Laws of Vietnam

In furtherance of the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001 on the management of goods export and import in the 2001-2005 period, the General Department of Post and Telecommunications hereby guides Article 3 on exports and imports under the specialized management by the General Department of Post and Telecommunications as follows:

I. GENERAL PROVISIONS

1.1. This Circular guides the export and import of goods under the specialized management by the General Department of Post and Telecommunications. The General Department of Post and Telecommunications shall manage the goods export and import in two forms: granting export or import permits and granting standard compatibility certificates as prescribed in Section IV, Appendix No. 03 to the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001.

1.2. The goods under the specialized management by the General Department of Post and Telecommunications include:

a/ Postage stamps, stamp publications, postage stamp articles (hereinafter called postage stamp articles);

b/ Telecommunications supplies and equipment (hereinafter called telecommunications goods).

1.3. The General Department of Post and Telecommunications encourages organizations and individuals to export home-made or home-assembled goods.

II. REGULATIONS ON THE EXPORT AND IMPORT OF GOODS REQUIRING PERMITS

2.1. Postage stamp articles:

2.1.1. Postage stamp articles requiring export or import permits include:

a/ Postage stamps:

- Stamps;

- Stamp blocks.

b/ Postage stamp publications:

- Commemorative leaflets;

- Aerograms;

- Stamped envelops;

- First-day covers (FDC);

- Stamped postcards;

- Maximum cards.

c/ Postage stamp articles:

- Materials illustrated with postage stamps;

- Articles involving the use of postage stamps.

2.1.2. To be exported or imported, the postage stamp articles must be other than the following postage stamp articles:

a/ Which are not permitted for circulation, are suspended from issuance or are withdrawn from circulation by decisions of the General Department of Post and Telecommunications;

b/ Which contain contents unhealthy, inciting or sowing hatred among nations, contrary to Vietnam’s fine customs and practices and laws;

c/ Which are opposed by the Universal Postal Union (UPU), the International Philately Federation (FIP) and the Asian Philately Federation (FIAP), and banned from participation in international stamp exhibitions.

2.1.3. A dossier of application for a permit to export or import postage stamp articles consists of:

a/ An application for export or import permit (according to set form);

b/ The valid copies of:

- The certificate of registration of the export and import enterprise code (for export and import enterprises) or the establishment decision or operation license (for agencies and organizations) or the personal identity card or passport (for individuals);

- The invitation to the exhibition or conference (for participation in exhibitions or conferences);

- The commercial contract or the customs declaration or the invoice related to the goods lot.

2.1.4. Export or import permits are not required in the following cases:

a/ Postage stamp articles for professional exchange between Vietnam and member states of the Universal Postal Union (UPU) through the UPU’s international office, which is effected with a quantity of 650 pieces for each category by the Vietnam Post and Telecommunications Corporation under the authorization of the General Department of Post and Telecommunications;

b/ Postage stamp articles mentioned at Point 2.1.1, which are exported or imported with the aggregate quantity of less than 500 pieces for all categories.

For these cases, permits of the General Department of Post and Telecommunications shall not be required, and procedures can be completed directly at the border-gate customs offices.

2.2. Telecommunications goods:

2.2.1. The list of telecommunications goods requiring permits when imported as prescribed at Points 2 and 3, Section IV, Appendix 03 to Decision No. 46/2001/QD-TTg includes:

a/ Radio transmitters and receivers-transmitters with a frequency band ranging between 9 KHz and 400 GHz and a capacity of 60 mW or more for use in telecommunications and other operations.

b/ Radar equipment, radio-operated aid devices and radio-operated remote control devices.

2.2.2. The list of telecommunications goods mentioned at 2.2.1 is itemized as follows:

2.2.3. Import telecommunications goods must:

a/ Be compatible with Vietnam’s telecommunications technology and network as well as technical standards promulgated or permitted by the State or the General Department of Post and Telecommunications for application;

b/ For radio equipment, besides the requirements stated at Point a, they must also be in line with the frequency spectrum planning prescribed in the Prime Minister’s Decision No. 85/1998/QD-TTg of April 16, 1998 approving the allocation of Vietnam’s radio frequency spectrum to operations with a view to economically and efficiently using the radio frequency spectrum resource;

c/ Be compatible with the management standards regarding radio wave radiation and cause no interferences among communication systems.

2.2.4. When imported, radio transmitters and receivers-transmitters used in telecommunications operations must not only satisfy the conditions specified at Point 2.2.3 but also ensure their use purposes compliant with the telecommunications management regulations.

