THE MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
No: 34/2013/TT-BCT | Hanoi , December 24, 2013 |
CIRCULAR
PUBLICIZING ROADMAPS FOR GOODS TRADING AND GOODS TRADING DIRECTLY RELATED ACTIVITIES OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM
Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the National Assembly’s Resolution No. 71/2006/QH11 dated November 29, 2006, ratifying the Protocol on Accession to the World Trade Organization (WTO) by the Socialist Republic of Vietnam;
Pursuant to the Government’s Decree No. 23/2007/ND-CP dated February 12, 2007, detailing the commercial law regarding goods purchase and sale activities or goods purchase and sale related activities of foreign-invested enterprises in Vietnam;
Pursuant to the Government’s Decree No. 108/2006/ND-CP dated September 22, 2006, detailing and guiding implementation of a number of Articles of Law on investment;
At the proposal of the Director of Planning Department;
The Minister of Industry and Trade promulgates the Circular publicizing roadmaps for goods trading and directly related activities of foreign-invested enterprises inVietnam,
Article 1. Scope of regulation
This Circular publicizes roadmaps and regulations to perform commitments of Vietnam in the World Trade Organization (WTO) on goods trading and goods trading directly related activities of foreign-invested enterprises in Vietnam.
Article 2. Exercise of the rights to import, export and distribute of the foreign-invested enterprises in Vietnam
1. The foreign invested enterprises in Vietnam are entitled to exercise right to export for goods not in list of goods specified in Annex No. 01 of this Circular.
2. The foreign invested enterprises in Vietnam are entitled to exercise right to import for goods not in list of goods specified in Annex No. 02 of this Circular.
3. The foreign invested enterprises in Vietnam are entitled to exercise right to distribute for goods not in list of goods specified in Annex No. 03 of this Circular.
4. The exercise of the rights to import, export and distribute of the foreign-invested enterprises in Vietnam must comply with provisions in this Circular and other relevant current legislations.
Article 3. Principles in using list of goods
1. The classification of goods stated at Annex No. 01, Annex No.02 of this Circular shall comply with list of export and import goods of Vietnam promulgated together with the Circular No. 156/2011/TT-BTC dated November 14, 2011 of the Ministry of Finance.
2. In case where the Circular No. 156/2011/TT-BTC dated November 14, 2011 of the Ministry of Finance is amended, supplemented or replaced, the respective amending, supplementing or replacing regulations shall be applied.
Article 4. Effect
1. This Circular takes effect on February 05, 2014. This Circular applies to all cases which have not yet been licensed or not yet been amended, supplemented, re-granted before the effective date of this Circular.
2. This Circular replaces Decision No. 10/2007/QD-BTM dated May 21, 2007 of the Ministry of Trade, publicizing roadmaps for goods trading and goods trading directly related activities.
