Circular No. 40/2017/TT-BQP dated February 23, 2017 of the Ministry of National Defence on the List of goods banned from import and export under the management of Ministry of National Defence as prescribed Decree No. 187/2013/ND-CP

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Circular No. 40/2017/TT-BQP dated February 23, 2017 of the Ministry of National Defence on the List of goods banned from import and export under the management of Ministry of National Defence as prescribed Decree No. 187/2013/ND-CP
Issuing body: Ministry of National DefenceEffective date:
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Official number:40/2017/TT-BQPSigner:Phan Van Giang
Type:CircularExpiry date:
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Issuing date:23/02/2017Effect status:
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THE MINISTRY OF NATIONAL DEFENCE

Circular No. 40/2017/TT-BQP dated February 23, 2017 of the Ministry of National Defence on the List of  goods banned from import and export under the management of Ministry of National Defence as prescribed Decree No. 187/2013/ND-CP

Pursuant to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016 detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legislative Documents;

Pursuant to the Government’s Decree No. 35/2013/ND-CP dated April 22, 2013 defining Functions, Tasks, Powers and Organizational Structure of Ministry of National Defence;

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

At the request of Director of Department of Planning and Investment,

Minister of National Defence makes decision to:

Article 1.Promulgate the list of goods banned from import and export under the management by Ministry of National Defence as prescribed in the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 detailing the implementation of the Commercial Law regarding international goods trading and goods purchase, sale, processing and transit agency activities with foreign countries(The attached list).

Article 2.This Circular takes effect as from April 10, 2017 and supersedes Decision No. 80/2006/QD-BQP dated May 09, 2006 by the Minister of National Defence on the list of goods banned from import and export.

Article 3.Heads of relevant agencies, organizations and enterprises and relevant individuals shall implement this Circular./.

For the Minister

The Deputy Minister

 Lieutenant-general Phan Van Giang

 

APPENDIX

 LIST OF GOODS BANNED FROM IMPORT AND EXPORT UNDER THE MANAGEMENT OF MINISTRY OF NATIONAL DEFENCE AS PRESCRIBED IN THE GOVERNMENT’S DECREE NO. 187/2013/ND-CP DATED NOVEMBER 20, 2013
(Issued with the Circular No. 40/2017/TT-BQP dated February 23, 2017 by Minister of National Defence)

Chapter

Heading

Subheading

Description

36

3601

00

00

Explosives (other than industrial explosives), propellant powders

36

3602

00

00

Prepared explosives, other than propellant powders

36

3603

00

00

Propellants, explosives, safety fuses, detonating fuses, detonating tubes, detonating caps, primers, percussion caps, igniters, electric detonators, detonating cords, slow igniter cords, and explosive spare parts specialized in military sector.

HS CODES ARE UNAVAILABLE 

 

 

 

Electronic warfare equipment, jammers, devices used for preventing radio receipt and monitoring radio information and satellite information, etc. specialized in military sector:

- Electronic countermeasures and electronic counter-countermeasures or electronic protective measures (i.e. devices designed to trick or deceive or interfere in operations of radar or radio receivers, or cause obstruction to the receipt or operation, or weaken an enemy’s electronic devices, including countermeasures), including jamming devices and anti-jamming devices;

- Electronic equipment or systems designed to monitor or control electromagnetic spectrums used for intelligence and military security purposes or for coping with such monitoring or control;

- Underwater countermeasure devices, including senders of blind signals, jammers and devices designed to generate false or misleading signals diverting ultrasonic receivers;  

- Devices designed to secure, process, transmit and generate signals used in encryption and decryption activities so as to protect state secrets (excluding civil cryptography products);

- Devices used for identifying, verifying, creating and managing private keys, manufacturing and distributing cryptography products for protecting state secrets.      

- Guiding and steering devices used in military sector (such as missile guidance systems);

- Digital demodulators specially designed to receive signals intelligence.

- Military communication means and specialized military command and control systems of various kinds.

HS CODES ARE UNAVAILABLE  

 

 

 

Military vehicles

Relevant road transport vehicles and parts specially designed or modified for military purposes, including:

- Breakdown lorries, tractors, vehicles used for transporting military weapons and military hardware (excluding civilian vehicles or armored and explosion-resistant trucks used in transporting money, jewels or precious metals).

87

8710

00

00

Tanks, amphibious vehicles and other armored fighting vehicles, motorized, whether or not fitted with weapons, and parts of such vehicles.

88

8802

 

 

Fighter aircrafts, helicopters of various kinds, and other aircrafts (only including the ones fitted with fighter equipment and weapons); Other airplanes and lighter-than-air transportation means(Balloons or spacecrafts operated by hot air or lighter-than-air gases such as helium or hydrogen)specially designed or modified to serve military purposes, including reconnaissance planes, fighter aircrafts, military trainer aircrafts, military cargo aircrafts and other aircrafts used for transporting military equipment, goods and ordnance, and their parts specially designed for military purposes.    

