VietnameseCircular No. 34/2013/TT-BCT dated of December 24, 2013 of the Ministry of Industry and Trade publicizing the roadmap for the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam
ATTRIBUTE
| Issuing body: | Ministry of Industry and Trade | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 34/2013/TT-BCT | Signer: | Ho Thi Kim Thoa |
| Type: | Circular | Expiry date: | Updating |
| Issuing date: | 24/12/2013 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising |
THE MINISTRY
No. 34/2013/TT-BCT | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
Hanoi, December 24, 2013 |
CIRCULAR
Publicizing the roadmap for the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam[1]
Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the National Assembly’s Resolution No. 71/2006/QH11 of November 29, 2006, ratifying the Protocol on the Accession of the Socialist Republic of Vietnam to the Agreement Establishing the World Trade Organization;
Pursuant to the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam;
Pursuant to the Government’s Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law;
At the proposal of the director of the Planning Department;
The Minister of Industry and Trade promulgates the Circular publicizing the roadmap for the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam.
Article 1. Scope of regulation
This Circular publicizes the roadmap for, and regulations on, realization of Vietnam’s commitments to the World Trade Organization (WTO) regarding the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam.
Article 2. Exercise of the export right, import right and distribution right by foreign-invested enterprises in Vietnam
1. Foreign-invested enterprises in Vietnam may export goods not on the list of goods provided in Appendix 1 to this Circular.
2. Foreign-invested enterprises in Vietnam may import goods not on the list of goods provided in Appendix 2 to this Circular.
3. Foreign-invested enterprises in Vietnam may distribute goods not on the list of goods provided in Appendix 3 to this Circular.
4. The exercise of the export right, import right and distribution right by foreign-invested enterprises in Vietnam must comply with this Circular and relevant current legal documents.
Article 3. Principles of using lists of goods
1. The classification of goods in Appendices 1 and 2 to this Circular complies with Vietnam’s List of imports and exports promulgated together with the Ministry of Finance’s Circular No. 156/2011/TT-BTC of November 14, 2011.
2. In case the Ministry of Finance’s Circular No. 156/2011/TT-BTC of November 14, 2011, is amended, supplemented or replaced, the amending, supplementing or replacing regulations apply.
Article 4. Effect
1. This Circular takes effect on February 5, 2014, and applies to all cases in which licenses have not been granted or modified, supplemented or re-granted before the effective date of this Circular.
2. This Circular replaces the Ministry of Trade’s Decision No. 10/2007/QD-BTM of May 21, 2007, publicizing the roadmap for the trading of goods and activities directly related activities to the trading of goods.-
For the Minister of Industry of Trade
Deputy Minister
HO THI KIM THOA
Appendix 1
LIST OF GOODS WHICH FOREIGN-INVESTED ENTERPRISES MAY NOT EXPORT
(To the Ministry of Industry and Trade’s Circular No. 34/2013/TT-BCT of December 24, 2013)
Code | Description |
| Petroleum oils and oils obtained from bituminous minerals, crude |
2709.00.10 | - Crude petroleum oils |
2709.00.20 | - Condensate |
2709.00.90 | - Other |
Appendix 2
LIST OF GOODS WHICH FOREIGN-INVESTED ENTERPRISES MAY NOT IMPORT
(To the Ministry of Industry and Trade’s Circular No. 34/2013/TT-BCT of December 24, 2013)
Code | Description |
| Cigars, cheroots, cigarillos and cigarettes, of tobacco or tobacco substitutes |
2402.10.00 | - Cigars, cheroots and cigarillos, containing tobacco |
2402.20 | - Cigarettes, containing tobacco |
2402.20.10 | - - Beedies |
2402.20.20 | - - Clove cigarettes |
2402.20.90 | - - Other |
2402.90 | |
2402.90.10 | - - Cigars, cheroots and cigarillos of tobacco substitutes |
2402.90.20 | - - Cigarettes of tobacco substitutes |
| Other manufactured tobacco and manufactured tobacco substitutes; “homogenized” or “reconstituted” tobacco; tobacco extracts and essences |
2403 | - Smoking tobacco, whether or not containing tobacco substitutes in any proportion: |
2403.11.00 | - - Water pipe tobacco specified in Subheading Note 1 to this Chapter |
2403.19 | - - Other: |
| - - - Packed for retail sale: |
2403.19.11 | - - - - Ang Hoon |
2403.19.19 | - - - - Other |
2403.19.20 | - - - Other manufactured tobacco for the manufacture of cigarettes |
2403.19.90 | - - - Other |
| Petroleum-originated oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum-originated oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils |
2710.12 | - - Light oils and preparations: |
| - - - Motor spirit: |
2710.12.11 | - - - - Of RON 97 and above, leaded |
2710.12.12 | - - - - Of RON 97 and above, unleaded |
2710.12.13 | - - - - Of RON 90 and above, but below RON 97, leaded |
2710.12.14 | - - - - Of RON 90 and above, but below RON 97, unleaded |
2710.12.15 | - - - - Other, leaded |
2710.12.16 | - - - - Other, unleaded |
2710.12.20 | - - - Aviation spirit, not of a kind used as jet fuel |
2710.12.30 | - - - Tetrapropylen |
2710.12.40 | - - - White spirit |
2710.12.50 | - - - Low aromatic solvents containing by weight less than 1% aromatic content |
2710.12.60 | - - - Other solvent spirits |
