.29 | 8402.19.29 |
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5.4 | Super-heated water boilers | 8402.20.10 | Boilers used in power plants | 8402.20.10 | Applicable Regulations/ Standards: TCVN 7704:2007 and TCVN 6008:2010 are supplemented |
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8402.20.20 | 8402.20.20 |
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6 | Central heating boilers other than those of heading 84.02 | 8403.10.00 | Water heaters with a boiling temperature exceeding 115oC for industrial use | 8403.10.00 | Applicable Regulations/ Standards: TCVN 7704:2007 is abrogated |
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7 | Winches; capstans powered by electric motor | 8425.31.00 | Hoists and windlasses with minimum working load of 10,000 N and lifting angles ranging from 25oto 90ofor industrial use | 8425.31.00 | Applicable Regulations/ Standards: QCVN 02:2016/BCT is supplemented |
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8 | Other machines and mechanical appliances | 8479.89.39 | LPG filling station for containers, tank trucks and automobiles | 8479.89.30 |
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8479.89.40 |
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8479.89.39 | LPG supply station |
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8479.89.40 |
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9 | Electric motors | 8501.10.29 | Explosion-proof electric motors | 8501.10.29 |
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8501.10.49 | 8501.10.49 |
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8501.10.59 | 8501.10.59 |
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8501.10.99 | 8501.10.99 |
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8501.20.19 | 8501.20.19 |
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8501.20.29 | 8501.20.29 |
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8501.31.40 | 8501.31.40 |
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8501.32.22 | 8501.32.12 |
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8501.32.32 | 8501.32.92 |
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8501.33.00 | 8501.33.00 |
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8501.34.00 | 8501.34.00 |
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8501.40.19 | 8501.40.19 |
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8501.40.29 | 8501.40.29 |
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8501.51.19 | 8501.51.19 |
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8501.52.19 | 8501.52.19 |
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8501.52.29 | 8501.52.29 |
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8501.52.39 | 8501.52.39 |
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8501.53.00 | 8501.53.00 |
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10 | Electric generators | 8502.11.00 | Explosion-proof electric generators | 8502.11.00 |
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8502.12.10 | 8502.12.10 |
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8502.12.20 | 8502.12.20 |
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8502.13.20 | 8502.13.10 |
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8502.13.90 | 8502.13.90 |
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8502.20.10 | 8502.20.10 |
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8502.20.20 | 8502.20.20 |
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8502.20.30 | 8502.20.30 |
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8502.20.42 | 8502.20.41 |
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8502.20.49 | 8502.20.49 |
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8502.39.10 | 8502.39.10 |
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8502.39.20 | 8502.39.20 |
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8502.39.32 | 8502.39.31 |
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8502.39.39 | 8502.39.39 |
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11 | Explosion-proof transformers | 8504.33.11 | Explosion-proof transformers | 9817.30.10 |
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8504.34.11 |
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8504.34.14 |
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8504.34.22 |
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8504.34.25 |
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8504.33.19 | 9817.30.90 |
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8504.34.12 |
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8504.34.13 |
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8504.34.15 |
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8504.34.16 |
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8504.34.23 |
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8504.34.24 |
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8504.34.26 |
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8504.34.29 |
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12 | Static converters | 8504.40.90 | Explosion-proof frequency converters | 8504.40.90 |
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13 | Communication equipment |
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13.1 | Telephone sets, including telephones for cellular networks or for other wireless networks | 8517.11.00 | Explosion-proof communication equipment (telephones, walkie-talkies, electric horns, electric belts) | 8517.11.00 |
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8517.12.00 | 8517.12.00 |
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8517.18.00 | 8517.18.00 |
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13.2 | Base stations | 8517.61.00 | 8517.61.00 |
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13.3 | Wireless LANs | 8517.62.51 | 8517.62.51 |
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13.4 | Electric sound or visual signaling apparatus | 8531.10.20 | 8531.10.20 |
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8531.10.30 | 8531.10.30 |
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8531.10.90 | 8531.10.90 |
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8531.80.10 | 8531.80.11 |
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8531.80.19 |
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14 | Electrical apparatus for switching or protecting electrical circuits |
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14.1 | Automatic circuit breakers, for a voltage exceeding 1,000 V | 8535.21.10 | Explosion-proof electrical distribution and switching equipment (Magnetic starter, soft starter, circuit breaker, automatic breaker, earth leakage relay) | 8535.21.10 |
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8535.21.20 |
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8535.21.90 | 8535.21.90 |
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8535.29.10 | 8535.29.00 |
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8535.29.90 |
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14.2 | Isolating switches and make-and-break switches, for a voltage of 66 kV or more | 8535.30.20 | 8535.30.20 |
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14.3 | Automatic circuit breakers, for a voltage not exceeding 1,000 V | 8536.20.11 | 8536.20.11 |
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8536.20.12 | 8536.20.12 |
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8536.20.19 | 8536.20.19 |
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14.4 | Other apparatus for protecting electrical circuits, for a voltage not exceeding 1,000 V | 8536.30.90 | 8536.30.90 |
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14.5 | Relays for a voltage not exceeding 60 V | 8536.41.10 | 8536.41.10 |