HS CODES IS UNAVAILABLE 

 

 

 

Personal parachutes or specialized parachutes for transporting ordnance or slowing down aircrafts specially designed to serve military purposes.

HS CODES IS UNAVAILABLE 

 

 

 

Military hats and caps, protective masks and relevant parts specially designed to serve military purposes; pressure sustaining devices for assisting with breathing and clothing used in fighter aircrafts; G-suits, converters of liquid oxygen into gas used for fighter aircrafts or missiles and ejection seats that propel the crew members out of the aircraft in emergency cases.

89

8906

10

00

Warships and vessels (surface vessels or submarines) specially designed or modified for defending or attacking, whether or not changed for serving demilitarized purposes, whatever they are in good operating conditions or repaired, and whether or not fitted with weapon launching systems, or armored parts and entire or partial hulls of such warships and vessels.

93

9301

 

 

Military weapons (other than the weapons of heading 8710.00.00 and heading 9302.00.00)

HS CODE IS UNAVAILABLE 

 

 

 

Biological weapons, chemical weapons, atomic weapons, nuclear weapons, radiological weapons, weapons of mass destruction, and technology lines for production of these weapons.

93

9301

10

00

Artillery weapons (for example, howitzers and mortars, etc.)

93

9301

20

00

Rocket launchers, flame-throwers, grenade launchers, torpedo tubes and similar projectors

93

9302

00

00

Revolvers and pistols (other than those of heading 93.03 or 93.04)

93

9305

10

00

Parts and accessories of the weapons of heading 9302.00.00

93

9305

91

00

Parts and accessories of the weapons of heading 9301

93

9306

 

 

Bombs, grenades, hand grenades, torpedoes, naval mines, mines, missiles, rockets and similar munitions of war and parts thereof; cartridges and other ammunition and projectiles and parts thereof, including shot and cartridge wads.

HS CODES ARE UNAVAILABLE 

 

 

 

High-energy laser weapon systems, experimental models or opposing equipment, or relevant devices and their parts specially designed to serve same military purposes:

+ Laser systems specially designed to destroy or revoke targeted kill orders;

+ Particle-beam generators capable of damaging the target or cancelling targeted kill orders;

+ High-energy radio frequency weapon systems capable of destroying the target or cancelling targeted kill orders;

+ Devices specially designed to serve detection or identification purposes, or to cope with detection or identification devices;

HS CODE IS UNAVAILABLE 

 

 

 

Technology lines used in production or repair of weapons, ammunitions, military explosives and equipment.

HS CODE IS UNAVAILABLE 

 

 

 

Specialized military radars (observation radars, watching radars, etc.)

HS CODE IS UNAVAILABLE 

 

 

 

NBC (Nuclear, Biological and Chemical) reconnaissance hardware integrated with radioactive sources, various kinds of radioactive sources with an equivalent higher than the medical equivalent and a long half-life period used in military sector; Military hardware in support of river crossing or mine detection, optical hardware, and engineer hardware specially designed to serve military purposes.   

HS CODE IS UNAVAILABLE 

 

 

 

Special military equipment of task forces, special forces, reconnaissance forces, intelligence forces and radiation, chemical and biological defence troops.

HS CODE IS UNAVAILABLE 

 

 

 

Image-processing devices specially designed to serve military purposes, and their parts and accessories.

HS CODE IS UNAVAILABLE 

 

 

 

Documentation, paper diagrams and drawings, etc. used in military sector.

HS CODES ARE UNAVAILABLE 

 

 

 

Software specially designed to serve:

+ Modeling, simulation or evaluation of military weapon systems;  

+ Development, supervision, maintenance or updating of software of military weapon systems;

+ Modeling or simulation of military marching scenarios;

+ Command, communications, control and intelligence applications, or command, communications, control, computer and intelligence applications specialized in military sector;

+ Software for verifying efficiency of biological weapons, chemical weapons, atomic weapons and conventional weapons;

HS CODE IS UNAVAILABLE 

 

 

 

Parts and materials substitute for military weapons and hardware

HS CODE IS UNAVAILABLE 

 

 

 

Body armor vests, helmets, respirators, clothing of special forces, and diving equipment used in military.

HS CODE IS UNAVAILABLE 

 

 

 

Uniforms of armed forces (including common daily uniforms, outdoor clothing, dress uniforms, hats, and army badges and insignia), not applicable to production or export processing of uniforms for foreign armed forces (these cases shall be governed by the Circular No. 49/2015/TT-BCT dated December 21, 2015 by Ministry of Industry and Trade on production and export processing of uniforms for foreign armed forces).

HS CODE IS UNAVAILABLE 

 

 

 

Equipment in support of training and fighting operations (models of guns, ammunition, weapons, diversion or camouflage; special equipment used in training and simulation of military scenarios, simulation parts specially designed to serve fire-power and weapon training activities.

Ministry of National Defence shall assume responsibility to amend the list of goods banned from import and export under the management of Ministry of National Defence in each period according the nature, managerial requirements and actual situation.

 

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