Circular No. 18/2014/TT-BTTTT dated November 26, 2014 of the Ministry of Information and Communications detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, on the grant of import licenses for radio transmitters and radio transceivers

CIRCULAR

Detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, on the grant of import licenses for radio transmitters and radio transceivers[1]

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the November 23, 2009 Law on Radio Frequency;

Pursuant to the Government’s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding the implementation of a number of articles of the Law on Telecommunications;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;

Pursuant to the Government’s Decree No. 132/2013/ND-CP of October 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Prime Minister’s Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing;

At the proposal of the Director of the Vietnam Telecommunications Authority,

The Minister of Information and Communications promulgates the Circular detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, on the grant of import licenses for radio transmitters and radio transceivers.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Circular provides conditions, procedures and order of grant and re-grant of import licenses, cases exempt from import license, the list and HS headings of microwave equipment, radio transmitters and radio transceivers with a frequency band of between 9 KHz and 400 GHz and an output of 60 mW or higher (below referred to as radio transmitters and radio transceivers) under the specialized management of the Ministry of Information and Communications.

2. This Circular applies to organizations and individuals that import radio transmitters and radio transceivers prescribed in Article 2 of this Circular (below referred to as importers).

3. Radio transmitters and radio transceivers which are personal belongings and effects of individuals with diplomatic status or personal luggage prescribed by law shall comply with particular regulations of the Government and the Prime Minister.

4. Temporary import for re-export of radio transmitters and radio transceivers shall comply with Decree No. 187/2013/ND-CP of November 20, 2013, and guidance of the Ministry of Industry and Trade.

Article 2.Radio transmitters and radio transceivers subject to import license

1. The list of radio transmitters and radio transceivers subject to import license is prescribed in Appendix I to this Circular and applies only to radio transmitters and radio transceivers whose HS headings and goods descriptions are identical to those on the list.

2. Radio transmitters and radio transceivers subject to import license are apparatuses in complete set with technical specifications and goods descriptions consistent with designed technical specifications and structure, and may operate independently, not including their parts or spare parts and radio receivers.

Article 3.Cases exempt from import license

Radio transmitters and radio transceivers prescribed in Appendix I to this Circular are exempt from import license in the following cases:

1. They are owned by diplomatic missions, foreign consulates, representative offices of international organizations in Vietnam and high-ranking foreign delegates visiting Vietnam which are entitled to diplomatic privileges and immunities; or by non-resident foreign reporters conducting press activities in Vietnam (who possess press licenses granted by the Ministry of Foreign Affairs).

Radio transmitters and radio transceivers prescribed in this Clause are exempt from import licenses but must have radio frequency use licenses granted by the Authority of Radio Frequency Management when in use.

2. Terrestrial cell phones that are consigned together or not together with persons on entry or imported by post or international express delivery for personal purposes; terrestrial cell phones that are temporarily exported for re-import for the purposes of maintenance, repair or replacement, provided their warranty is still valid under import contracts.

Article 4.Validity of import licenses

An import license may be used for the import of a goods shipment indicated in such license and is valid until such goods shipment is completely cleared from customs procedures with a quantity not exceeding that specified in the import license and within the validity duration of the regulation conformity certificate or commercial contract.

Article 5.Fee for grant or re-grant of import licenses

Importers shall pay a fee for the grant or re-grant of import licenses under current regulations.

Chapter II

PROCEDURES FOR GRANT OF IMPORT LICENSES FOR RADIO TRANSMITTERS AND RADIO TRANSCEIVERS

Article 6.Import conditions

To be imported, radio transmitters and radio transceivers must satisfy the following conditions:

1. Being conformable with standards and technical regulations promulgated or publicized by the Ministry of Information and Communications for compulsory application, and compatible with installation positions and regulations on telecommunications management.

2. Being in line with master plans on radio frequency and regulations on use of radio frequency and import purposes.

Radio transmitters and radio transceivers that fail to meet the above requirements or are imported for special purposes shall comply with the Information and Communications Ministry’s guidance on a case-by-case basis.

Article 7.Import licensing agency

The Vietnam Telecommunications Authority under the Ministry of Information and Communications shall grant import licenses for radio transmitters and radio transceivers.

