THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 04/2014/TT-BCT of the Ministry of Industry and Trade detailing the implementation of the Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries
Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 187/2013/ND-CP dated November 20, 2013, which elaborates the regulations on international trade of Law on Commerce;
Pursuant to the Prime Minister’s Decision No.41/2005/QD-TTg dated March 02, 2005 on promulgation of the Regulation on Licensing goods import;
At the request of the Director of Export and Import Administration;
The Minister of Industry and Trade promulgates a Circular to elaborate the implementation of the Government's Decree No. 187/2013/ND-CP dated November 20, 2013, which elaborates the regulations on international trade of Law on Commerce.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular elaborates the implementation of some Articles of the Government's Decree No. 187/2013/ND-CP on export, import, processing, and transport of goods.
2. This Circular is applied to Vietnamese traders and other entities that engage in the activities regulated by the Law on Commerce.
Article 2. Rights in export and import activities
1. Traders without foreign investment (hereinafter referred to as traders), including:
a) Any company established under the Law on Enterprises, the Law on Cooperatives, or the Law on Investment;
b) Any business household established and registered under the Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on business registration, which is allowed to export, import, process, or trade in goods under the law and the Government's Decree No. 187/2013/ND-CP, regardless of the business lines in the Certificate of Business registration.
2. Any foreign-invested trader in Vietnam that imports, exports, or process goods under the Government's Decree No. 108/2006/ND-CP dated September 22, 2006 of the government providing guidance on implementation of the Law on Investment, the Government's Decree No. 23/2007/ND-CP dated February 12, 2007 providing guidance on the regulations of the Law on Commerce on goods trade and relevant activities of foreign-invested companies in Vietnam, the guiding documents of such Decrees, the roadmap announced by the Ministry of Industry and Trade, and relevant laws.
Chapter II
EXPORT AND IMPORT MANAGEMENT OF GOODS
Article 3. Goods prohibited from export and import
1. The goods prohibited from export and import are announced by Ministries and ministerial agencies in the List of goods prohibited from export and import in Annex I to the Decree No. 187/2013/ND-CP and relevant legislative documents.
2. The Ministry of Industry and Trade issues a List of used goods prohibited from import in Annex I to this Circular.
3. When importing goods in the List of goods prohibited from import to serve scientific research or as humanitarian aid according to Clause 3 Article 5 of the Decree 187/2013/ND-CP, the following procedure must be followed:
a) If goods are imported to serve scientific research: The scientific research organization, or the trader that needs to import goods to research into product development (hereinafter referred to as applicant) shall send an application by post to the Ministry of Industry and Trade (Export and Import Administration) at 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi. The application consists of:
- 01 copy of the decision on Establishment, certificate of investment, or Certificate of Business registration that bears the certification and seal of the applicant.
- An original of the written request for permission for import, specifying the name, HS code, quantity, and purpose of each article; certification of the accuracy of such information.
- 01 original of the report on the adherence to the license issued previously (except for the first import).
Within 7 working days from the day on which the satisfactory application is received, the Ministry of Industry and Trade shall issue a License for import to the applicant. If the application is rejected, the Ministry of Industry and Trade shall make a written response and provide explanation.
b) If goods are imported as humanitarian aid: The Ministry of Industry and Trade shall consider the written request made by a competent authority, specifying the name, HS code, quantity, and purpose of each article, and the certification of the accuracy of such information.
Within 7 working days from the day on which the satisfactory application is received, the Ministry of Industry and Trade shall make a written response. If the application is rejected, the Ministry of Industry and Trade shall also make a written response and provide explanation.