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8536.41.20 | 8536.41.20 |
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8536.41.30 | 8536.41.30 |
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8536.41.40 | 8536.41.40 |
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8536.41.90 | 8536.41.90 |
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14.6 | Other relays | 8536.49.10 | 8536.49.10 |
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8536.49.90 | 8536.49.90 |
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15 | Explosion-proof control apparatus |
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15.1 | Other apparatus for switching electrical circuits | 8536.50.99 | Explosion-proof control apparatus (control panels, push button boxes) | 8536.50.99 |
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15.2 | Control panels for a voltage not exceeding 1,000 V | 8537.10.11 | 8537.10.11 |
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8537.10.19 | 8537.10.19 |
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8537.10.92 | 8537.10.92 |
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8537.10.99 | 8537.10.99 |
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8537.20.21 | 8537.20.21 |
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8537.20.29 | 8537.10.29 |
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16 | Electrical machines and apparatus, having individual functions | 8543.70.90 | Electrical Blasting Machine | 8543.70.90 |
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17 | Electric wires and cables | 8544.20.11 | Explosion-proof cables | 8544.20.11 |
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8544.20.19 | 8544.20.19 |
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8544.20.21 | 8544.20.21 |
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8544.20.29 | 8544.20.29 |
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8544.20.31 | 8544.20.31 |
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8544.20.39 | 8544.20.39 |
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8544.42.94 | 8544.42.91 |
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8544.42.95 |
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8544.42.96 |
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8544.42.97 | 8544.42.92 |
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8544.42.98 |
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8544.42.99 | 8544.42.99 |
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8544.49.22 | 8544.49.22 |
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8544.49.23 | 8544.49.23 |
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8544.49.29 | 8544.49.29 |
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8544.49.41 | 8544.49.41 |
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8544.49.49 | 8544.49.49 |
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8544.60.11 | 8544.60.11 |
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8544.60.19 | 8544.60.19 |
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8544.60.21 | 8544.60.21 |
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8544.60.29 | 8544.60.29 |
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18 | Chandeliers and other electric ceiling or wall lighting fittings | 9405.10.91 | Explosion-proof lamps | 9405.10.30 |
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9405.10.92 | 9405.10.40 |
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9405.10.99 | 9405.10.90 |
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9405.40.20 | 9405.40.20 |
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9405.40.40 | 9405.40.40 |
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9405.40.60 | 9405.40.60 |
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9405.40.99 | 9405.40.99 |
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9405.60.90 | 9405.60.90 |
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Referenced documents:
iThe Circular No.65/2017/TT-BTC dated June 27, 2017 by the Minister of Finance on Vietnam’s Nomenclature of Exports and Imports;
iiThe Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on amendments to the Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade;
iiiThe Government’s Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives;
1The Circular No. 29/2016/TT-BCT on amendments to the Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade is promulgated pursuant to:
“The Government’s Decree No.95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
The Law on quality of goods and products dated November 21, 2007;
The Law on technical regulations and standards dated June 29, 2006;
The Law on occupational safety and sanitation dated June 25, 2015;
The Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 on detailing the implementation of a number of articles of the Law on products and goods quality;
The Government s Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on technical regulations and standards;
The Government s Decree No. 44/2016/ND-CP dated May 15, 2016 elaborating certain articles of the Law on occupational safety and sanitation with respect of technical inspection of occupational safety, occupational safety and sanitation training, and workplace monitoring;
The request of the Director of Department of Science and Technology.”
The Circular No. 33/2017/TT-BCT amending and supplementing HS codes on the List enclosed with the Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade is promulgated pursuant to:
“The Government’s Decree No.98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
The Law on quality of goods and products dated November 21, 2007;
The Law on technical regulations and standards dated June 29, 2006;
The Law on occupational safety and sanitation dated June 25, 2015;
The Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 on detailing the implementation of a number of articles of the Law on products and goods quality;
The Government s Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on technical regulations and standards;
The Government s Decree No. 44/2016/ND-CP dated May 15, 2016 elaborating certain articles of the Law on occupational safety and sanitation with respect of technical inspection of occupational safety, occupational safety and sanitation training, and workplace monitoring;
The Circular No. 65/2017/TT-BTC dated June 27, 2017 by the Minister of Finance on Vietnam’s Nomenclature of Exports and Imports;
The request of the Director of Department of Science and Technology.”
2Article 2 of the Circular No. 29/2016/TT-BCT on amendments to the Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade stipulates that: “This Circular comes into force from February 01, 2017”;
Article 2 of the Circular No. 33/2017/TT-BCT amending and supplementing HS codes on the List enclosed with the Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade stipulates that: “This Circular comes into force from January 01, 2018”.
3This list is superseded by Article 1 of the Circular No. 29/2016/TT-BCT on amendments to the Circular No. 41/2015/TT-BCT dated November 24, 2015 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade, coming into force from February 01, 2017;
HS codes are changed according to Article 1 of the Circular No. 33/2017/TT-BCT amending and supplementing HS codes on the List enclosed with the Circular No. 29/2016/TT-BCT dated December 13, 2016 by the Minister of Industry and Trade on the List of potentially unsafe products and goods within the authority of the Ministry of Industry and Trade, coming into force from January 01, 2018.
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ENGLISH DOCUMENTS
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