| FOR THE MINISTER OF INDUSTRY AND TRADE |
ANNEX NO. 01
LIST OF GOODS WHICH THE RIGHT TO EXPORT IS NOT GRANTED
(Promulgated together with the Circular No. 34/2013/TT-BCT dated December 24, 2013 of the Ministry of Industry and Trade)
HS code | Description of goods |
| Petroleum oil and oils obtained from bituminous minerals, crude |
2709.00. 10 | - Crude petroleum |
2709.00. 20 | - Condensate |
2709.00. 90 | - Other |
ANNEX NO. 02
LIST OF GOODS WHICH THE RIGHT TO IMPORT IS NOT GRANTED
(Promulgated together with the Circular No. 34/2013/TT-BCT dated December 24, 2013 of the Ministry of Industry and Trade)
HS code | Description of goods | |
|
| |
| Cigars, cheroots, cigarillos and cigarettes, of tobacco or tobacco substitutes |
|
2402.10.00 | - Cigars, cheroots and cigarillos of tobacco |
|
2402.20 | - Cigarettes containing tobacco: |
|
2402.20.10 | - - Beedies |
|
2402.20.20 | - - Clove cigarettes |
|
2402.20.90 | - - Other |
|
2402.90 | 2402.90 | |
2402.90.10 | - - Cigars, cheroots and cigarillos of tobacco substitutes |
|
2402.90.20 | - - Cigarettes of tobacco substitutes |
|
| Other manufactured tobacco and manufactured tobacco substitutes; “homogenized” or “reconstituted” tobacco; tobacco extracts and essences. |
|
2403 | - Smoking tobacco, whether or not containing tobacco substitutes in any proportion |
|
2403.11.00 | - - Water pipe tobacco specified un Subheading Note 1 to this Chapter |
|
2403.19 | - - Other: |
|
| - - - Packed for retail: |
|
2403.19.11 | - - - - Ang Hoon |
|
2403.19.19 | - - - - Other |
|
2403.19.20 | - - - Other processed tobacco for manufacture of cigarettes |
|
2403.19.90 | - - - Other |
|
| Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils. |
|
2710.12 | - - Light oils and preparations: |
|
| - - - Motor spirit: |
|
2710.12.11 | - - - - Of RON 97 and above, leaded |
|
2710.12.12 | - - - - Of RON 97 and above, unleaded |
|
2710.12.13 | - - - - Of RON 90, above, but below RON 97 leaded |
|
2710.12.14 | - - - - Of RON 90, above, but below RON 97 unleaded |
|
2710.12.15 | - - - - Other, leaded |
|
2710.12.16 | - - - - Other, unleaded |
|
2710.12.20 | - - - Aviation spirit, not of a kind used as jet fuel |
|
2710.12.30 | - - - Tetrapropylen |
|
2710.12.40 | - - - White spirit |
|
2710.12.50 | - - - Low aromatic solvents containing by weight less than 1% aromatic content |
|
2710.12.60 | - - - Other solvent spirits |
|
2710.12.70 | - - - Naphtha, reformate or preparations for preparing motor spirits |
|
2710.12.80 | - - - Other Alpha olefin |
|
2710.12.90 | - - - Other |
|
2710.19 | - - Other: |
|
2710.19.20 | - - - Topped crudes |
|
2710.19.30 | - - - Carbon black feedstock |
|
| - - -Lubricating oils and greases: |
|
2710.19.41 | - - - - Refined mineral oil for manufacture of lubricating oil |
|
2710.19.42 | - - - - Lubricating oil for aviation turbine |
|
2710.19.43 | - - - - Other lubricating oils |
|
2710.19.44 | - - - - Lubricating greases |
|
2710.19.50 | - - - Hydraulic Brake fluid |
|
2710.19.60 | - - - Transformer and circuit breaker oils |
|
| - - - Diesel fuel; fuel oils: |
|
2710.19.71 | - - - - Automotive diesel fuel |
|
2710.19.72 | - - - - Other diesel fuel |
|
2710.19.79 | - - - - Fuel oil |
|
2710.19.81 | - - - Aviation turbine fuel (jet fuel) having a flash point of 230C or more |
|
2710.19.82 | - - - Aviation turbine fuel (jet fuel) having a flash point of less than 230C |
|
| Newspapers, journals and periodicals, whether or not illustrated or containing advertising material. |
|
4902.10.00 | - Appearing at least four times a week |
|
4902.90 | - Other: |
|
4902.90.10 | - - Educational, technical, scientific, historical or cultural journals and periodicals |
|
4902.90.90 | - - Other |
|
| Discs, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records |
|
8523.21.90 | - - - Other |
|
8523.29.21 | - - - - - Video tapes |
|
8523.29.29 | - - - - - Other |
|
8523.29.41 | - - - - - Computer tapes |
|
8523.29.42 | - - - - - Of a kind used for cinematography |
|
8523.29.43 | - - - - - Other video tapes |
|
8523.29.49 | - - - - - Other |
|
