Laws of Vietnam

CIRCULAR No.05/2000/TT-BTM OF FEBRUARY 21, 2000 GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION No.242/1999/QD-TTg OF DECEMBER 30, 1999 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN 2000

I. THE LISTS OF EXPORT AND IMPORT GOODS

- The lists of goods banned from export and import (Appendices No.1A and 1B to this Circular).

- The list of import goods that require the Ministry of Trade’s permits (Appendix No.2 to this Circular).

II. MANAGEMENT OF GOODS EXPORT AND IMPORT

The management of goods export and import in 2000 shall comply with the provisions of the Prime Minister’s Decision No.242/1999/QD-TTg of December 30, 1999. The Ministry of Trade further guides in detail the following points:

1. Textile and garment products to be exported to quota-regulated markets in 2000 shall comply with Joint Circular No.29/1999/TTLT/BTM-BKHDT-BCN of September 7, 1999 of the Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry.

2. Rice export and fertilizer import:

The rice export and fertilizer import shall comply with the Prime Minister’s Decision No.237/1999/QD-TTg of December 24, 1999 and the Ministry of Trade’s Circular No.35/1999/TT-BTM of December 30, 1999.

3. The export of wood products and import of raw material wood shall comply with the Prime Minister’s Decisions No.65/1998/QD-TTg of March 24, 1998, No.136/1998/QD-TTg of July 31, 1998 and Directive No.19/1999/CT-TTg of July 16, 1999, the Government’s Documents No.340/CP-NN of April 07, 1999 and No.743/CP-NN of July 19, 1999 and other current documents.

4. Such goods items, for which the foreign-currency balance for the import demands is ensured by the State, as petrol and oil, fertilizer, iron and steel shall be allowed to be re-exported only when foreign customers pledge to pay therefor in freely convertible foreign currencies and the Ministry of Trade approves it. Fertilizer, iron and steel of various kinds manufactured in Vietnam shall be allowed to be exported according to demands.

5. The export of rubber and the import of rice, liquors, poultry eggs and steel cast shall still comply with the 1999 export and import regulations.

6. Foreign-invested enterprises are allowed to import supplies specified in Appendix No.02 to this Circular for capital construction to create fixed assets, first of all giving priority to the use of home-made goods. The consideration and approval of import plans shall comply with the current regulations on assigned responsibilities for managing export and import by foreign-invested enterprises. The import of materials and raw materials (specified in Appendix No.2 to this Circular) for manufacture of goods must be permitted by the Ministry of Trade.

III. IMPLEMENTATION PROVISIONS

The Ministry of Trade requests the ministries, the ministerial-level agencies, the agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities and the central bodies of the mass organizations to notify enterprises under their management of the contents of the Prime Minister’s Decision No.242/1999/QD-TTg of December 30, 1999 on the management of goods export and import in 2000 and this Circular, so that the latter can implement them. And at the same time, they shall report to the Ministry of Trade matters and problems arising in the course of implementation for timely and appropriate readjustments.

This Circular takes effect as from April 1st, 2000.

For the Minister of Trade
Vice Minister
LUONG VAN TU

GOODS BANNED FROM EXPORT
AND IMPORT

I. GOODS BANNED FROM EXPORT

1. Weapons, ammunitions, explosive materials, military technical equipment and facilities.

2. Antiques.

3. Narcotics of all kinds.

4. Toxic chemicals.

5. Log timber, sawed timber and peeled timber from natural forest timber in the country; firewood, charcoal made from timber or firewood; products and semi-products made from natural forest timbers in the country, which are banned from export under the Prime Minister’s Decision No.65/1998/QD-TTg of March 24, 1998 and the Government’s Documents concerning this Decision (Decision No.136/1998/QD-TTg of July 31, 1998; Directive No.19/1999/CT-TTg of July 16, 1999; Document No.743/CP-NN of July 19, 1999 and Document No.340/CP-NN of April 7, 1999).

6. Wild animals as well as animals and plants of precious and rare species according to the Ministry of Agriculture and Rural Development’s guidance.

II. GOODS BANNED FROM IMPORT

1. Weapons, ammunitions, explosive materials (except those for industrial use as specified in the Prime Minister’s Document No.1535/CP-KTTH of December 28, 1998), military technical equipment and facilities.

