Circular 48/2018/TT-BYT List of imported and exported medicinal materials

CIRCULAR

On providing the List of imported and exported medicinal materials; extracts of medicinal materials and essential oils for making medicines; traditional drugs and herbal drugs whose HS codes identified under the Vietnam’s nomenclature of exports and imports

Pursuant to the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 on detailing, and providing measures to implement the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Government s Decree No. 69/2018/ND-CP dated May 15, 2018, on detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to the Government s Decree No. 75/2017/ND-CP dated June 20, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Traditional Medicine Administration;

The Minister of Health hereby promulgates the Circular on providing the List of imported and exported medicinal materials; extracts of medicinal materials and essential oils for making medicines; traditional drugs and herbal drugs whose HS codes have been determined under the Vietnam’s nomenclature of exports and imports.

Article 1. Lists’ issuance

To issue together with this Circular 03 Lists of goods whose HS codes identified under the Vietnam’s nomenclature of exports and imports (hereinafter collectively referred to as Lists), including:

1. Appendix 1. The List of HS codes of imported and exported medicinal materials.

2. Appendix 2. The List of HS codes of imported and exported extracts of medicinal materials and essential oils for making medicines.

3. Appendix 3. The List of HS codes of imported and exported traditional drugs and herbal drugs.

Article 2. List instruction

1. Principles for application of Lists:

a) If there is only a 4-digit code, all 8-digit commodities in the same 4-digit heading shall be applied;

b) If there is only a 6-digit code, all 8-digit commodities in the same 6-digit heading shall be applied;

c) If 8-digit commodities are mentioned, only the mentioned commodities in the same subheading shall be applied.

2. Lists enclosed with this Circular shall serve as a basis for making customs declaration upon import and export in Vietnam.

In case of any disputes over HS codes on the List promulgated together with this Circular, the Ministry of Health (the Traditional Medicine Administration, the Drug Administration and Food Administration) shall coordinate with the Ministry of Finance (General Department of Vietnam Customs) and relevant agencies in considering reaching an agreement and deciding on HS codes according to the rules specified in Clause 4, Article 19 of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 on detailing, and providing measures to implement the Customs Law regarding customs procedures and customs inspection, supervision and control to facilitate clearance, and propose amendments to the List.

3. Upon import and export of medicinal materials; extracts of medicinal materials and essential oils for making medicines; traditional drugs and herbal drugs that have not yet been included in such Lists, the customs declaration shall be made in accordance with other relevant regulations of law.

Article 3. Effect

1. This Decision takes effect on July 01, 2019.

2. List 5, List 6 and List 7 promulgated together with the Circular No. 45/2016/TT-BYT dated December 20, 2016 of the Minister of Health on providing the List of imported and exported drugs for human use and cosmetics whose HS codes have been identified under the nomenclature of exports and imports and the preferential import Tariff shall cease to be effective from the effective date of this Circular.

3. Part II. Herbal drugs provided in List 8 promulgated together with the Circular No. 06/2018/TT-BYT dated December 20, 2016 of the Minister of Health on promulgating the nomenclature of imported and exported drugs and medicinal ingredients for human use and cosmetics whose HS codes have been assigned in the Vietnam’s nomenclature of exports and imports shall cease to be effective from the effective date of this Circular.

Article 4. Reference provisions

In the cases where any of the documents referred to in this Circular is amended, replaced or annulled, the newest one shall be applied.

Article 5. Implementation responsibility

Traditional Medicine Administration, Chief of the Ministry Office, Director General of Departments, heads of units affiliated of the Ministry of Health, Departments of Health of provinces and centrally run cities, health facilities, organizations and individuals conducting in the import and export of goods specified in the List attached to this Circular shall be responsible for the implementation of this Circular.

Any difficulty and trouble arising in the course of implementation shall be promptly reported to the Ministry of Health (the Traditional Medicine Administration) for consideration and settlement./.

* All Appendices are not translated herein.