| THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 32/2006/TT-BNN | Hanoi, May 08, 2006 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 12/2006/ND-CP OF JANUARY 23, 2006, 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. 86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, 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;
The Ministry of Agriculture and Rural Development (MARD) hereby guides the import and export of goods subject to the specialized management by the agriculture service as follows:
Chapter I
GENERAL PROVISIONS
1. This Circular applies to the import and export of goods subject to the specialized management by the agriculture service, including:
a/ Export of timber and timber products from domestic natural forests; firewood and charcoal from timber or firewood originating from domestic natural forests;
b/ Import and export of endangered, precious and rare wild animals and plants;
c/ Import and export of plant varieties;
d/ Import and export of livestock breeds;
e/ Import of veterinary drugs and materials for the production thereof, vaccines, bio-preparations, microorganisms and chemicals for veterinary use;
f/ Import of plant protection drugs, materials for the production thereof, and living organisms in the plant protection domain;
g/ Import of feeds and materials for the production thereof;
h/ Import of fertilizers and fertilizer preparations;
i/ Import and export of gene sources of cultivation plants, domestic animals and microorganisms for scientific and technical research and exchange.
2. For imported goods subject to animal and animal product quarantine, the provisions of Decision No. 45/2005/QD-BNN of July 25, 2005, promulgating the list of animal and animal product-quarantine objects and list of animals and animal products subject to quarantine and Decision No. 15/2006/QD-BNN of March 8, 2006, on the order and procedures for the quarantine of animals and animal products and veterinary hygiene inspection shall apply before customs clearance.
3. For imported goods on the list of plant quarantine objects, the provisions of Decision No. 72/2005/QD-BNN of November 14, 2005, promulgating Vietnam's list of objects subject to plant quarantine, Decision No. 73/2005/QD-BNN of November 14, 2005, promulgating Vietnams list of plant quarantine objects, and Decision No. 16/2004/QD/BNN of April 20, 2006, on the procedures for inspection of plant quarantine objects and compilation of plant quarantine dossiers shall apply before customs clearance.
4. Where there exists no animal or plant quarantine agency at the border-gate, goods shall be cleared from customs procedures under the registration and post-inspection mechanism, specifically as follows:
Quarantine agencies may conduct quarantine simultaneously with customs inspection of goods or after the completion of customs procedures at a time and place determined in quarantine registration papers.
5. The inspection of the quality of plant protection drugs and materials for the production thereof shall be carried out in the form of registration and post-customs clearance inspection.
6. Lists of goods subject to the specialized management by the agriculture service in decisions mentioned in this Circular shall be applied until the application of HS codes is completed.
7. When promulgating new lists or amending or supplementing lists of goods subject to the specialized management by the agriculture services stated in this Circular, departments assigned by the MARD to perform the specialized management shall have to notify customs offices and relevant agencies thereof.
8. Traders shall bear responsibility before law for the accuracy of their declarations upon importation or exportation and comply with the State's current regulations on goods quality standards.
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