2. Narcotics of all kinds.

3. Toxic chemicals.

4. Depraved and reactionary cultural products.

5. Fireworks of all kinds (except for signal fireworks of various kinds for maritime safety and other needs, which are subject to separate regulations of the Prime Minister in Document No.1383/CP-KTTH of November 23, 1999). Children toys which adversely affect their ethical education, social order and security.

6. Cigarettes (except for the prescribed limits included in personal luggage).

7. The list of used consumer goods (except for assets on transfer, including goods in service of personal needs of individuals with diplomatic titles from foreign countries, international organizations and personal effects within the prescribed limits), shall comply with Appendix No.1B to this Circular.

8. Cars with right-hand drive (including those in knocked down forms and those having their right-hand drive switched before being imported into Vietnam), except for special-use self-propelled means with right-hand drive that can operate in narrow spaces, including: crane trucks, canal excavators, road sweepers, dumpers, road-surface rollers, airport passenger transfer vehicles, forklifts at warehouses and ports.

9. Used goods, including:

- Spare parts, engines, frames, tires and inner tubes of automobiles, trailers, special-use vehicles, tractors, motorbicyles and motortricycles.

- Chassis fitted with automobile engines of all kinds.

- Automobiles of all kinds designed to carry people.

- Ambulances.

- Passenger-cum-cargo automobiles.

- Trucks of a tonnage of under 5 tons, manufactured in 1995 or before.

- Internal combustion engines of all kinds.

- Bicycles in complete units, their frames and spare parts.

10. Products and materials containing asbestos of amphibole group.

LIST OF USED CONSUMER GOODS BANNED FROM IMPORT

This list was drawn up on the basis of the Import Tariff issued together with the Finance Ministry’s Decision No.1803/1998/QD-BTC of December 11, 1998.

Following are principles for use of this list:

1. Goods items specified in this list, if they are used ones, shall be banned from import into Vietnam according to provisions in Section 7, Part II, Appendix No.1 to the Prime Minister’s Decision No.242/1999/QD-TTg of December 30, 1999 on the management of goods export and import in 2000.

2. For cases where only 4-digit (or 6-digit) codes are listed, all goods under 8-digit codes belonging to such 4-digit headings (or 6-digit sub-headings) are banned from import, except otherwise provided for right in the list.

3. For cases where 4-digit and 6-digit codes are extended to 8-digit codes, only goods under such newly extended 8-digit codes are banned from import.

4. Used spare parts and components (if any) of used consumer goods banned from import shall also be banned from import.

5. To avoid a too long list, the goods item descriptions have been, in some cases, made concise as compared with those in the Import Tariff (denoted in three dots). The practical implementation shall be based on descriptions of goods items in the Import Tariff.

6. This list shall be used only for implementation of Section 7, Part II, Appendix No.1 to the Prime Minister’s Decision No.242/1999/QD-TTg of December 30, 1999.

Chapter 39 3918 Floor coverings of plastics . . .

3922 Bath-tubs, shower-baths, wash-basins . . .

3924 Tableware, kitchenware

3925 Builders’ ware of plastics . . .

3926 Other articles of plastics (excluding riot shields, light-reflecting
nails and nets impregnated with mosquito killer)

Chapter 42 4201 00 00 Saddlery and harness for any animal . . .

4202 Trunks, suitcases, vanity cases

4203 Apparel and clothing accessories, of leather . . .

Chapter 43 4303 Apparel and clothing accessories . . .

4304 Artificial fur and articles thereof

Chapter 44 4414 00 00 Wooden frames for paintings, photos . . . similar wood products 4419 00 00 Tableware and kitchenware of wood

4420 Wood marquetry and inlaid wood; caskets and cases for jewelry . . . 4421 Other articles of wood (except those under subheading
No.4421.90.10)

Chapter 46 The whole chapter 46

Chapter 48 4815 00 00 Floor coverings on a base of paper or paperboard . . .

Chapter 50 5007 Woven fabrics of silk or yarn from silk waste

Chapter 51 5111 Woven fabrics of carded wool or of carded fine animal hair . . . 5112 Woven fabrics of combed wool or of combed fine animal hair . . .