8523.29.61 | - - - - - Of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user by means of an automatic data processing machine; proprietary format storage (recorded) media |
|
8523.29.62 | - - - - - Of a kind used for cinematography |
|
8523.29.63 | - - - - - Other video tapes |
|
8523.29.69 | - - - - - Other |
|
8523.29.81 | - - - - - Of a kind suitable for computer |
|
8523.29.82 | - - - - - Other |
|
8523.29.83 | - - - - Other, of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user by means of an automatic data processing machine; proprietary format storage (recorded) media |
|
8523.29.84 | - - - - - Other, of a kind used for cinematography |
|
8523.29.89 | - - - - - Other |
|
8523.29.93 | - - - - - - Of a kind suitable for computer use |
|
| Other aircraft (for example, helicopters, aeroplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles. |
|
| - Helicopters: |
|
8802.11.00 | - - Of an unlade weight not exceeding 2,000 kg |
|
8802.12.00 | - - Of an unlade weight exceeding 2,000 kg |
|
8802.20 | - Aeroplanes and other aircrafts, of an unlade weight not exceeding 2,000 kg: |
|
8802.20.10 | - - Aeroplanes |
|
8802.20.90 | - - Other |
|
8802.30 | - Aeroplanes and other aircrafts, of an unlade weight exceeding 2,000 kg but not exceeding 15,000 kg:: |
|
8802.30.10 | - - Aeroplanes |
|
| Parts of goods items of heading 88.01 or 88.02 |
|
8803.10.00 | - Propellers and rotors and parts thereof |
|
8803.20.00 | - Under-carriages and parts thereof |
|
8803.30.00 | - Other parts of aeroplanes or helicopters |
|
8803.90 | - Other: |
|
8803.90.10 | - - Of telecommunications satellites |
|
8803.90.20 | - - Of balloons, gliders or kites |
|
8803.90.90 | - - Other |
|
ANNEX NO. 03
LIST OF GOODS WHICH THE RIGHT TO DISTRIBITE IS NOT GRANTED
(Promulgated together with the Circular No. 34/2013/TT-BCT dated December 24, 2013 of the Ministry of Industry and Trade)
No. | Description of goods |
1 | Rice |
2 | Cane or beet sugar |
3 | Cigarettes and cigars include: |
3.1 | Cigars, cheroots, cigarillos and cigarettes, of tobacco or tobacco substitutes |
3.2 | Other manufactured tobacco and manufactured tobacco substitutes; “homogenized” or “reconstituted” tobacco; tobacco extracts and essences |
4 | Crude and processed oils include: |
4.1 | Petroleum oil and oils obtained from bituminous minerals, crude |
4.2 | Petroleum oil and oils obtained from bituminous minerals |
5 | Pharmaceutical products Including drug commodities as prescribed at Clause 2 Article 2, the Pharmacy Law No. 34/2005/QH11. |
6 | Explosives include: |
6.1 | Propellant powders |
6.2 | Prepared explosives, other than propellant powders |
6.3 | Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators |
7 | Books, newspapers and journals |
7.1 | Printed books, brochures, leaflets and similar printed matters, whether or not in single sheets |
7.2 | Specialized newspapers, journals and periodicals, whether or not illustrated or containing advertising material |
7.3 | Children’s picture, drawing or coloring books |
8 | Precious metals and stones |
8.1 | Diamonds, whether or not worked, but not mounted or set |
8.2 | Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; precious stones (other than diamonds)… |
8.3 | Synthetic or reconstructed previous or semi-precious stones, whether or not worked or graded but not strung, mounted or set … |
8.4 | Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured form, or in powder form |
8.5 | Gold (including gold plated with platinum), unwrought or in semi-manufactured form, or in powder form |
8.6 | Platinum, unwrought or in semi-manufactured form, or in powder form |
8.7 | Including only silver or gold, clad with platinum, not further worked than semi-manufactured form |
8.8 | Coin |
9 | Recorded articles of any material - List of software and hardware products, electronics as prescribed by the Ministry of Information and Communications except for cases allowed by law - Products of security, culture, society, politics… as prescribed by The Ministry of Culture, Sports and Tourism except for cases allowed by law |
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