2710.12.70 | - - - Naphtha, reformates or preparations for preparing motor spirits |
2710.12.80 | - - - Other Alpha olefin |
2710.12.90 | - - - Other |
2710.19 | - - Other: |
2710.19.20 | - - - Topped crudes |
2710.19.30 | - - - Carbon black feedstock |
| - - - Lubricating oils and greases: |
2710.19.41 | - - - - Lubricating oil feedstock |
2710.19.42 | - - - - Lubricating oils for aircraft engines |
2710.19.43 | - - - - Other lubricating oils |
2710.19.44 | - - - - Lubricating greases |
2710.19.50 | - - - Hydraulic brake fluid |
2710.19.60 | - - - Transformer and circuit breakers oils |
| - - - Diesel fuel; fuel oils: |
2710.19.71 | - - - - Automotive diesel fuel |
2710.19.72 | - - - - Other diesel fuels |
2710.19.79 | - - - - Fuel oils |
2710.19.81 | - - - Aviation turbine fuel (jet fuel) having a flash point of 23oC or more |
2710.19.82 | - - - Aviation turbine fuel (jet fuel) having a flash point of less than 23oC |
| Newspapers, journals and periodicals, whether or not illustrated or containing advertising material |
4902.10.00 | - Appearing at least four times a week |
4902.90 | - Other: |
4902.90.10
| - - Educational, technical, scientific, historical or cultural journals and periodicals |
4902.90.90 | - - Other |
| Discs, tapes and other recording media already recorded with sound or other similar phenomena, including matrices and masters for the production of tapes, discs, etc. |
8523.21.90 | - - - Other |
8523.29.21 | - - - - - Video tapes |
8523.29.29 | - - - - - Other |
8523.29.41 | - - - - - Computer tapes |
8523.29.42 | - - - - - Of a kind suitable for cinematography |
8523.29.43 | - - - - - Other video tapes |
8523.29.49 | - - - - - Other |
8523.29.61 | - - - - - Of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format storage (recorded) media |
8523.29.62 | - - - - - Of a kind suitable for cinematography |
8523.29.63 | - - - - - Other video tapes |
8523.29.69 | - - - - - Other |
8523.29.81 | - - - - - - Of a kind suitable for computer use |
8523.29.82 | - - - - - - Other |
8523.29.83 | - - - - - Other, of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format storage (recorded) media |
8523.29.84 | - - - - - Other, of a kind suitable for cinematography |
8523.29.89 | - - - - - Other |
8523.29.93 | - - - - - - Of a kind suitable for computer use |
| Other aircraft (for example, helicopters, aeroplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles |
| - Helicopters: |
8802.11.00
| - - Of an unladen weight not exceeding 2,000 kg |
8802.12.00 | - - Of an unladen weight exceeding 2,000 kg |
8802.20 | - Aeroplanes and other aircraft, of an unladen weight not exceeding 2,000 kg: |
8802.20.10 | - - Aeroplanes |
8802.20.90 | - - Other |
8802.30 | - Aeroplanes and other aircraft, of an unladen weight exceeding 2,000 kg but not exceeding 15,000 kg: |
8802.30.10 | - - Aeroplanes |
| Parts of goods of heading 88.01 or 88.02 |
8803.10.00 | - Propellers and rotors and parts thereof |
8803.20.00 | - Under-carriages and parts thereof |
8803.30.00 | - Other parts of aeroplanes or helicopters |
8803.90 | - Other: |
8803.90.10 | - - Of telecommunications satellites |
8803.90.20 | - - Of balloons, gliders or kites |
8803.90.90 | - - Other |
Appendix 3
LIST OF GOODS WHICH FOREIGN-INVESTED ENTERPRISES MAY NOT DISTRIBUTE
(To the Ministry of Industry and Trade’s Circular No. 34/2013/TT-BCT of December 24, 2013)
No. | Description |
1 | Rice |
2 | Cane or beet sugar |
3 | Tobacco and cigars, including |
3.1 | Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes |
3.2 | Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences |
4 | Crude oils and manufactured oils, including |
4.1 | Petroleum oils and oils obtained from bituminous minerals, crude |
4.2 | Petroleum-originated oils and oils obtained from bituminous minerals, other than crude, and etc. |
5 | Pharmaceutical products, including medicaments specified in Clause 2, Article 2 of Law No. 34/2005/QH11 on Pharmacy |
6 | Explosives, including |
6.1 | Propellent powders |
6.2 | Prepared explosives, other than propellent powders |
6.3 | Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators |
7 | Books, newspapers and journals |
7.1 | Printed books, brochures, leaflets and similar printed matters, whether or not in single sheets |
7.2 | Newspapers, journals and periodicals, whether or not illustrated or containing advertising |
7.3 | Books, pictures, drawing or coloring books for children |
8 | Precious metals and stones |
8.1 | Diamonds, whether or not worked, but not mounted or set |
8.2 | Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; precious stones (other than diamonds), and etc. |
8.3 | Synthetic or reconstructed precious or semi-precious stones, whether or not worked or graded but not strung, mounted or set; and etc. |
8.4 | Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured form, or in powder form |
8.5 | Gold (including gold plated with platinum), unwrought or in semi-manufactured form, or in powder form |
8.6 | Platinum, unwrought or in semi-manufactured form, or in powder form |
8.7 | Including only silver or gold, clad with platinum, not further worked than semi-manufactured |
8.8 | Coin |
9 | Recorded articles of any materials - The list of software, hardware and electronic products prescribed by the Ministry of Information and Communications, except cases permitted by law - Products related to cultural, social and political security prescribed by the Ministry of Culture, Sports and Tourism, except cases permitted by law. |
THE END
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