5113 00 00 Woven fabrics of coarse animal hair or of horsehair

Chapter 52 5208 Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing not more than 200g/m2

5209 Woven fabrics of cotton, containing 85% or more by weight of
cotton, weighing more than 200g/m2

5210 Woven fabrics of cotton, containing less than 85% by weight of cotton . . . weighing not more than 200g/m2

5211 Woven fabrics of cotton, containing less than 85% by weight of cotton . . . weighing more than 200g/m2

5212 Other woven fabrics of cotton

Chapter 53 5309 Woven fabrics of flax

5310 Woven fabrics of jute or other textile bast fibers . . .

5311 00 00 Woven fabrics of other vegetable textile fibers; woven fabrics
of paper yarn

Chapter 54 5407 Woven fabrics of synthetic filament yarn, . . .

5408 Woven fabrics of reconstitutional filament yarn . . .

Chapter 55 5512 Woven fabrics of synthetic staple fiber, containing 85% or more
by weight of such fiber

5513 Woven fabrics of synthetic staple fiber, containing less than
85% . . ., . . . not more than 170g/m2

5514 Woven fabrics of synthetic staple fiber, containing less than
85%, . . ., . . . more than 170g/m2

5515 Other woven fabrics of synthetic fibers

5516 Woven fabrics of reconstitutional staple fiber

Chapter 57 The whole chapter 57

Chapter 58 The whole chapter 58

Chapter 60 The whole chapter 60

Chapter 61 The whole chapter 61,
except for 6114.30.10 and 6114.90.10

Chapter 62 The whole chapter 62,
except for 6211.33.10 and 6211.39.10

Chapter 63 6301 Blankets and travel rugs

6302 Bed linen, table linen, toilet linen . . .

6303 Curtains, (including drapes) and interior blinds . . .

6304 Other textile products for covering furniture . . .

6307 10 00 - Floor cloths, dish cloths, duster and similar cleaning cloths

6308 00 00 Sets consisting of decorating fabrics and yarn . . .

6309 00 00 Worn clothing and other worn apparel articles

Chapter 64 The whole chapter 64 except for 6405.90.10,
6405.90.20 and heading No.6406

Chapter 65 6503 00 00 Felt hats and other felt headwear,. . .

6504 00 00 Hats and other headwear . . .

6505 Hats and other headwear, knitted or crocheted . . .

6506 Other headwear . . .

6506 91 00 - Of rubber or of plastics

6506 92 00 - Of furskin

6506 99 00 - Of other materials

Chapter 66 6601 Umbrellas and sunshades . . .

6602 00 00 Walking sticks, seat-sticks . . .

Chapter 67 6702 Artificial flowers, foliage and fruits and parts thereof . . .

6704 Wigs, false beards, eyebrows . . . specified elsewhere

Chapter 69 6910 Sinks, wash basins, wash basin pedestals, bath-stubs . . .

6911 Tableware, kitchenware, household utensils and sanitary ware
of porcelain or china . . .

6912 00 00 Tableware, kitchenware, household utensils and sanitary ware
of ceramic, other than those of porcelain or china . . .

6913 Statuettes and other ornamental ceramic articles

6914 Other ceramic articles

Chapter 70 7013 Tableware, kitchenware. . . of glass

Chapter 71 7117 Imitation jewelry

Chapter 73 7321 Stoves, ranges, grates, cookers . . .

7323 Tableware, kitchenware and other household utensils . . .

7324 Sanitary ware and parts thereof, of iron or steel

Chapter 74 7417 00 00 Cooking or heating apparatus . . . of copper

7418 Tableware, kitchenware . . . of copper; sanitary ware

Chapter 76 7615 Tableware, kitchenware . . . of aluminum; sanitary ware

Chapter 82 8210 00 00 Hand-operated mechanical appliances . . . used in preparation
of foods or drinks

8212 Razors and razor blades . . .

8214 20 00 - Manicure or pedicure sets . . .

8215 Spoons, folks, ladles, . . .

Chapter 83 8306 Bells, gongs . . . frames of pictures, photos . . . mirrors

Chapter 84 8414 51 00 - - Desk, floor, . . . ventilating fans . . .
(excluding industrial fans)

8414 59 00 - - Other (excluding industrial fans)

8414 90 - Parts

8414 90 90 — Other (including only parts of those under the above HS
codes)

8415 Air conditioners . . .

8415 10 00 - Window or wall types, self-contained

8415 20 00 - For human use, installed in automobiles of all kinds

8415 81 10 - - - Of a capacity of 90,000 BTU/h or less

8415 82 10 - - - Of a capacity of 90,000 BTU/h or less

8415 83 10 - - - Of a capacity of 90,000 BTU/h or less

8415 90 - Parts:

8415 90 19 - - Other (including only parts of those under the above HS
codes)

8418 Refrigerators . . .

- Refrigerators, of domestic type

8418 21 00 - - Of compression type

8418 22 00 - - Of suction type, electrically-operated

8418 29 00 - - Other

8418 30 - Freezers, of chest type and a capacity not exceeding 800 liters 8418 30 10 - - Of a capacity of up to 200 liters

8418 40 10 - - Of a capacity of up to 200 liters

- Spare parts

8418 99 00 - - Other (including only spare parts of those under the above
HS codes)

8421 12 - - Clothes dryers

8421 12 10 - - - Electrically-operated

8421 12 20 - - - Non-electrically-operated

- Spare parts

8421 91 - - Of centrifuges, including centrifugal dryers (including only
spare parts of those under the above HS codes)

8422 Dish washing machines . . .

8422 11 00 - - For household use . . .

8422 90 - Spare parts

8422 90 10 - - Of dish washing machines for household use

8450 Household washing machines . . .

- Of a dry linen capacity not exceeding 10kg:

8450 11 00 - - Fully-automatic machines

8450 12 00 - - Other washing machines, with built-in centrifugal drier

8450 19 00 - - Other

8450 90 00 - Other parts (including only parts of those under the above HS
codes)

Chapter 85 8509 Domestic electro-mechanical appliances, with self-contained
electric motor

8510 Shavers, hair clippers and hair-cutting tools, with self-
contained electric motor

8516 Electric instantaneous water heaters . . . (excluding 8516.80
and 8516.90.00)

8518 Microphones and stands therefor; loudspeakers, whether or not
mounted in their housing . . .

- Speakers, whether or not mounted in their housing

8518 21 00 - - Single loudspeakers, already mounted in their housing

8518 22 00 - - Multiple loudspeakers, allude mounted in the same housing 8518 30 - Headphones, earphones and combined microphone/speaker
sets

8518 30 10 - - Headphones, earphones

8518 40 00 - Audio-frequency electric amplifiers

8518 50 00 - Electric sound amplifier sets

8518 90 00 - Spare parts (including spare parts of those under the above HS
codes)

8519 Turntables, . . . cassette players and other sound reproducing

apparatus . . .

8520 Magnetic tape recorders and other sound recording apparatus . . . 8520 32 00 - - Of digital audio type

8520 39 00 - - Other type, of cassette type

8520 90 00 - Other

8521 Video recorders and players

8522 Spare parts and accessories . . . for equipment of headings from
8519 to 8521 (including only spare parts and accessories of
those under the above HS codes)

8527 Receivers for telephones, televisions . . .

8528 Television receivers . . .

8528 12 00 - - Color

8528 13 00 - - Black and white . . .

8528 30 90 - - Other

8529 Parts used solely or principally for machines of headings No.
from 8525 to 8528 (including only parts of those under HS
codes of headings No. 8527 and 8528 above)

8539 Electric filament or discharge lamps

8539 22 90 - - - Other

8539 29 20 - - - Other, of a capacity of over 200 W . . .

8539 31 10 - - - For decoration . . .

8539 31 90 - - - Other

Chapter 87 8711 Motorcycles (including mopeds) and cycles fitted with an
auxiliary motor

8712 Bicycles . . . (excluding racing bicycles)

8714 Spare parts and accessories of vehicles of headings No. from
8711 to 8713 (excluding spare parts and accessories
of heading No. 8713)

Chapter 90 9004 10 00 Sunglasses

Chapter 91 9101 Wrist watches, pocket watches . . .

9102 Other . . . wrist watches, pocket watches . . .

9103 Clocks with watch movements . . .

9105 Other types of clocks (excluding maritime and similar
chronometers)

Chapter 94 9401 Seats . . .