2.2.5. A dossier of application for a permit to import telecommunications goods consists of:

a/ An application for import permit (according to set form);

b/ The valid copies of:

- The certificate of registration of export-import enterprise code (for export-import enterprises) or the establishment decision or operation license (for agencies and organizations) or the personal identity card or passport (for individuals);

- The certificate of standard compatibility of telecommunications supplies and equipment (except for those temporarily imported for re-export for use by foreign organizations and individuals entitled to diplomatic privileges and immunities and by foreign delegations to Vietnam at the official invitations of the Vietnamese Government; and those temporarily imported for re-export by agencies and organizations for display or exhibition);

- The commercial contract or customs declaration or invoice related to the goods lot.

2.3. Addresses for receipt of dossiers and settlement of permit-granting:

2.3.1. The General Department of Post and Telecommunications shall authorize the regional Departments of Post and Telecommunications and its Office (hereinafter called the regional Departments of Post and Telecommunications) to receive dossiers and grant export or import permits to the goods specified at Points 2.1.1 and 2.2.2. The addresses for receipt of dossiers and settlement of permit-granting are below:

a/ The Office of the General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi;

b/ The Region II Department of Post and Telecommunications, 27 Nguyen Binh Khiem, District 1, Ho Chi Minh City;

c/ The Region III Department of Post and Telecommunications, 42 Tran Quoc Toan, Da Nang city.

2.3.2. The General Department of Post and Telecommunications shall grant permits for import and temporary import for re-export at the requests of the diplomatic organizations and missions entitled to diplomatic privileges and immunities, international delegations to Vietnam at the official invitations of the Vietnamese Government. The address for receipt of dossiers and settlement of permit-granting is: The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi.

2.3.3. Export and import permits granted by the regional Departments of Post and Telecommunications shall be valid nationwide.

2.3.4. Permits for import of telecommunication goods shall not be used as substitutes for permits for establishment of telecommunications networks or permits for use of radio transmitters and radio frequencies.

2.4. The time limit for settlement: Within five working days after receiving complete and valid dossiers, the regional Departments of Post and Telecommunications shall grant permits. In special cases or in cases of refusal to grant permits, the Departments of Post and Telecommunications shall have to issue written replies to the clients, stating the reasons therefor.

2.5. Permit-granting fee: According to the regulations of the Ministry of Finance.

III. REGULATIONS ON THE IMPORT OF TELECOMMUNICATIONS GOODS REQUIRING STANDARD COMPATIBILITY CERTIFICATES

3.1. The list of telecommunications goods prescribed at from Point 4 to Point 15, Section IV, Appendix 03 to Decision No. 46/2001/QD-TTg is itemized as follows:

3.2. To be imported, the telecommunications goods specified at Point 3.1 must be compatible with Vietnam’s telecommunications network technology and the technical standards promulgated or permitted by the State or General Department of Post and Telecommunications for application. For their import, only standard compatibility certificates are required without having to apply for import permits. The order, procedures and conditions for standard compatibility certification is prescribed in Decision No. 285/2000/QD-TCBD of March 29, 2000 of the General Director of Post and Telecommunications issuing the regulations on the certification of standard compatibility of postal and telecommunications supplies and equipment.

3.3. Standard compatibility certificates shall be valid for at least two years. While the standard compatibility certificates remain valid, the goods shall be imported according to the provisions of the standard compatibility certificates without any restrictions on the quantity or value of the goods lots.

3.4. Where telecommunications goods are imported as hand-carried belongings or accompanied luggage with one piece for each category: fixed telephone, telex machine, facsimile, land hand mobile phone and low-speed video telephone, no standard compatibility certificate shall be required and the procedures for the import thereof can be completed directly at the border-gate customs offices.

IV. IMPLEMENTATION PROVISIONS

4.1 This Circular takes effect as from May 1, 2001 and replaces Circular No. 02/2000/TT-TCBD of March 20, 2000 of the General Department of Post and Telecommunications guiding the Prime Minister’s Decision No. 242/1999/QD-TTg of December 30, 1999 on the export and import management in 2000. All previous provisions contrary to this Circular are hereby annulled.

4.2 In the course of implementation, any problems should be reported promptly to the General Department of Post and Telecommunications for settlement.-

For the General Director of Post and Telecommunications
Deputy General Director
TRAN DUC LAI