Article 8.Procedures for import licensing

1. A dossier of application for an import license shall be made in one (1) set, comprising:

a/ An application for an import license, made according to form No. 01 in Appendix II to this Circular;

b/ A certified copy or a copy enclosed with the original for comparison, of the document proving the legal entity status (enterprise registration certificate, or establishment decision/license, or investment certificate/license, or identity card/passport);

c/ The importer’s certified copy of regulation conformity certificate;

d/ The importer’s certified copies of technical documents of equipment;

e/ A certified copy or a copy enclosed with the original for comparison, of the commercial invoice indicating the appellations, codes and quantity of imported radio transmitters and radio transceivers.

f/ A certified copy or a copy enclosed with the original for comparison, of the commercial contract or documents or bills of lading indicating appellations, codes and quantity of imported radio transmitters and radio transceivers.

2. Dossier-receiving address:

Dossiers of application for import licenses may be sent by post to or submitted directly at the Vietnam Telecommunications Authority, of which the address, telephone number, fax number are posted at the websitewww.vnta.gov.vn.

Results of processing dossiers of application for import licenses are notified at the dossier-receiving place or by post.

3. Order and time limit for grant of import licenses:

a/ Order of grant of import licenses:

Right after receiving a dossier submitted directly to the Vietnam Telecommunications Authority or within three (3) working days after receiving a dossier sent by post, the Vietnam Telecommunications Authority shall examine the importer’s dossier of application for import license, request modification of the dossier (in case the dossier fails to satisfy the conditions specified in Clause 1 of this Article). Within five (5) working days after requesting the modification, if the importer fails to modify the dossier, the Vietnam Telecommunications Authority shall issue a notice of refusal to grant a license;

b/ Time limit for grant of import licenses:

Within seven (7) working days after receiving a complete and valid dossier, the Vietnam Telecommunications Authority shall consider and grant an import license, made according to the form provided in Appendix III to this Circular. In case of refusal to grant a license, the Vietnam Telecommunications Authority shall issue a written reply clearly stating the reason.

Article 9.Re-grant of import licenses

1. An importer shall apply for re-grant of an import license in the following cases:

a/ The license is lost or damaged but remains valid and the goods shipment concerned has not yet been completely cleared from customs procedures;

b/ The regulation conformity certificate expires;

c/ There is a change in the regulation conformity certificate;

d/ There is a change in the import license’s contents related to the quantity of radio transmitters and radio transceivers; import purpose; or the goods seller.

2. Procedures for re-grant of import licenses:

a/ A dossier of application for re-grant of an import license shall be made in one (1) set, comprising:

- An application for re-grant of an import license, made according to form No. 02 provided in Appendix II to this Circular;

- Copies of documents relevant to modified contents of the import license.

b/ Dossiers of application for re-grant of import licenses may be sent by post or submitted directly to the Vietnam Telecommunications Authority, of which the address, telephone number and fax number are posted at the websitewww.vnta.gov.vn.

Results of processing dossiers of application for re-grant of import licenses are notified at the dossier-receiving place or by post.

c/ Time limit for re-grant of import licenses: Within five (5) working days after receiving a dossier of application for re-grant of an import license, the Vietnam Telecommunications Authority shall consider and re-grant the import license, made according to the import license form provided in Appendix III to this Circular, to the importer.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10.Implementation provisions

1. This Circular takes effect on January 16, 2015.

2. Import licenses for radio transmitters and radio transceivers granted under Circular No. 14/2011/TT-BTTTT of June 7, 2011, remain valid until the expiration of the validity duration stated in such licenses.

3. This Circular replaces Clauses 2 and 3, Article 2, Chapter I; Clauses 1, 3 and 4, Article 3, Chapter I; Clause 2, Article 4, Chapter I; Section 2, Chapter II; Appendix II; forms 4, 5, and 6, Appendix III; of the Ministry of Information and Communications’ Circular No. 14/2011/TT-BTTTT of June 7, 2011, guiding the implementation of the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, regarding goods subject to specialized management by the Ministry of Information and Communications.

4. The Chief of the Office, the Director of the Vietnam Telecommunications Authority, heads of units of the Ministry of Information and Communications and related organizations and individuals shall implement this Circular.

5. Any problem arising in the course of implementation should be reported to the Ministry of Information and Communications for prompt settlement.-

Minister of Information and Communications
NGUYEN BAC SON

* All appendices to this Circular are not translated.