Decision No. 2504/2005/QD-BTM dated October 10, 2005 of the Ministry of Trade promulgating the regulation on management of temporary import for re-export or border-gate transfer of goods banned or suspended from import

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT

THE MINISTER OF TRADE

Pursuant to the Government’s Decision No. 29/2004/ND-CP dated January 16, 2004 on the functions, tasks, power and organizational structure of the Ministry of Trade;

Pursuant to the Government’s Decree No. 57/1998/ND-CP dated July 31, 1998 on detailing the implementation of the Commercial Law regarding import, export, processing and sale and purchase agency activities with foreign countries;

Pursuant to the directions of the Prime Minister stated in Official Dispatch No. 935/TTg-KTTH dated July 7, 2005 on trading in temporary import for re-export, border - gate transshipment and sending goods to bounded warehouses;

At the proposal of the Director of the Import and Export Department,

DECIDES:

Article 1. To issue together with this Decision the Regulation on management of temporary import for re-export, border gate transshipment for goods banned from import and goods temporarily ceased from import.

Article 2. To annul Circular No. 16/2000/TT-BTM dated August 21, 2000 of the Ministry of Trade guiding the temporary import for re-export and border - gate transshipment for automobiles and cigarettes into the Chinese market.

Article 3. This Decision takes effect 15 days after its publication in CONG BAO.

Article 4. The People’s Committees of the provinces where the border - gate Economic Zones are located in as stipulated in the Prime Minister’s Decision No. 53/2001/QD-TTg dated April 19, 2001, the Director of the Import and Export Department, the Heads of the Offices and relevant units of the Ministry of Trade, traders engaged in trading in goods banned from import and goods temporarily ceased from import shall have to implement this Decision.

REGULATION

ON MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT
(Issued together with Decision No. 2504/2005/QD-BTM dated October 10, 2005 of the Minister of Trade)

Article 1.

Scope of regulation

1. This Regulation governs the management of temporary import for re-export, border gate transshipment for goods banned from import and goods temporarily ceased from import and decentralization of this management between the Ministry of Trade and the People’s Committees of the provinces where the border gate Economic Zones are located as stipulated at Decision No. 53/2001/QD-TTg dated April 19, 2001 of the Prime Minister (hereinafter referred to as the People’s Committees of the provinces where the border - gate Economic Zones are located) .

2. The temporary import for re-export, border gate transshipment for goods banned from import and goods temporarily ceased from import shall comply with this Regulation and other relevant stipulations in the Regulation on business in the mode of borde-gate transshipment and the Regulation on business in the mode of temporary import for re-export issued together with Decision No. 1311/1998/QD-BTM dated October 31, 1998 of the Minister of Trade.

Article 2.

 Goods temporarily imported for re-export and border gate transshipment

1. The temporary import for re-export and border gate transfer for goods  on the List enclosed with this Regulation is banned.

2. For goods banned from import and goods temporarily ceased from import but are not in the List issued together with this Regulation, traders may only do business of temporary import for re-export and border gate transshipment after getting written permission by the People’s Committees of the provinces where border gate Economic Zones are located in accordance with the stipulations in this Regulation.

Article 3. 

The agencies in charge of granting licenses for temporary import for re-export and border -gate transshipment for goods banned from import and goods temporarily ceased from import.

1. The Ministry of Trade shall grant licenses for temporary import for re-export and border -gate transshipment for goods banned from import and goods temporarily ceased from import through the international border gates and international seaports of Vietnam.

2. The People’s Committees of the provinces where the border - gate Economic Zones are located shall have to grant licenses for temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border gate Economic Zones.

3. The coordination in granting licenses for temporary import for re-export and border gate transshipment for goods banned from import and goods temporarily ceased from import between the Ministry of Trade and the People’s Committees of the provinces where the border gate Economic Zones are located shall be conducted as follows:

a. Traders who wish to temporarily import through the international border gates and the international seaports and to re-export though the border-gate Economic Zones shall first obtain permission of the People’s Committees of the provinces where the border gate Economic Zones are located for re-export at those border - gate Economic Zones, and then apply for  temporary import licenses at the Ministry of Trade.

b. The traders who have been granted by the Ministry of Trade the licenses for temporary import for re-export and border-gate transshipment, then need to re-export goods through border-gate Economic Zones shall produce such licenses granted by the Ministry of Trade for getting their permission for re-export via border - gate Economic Zones.

Article 4.

Requirements for the business activities of temporary import for re-export and border-gate transshipment for goods banned from export and goods temporarily ceased from import

4.1. For the granting of licenses by the Ministry of Trade:

Goods delivery and receipt means must be the international means of transport as stipulated in the Law on Marine and other current stipulations of the Ministry of Transport.

The payment must be carried out via the banks in accordance with the stipulations of the State Bank of Vietnam.

4.2. For the People’s Committees of the provinces where the border - gate Economic Zones are located:

The People’s Committees of the provinces where the border - gate Economic Zones are located shall issue the conditions for being granted licenses on temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border gate Economic Zones according to the current stipulations, international practices, conditions to combat against the trade fraudulences, smuggling in their provinces and other conditions for being granted licenses on temporary import for re-export, border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border - gate Economic Zones.

Article 5.

Implementation provisions

5.1. The People’s Committees of the provinces where the border - gate Economic Zones are located shall have to quarterly report in writing the licenses granting situation, the situation of combating against smuggling and trade fraudulences, that is related to the granting of business licenses to the Ministry of Trade to sum up and report to the Prime Minister.

5.2. Any violations of this Regulation shall be handled according to the provisions of law.

APPENDIX

THE LIST OF GOODS BANNED FROM TEMPORARY IMPORT FOR RE-EXPORT AND BORDER - GATE TRANSSHIPMENT
(Issue together with the Regulation on management of temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import)

1. Weapons, ammunitions, explosive materials (excluding industrial explosive materials according to the separate stipulations), military technical equipment.

2. Antiquities

3. Drugs of all kinds (excluding the pre-drugs according to the specific stipulations).

4. Toxic chemicals of all kinds

5. Wildlife animals and plants and rare and valuable animals and plants

6. Special-use codes of all kinds and code software programs used to protect the State secrets.

7. Discarded materials and wastes (excluding the discarded materials and wastes that are allowed to import  fore use as materials for the domestic production).