9401 30 00 - Swivel seats with variable height adjustment

9401 40 00 - Seats . . . convertible into beds

9401 50 00 - Seats of cane, osier, bamboo or similar materials

- Other seats, with metal frames

9401 61 00 - - Upholstered

9401 69 00 - - Other

- Other seats, with metal frames

9401 71 00 - - Upholstered

9401 79 00 - - Other

9401 80 00 - Other seats:

9403 Other furniture (beds, chests, tables, chairs. . .)
and parts thereof

9403 10 00 - Metal furniture, of kinds used in offices

9403 20 00 - Other metal furniture

9403 30 00 - Wooden furniture, of kind used in offices

9403 40 00 - Wooden furniture, of kind used in kitchens

9403 50 00 - Wooden furniture, of kind used bedrooms

9403 60 00 - Other wooden furniture

9403 70 00 - Plastic furniture

9403 80 00 - Furniture of other materials . . .

9404 Mattress supports; articles of bedding sets . . .

9405 Lamps and lighting fittings, including searchlights and
spotlights . . .

9405 10 - Chandeliers and other electric ceiling or wall lighting fittings . . . 9405 10 20 - - Fluorescent light fittings

9405 10 90 - - Other

9405 20 - Electric desk, bedside or floor-standing lamps

9405 20 90 - - Other

9405 30 00 - Lighting sets of a kind used for Christmas trees

9405 50 - Non-electric lamps and lighting fittings

9405 50 20 - - Hurricane lamps

9405 50 30 - - Other oil burning lamps

9405 50 90 - - Other

Chapter 95 9504 Articles for decoration

9505 Festive, carnival or other entertainment articles

Chapter 96 9603 21 00 - - Tooth brushes

9603 29 00 - - Other

9603 90 00 - - Other

9605 00 00 Travel sets for personal hygiene, sewing kits . . .

9613 Cigarette lighters and other lighters . . .

9614 Smoking pipes and cigar or cigarette holders

9615 Combs, hair-slides and the like . . .

9617 00 10 - Vacuum flasks and other vacuum vessels with their cases

IMPORT GOODS REQUIRING THE MINISTRY OF TRADE’S PERMITS

1. Ceramic and granite walling and flooring tiles, of a size of 400 mm x 400 mm or smaller and those with one of the two dimensions of 400 mm or less.

2. Portland cement under the following standards:

+ White Portland cement (TCVN 5691 : 1992);

+ Portland cement (TCVN 2682 : 1999);

+ Assorted Portland cement (TCVN 6260 : 1997);

+ Portland pozzolana cement (TCVN 4033 : 1995);

+ Sulfate-resisting Portland cement (TCVN 6067: 1995)

+ Low-heat Portland cement (TCVN 6069 : 1995);

+ Blast-furnace slag Portland cement (TCVN
4314 -86);

+ Portland cement for manufacture of asbestos-cement corrugated sheets (TCXD 167 - 89).

Besides white Portland cement in white color, there are other kinds of cement with technical specifications as mentioned above and in gray, grayish blue, grayish black, grayish brown...

Clinker.

3. Colored glass, white glass, in flat sheets 1.5-12 mm thick (excluding patterned glass, multiplex glass, safety glass and reinforced glass).

4. Paper of various kinds:

- Newsprint paper of heading No. 4801 in the Export and Import Tariff.

- Uncoated paper for printing and writing of heading No.4802 in the Export and Import Tariff.

5. A number of categories of construction steel:

5.1. Construction smooth steel rods, 6-40 mm in diameter.

5.2. Construction barbed steel rods (nodded, stripped, ribbed or twisted), 10-40 mm in diameter.

5.3. Regular angle- (V) and irregular angle-shaped (L) steel, 20-125 mm in diameter.

5.4. Steel in C (U), I, H shapes, 160 mm or less in diameter.

5.5. Welding steel pipes and tubes of various kinds: black or zinc-plated, from 14-115 mm in diameter.

5.6. Flat zinc-plated steel sheets, from 0.25-0.55 mm thick and up to 3,500 mm long; corrugated zinc-plated steel sheets; and corrugated steel sheets plated with non-ferrous metals.

5.7. Common steel wire: black and mild, black and hard, zinc-plated wire, barbed wire and B-40 steel grids.

6. Refined vegetable oils in liquid form, including: peanut oil, sesame oil, soybean oil and palm oil.

7. Refined sugar and crude sugar.

8. Motorbicycles and motortricycles in complete units and their SKD and CKD assembly parts in complete sets; engines and frames of motorbicycles and motortricycles of all kinds in incomplete sets.

9. Cars of 16 seats or less.

Notes: Enterprises shall be allowed to sign contracts for import of goods items specified in this list only when they obtain the Ministry of Trade’s permits. -