- 1Decree of Government No.29/2004/ND-CP of January 16th, 2004 on determining functions, tasks, powers and organizing structure of The Ministry Of Trade
- 2Decree of Government No. 57/1998/ND-CP, promulgated by the Government, detailing the implementation of the commercial law regarding the goods import, export, processing, and sale and purchase agency activities with foreign countries
THE MINISTRY OF TRADE | SOCIALIST REPUBLIC OF VIET NAM |
No.2504/2005/QD-BTM | Hanoi, October 10, 2005 |
DECISION
PROMULGATING THE REGULATION ON MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT
THE MINISTER OF TRADE
Pursuant to the Government’s Decision No. 29/2004/ND-CP dated January 16, 2004 on the functions, tasks, power and organizational structure of the Ministry of Trade;
Pursuant to the Government’s Decree No. 57/1998/ND-CP dated July 31, 1998 on detailing the implementation of the Commercial Law regarding import, export, processing and sale and purchase agency activities with foreign countries;
Pursuant to the directions of the Prime Minister stated in Official Dispatch No. 935/TTg-KTTH dated July 7, 2005 on trading in temporary import for re-export, border - gate transshipment and sending goods to bounded warehouses;
At the proposal of the Director of the Import and Export Department,
DECIDES:
Article 1. To issue together with this Decision the Regulation on management of temporary import for re-export, border gate transshipment for goods banned from import and goods temporarily ceased from import.
Article 2. To annul Circular No. 16/2000/TT-BTM dated August 21, 2000 of the Ministry of Trade guiding the temporary import for re-export and border - gate transshipment for automobiles and cigarettes into the Chinese market.
Article 3. This Decision takes effect 15 days after its publication in CONG BAO.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Phan The Rue
REGULATION
ON MANAGEMENT OF TEMPORARY IMPORT FOR RE-EXPORT, BORDER - GATE TRANSSHIPMENT FOR GOODS BANNED FROM IMPORT AND GOODS TEMPORARILY CEASED FROM IMPORT
(Issued together with Decision No. 2504/2005/QD-BTM dated October 10, 2005 of the Minister of Trade)
Article 1.
Scope of regulation
1. This Regulation governs the management of temporary import for re-export, border gate transshipment for goods banned from import and goods temporarily ceased from import and decentralization of this management between the Ministry of Trade and the People’s Committees of the provinces where the border gate Economic Zones are located as stipulated at Decision No. 53/2001/QD-TTg dated April 19, 2001 of the Prime Minister (hereinafter referred to as the People’s Committees of the provinces where the border - gate Economic Zones are located) .
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Article 2.
Goods temporarily imported for re-export and border gate transshipment
1. The temporary import for re-export and border gate transfer for goods on the List enclosed with this Regulation is banned.
2. For goods banned from import and goods temporarily ceased from import but are not in the List issued together with this Regulation, traders may only do business of temporary import for re-export and border gate transshipment after getting written permission by the People’s Committees of the provinces where border gate Economic Zones are located in accordance with the stipulations in this Regulation.
Article 3.
The agencies in charge of granting licenses for temporary import for re-export and border -gate transshipment for goods banned from import and goods temporarily ceased from import.
1. The Ministry of Trade shall grant licenses for temporary import for re-export and border -gate transshipment for goods banned from import and goods temporarily ceased from import through the international border gates and international seaports of Vietnam.
2. The People’s Committees of the provinces where the border - gate Economic Zones are located shall have to grant licenses for temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border gate Economic Zones.
3. The coordination in granting licenses for temporary import for re-export and border gate transshipment for goods banned from import and goods temporarily ceased from import between the Ministry of Trade and the People’s Committees of the provinces where the border gate Economic Zones are located shall be conducted as follows:
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b. The traders who have been granted by the Ministry of Trade the licenses for temporary import for re-export and border-gate transshipment, then need to re-export goods through border-gate Economic Zones shall produce such licenses granted by the Ministry of Trade for getting their permission for re-export via border - gate Economic Zones.
Article 4.
Requirements for the business activities of temporary import for re-export and border-gate transshipment for goods banned from export and goods temporarily ceased from import
4.1. For the granting of licenses by the Ministry of Trade:
Goods delivery and receipt means must be the international means of transport as stipulated in the Law on Marine and other current stipulations of the Ministry of Transport.
The payment must be carried out via the banks in accordance with the stipulations of the State Bank of Vietnam.
4.2. For the People’s Committees of the provinces where the border - gate Economic Zones are located:
The People’s Committees of the provinces where the border - gate Economic Zones are located shall issue the conditions for being granted licenses on temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border gate Economic Zones according to the current stipulations, international practices, conditions to combat against the trade fraudulences, smuggling in their provinces and other conditions for being granted licenses on temporary import for re-export, border - gate transshipment for goods banned from import and goods temporarily ceased from import at the border - gate Economic Zones.
Article 5.
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5.1. The People’s Committees of the provinces where the border - gate Economic Zones are located shall have to quarterly report in writing the licenses granting situation, the situation of combating against smuggling and trade fraudulences, that is related to the granting of business licenses to the Ministry of Trade to sum up and report to the Prime Minister.
5.2. Any violations of this Regulation shall be handled according to the provisions of law.
APPENDIX
THE LIST OF GOODS BANNED FROM TEMPORARY IMPORT FOR RE-EXPORT AND BORDER - GATE TRANSSHIPMENT
(Issue together with the Regulation on management of temporary import for re-export and border - gate transshipment for goods banned from import and goods temporarily ceased from import)
1. Weapons, ammunitions, explosive materials (excluding industrial explosive materials according to the separate stipulations), military technical equipment.
2. Antiquities
3. Drugs of all kinds (excluding the pre-drugs according to the specific stipulations).
4. Toxic chemicals of all kinds
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6. Special-use codes of all kinds and code software programs used to protect the State secrets.
7. Discarded materials and wastes (excluding the discarded materials and wastes that are allowed to import fore use as materials for the domestic production).
- 1Circular No. 05/2013/TT-BCT of February 18, 2013, prescribing on temporary import business activities for re-export of a number of commodity kinds
- 2Circular No. 16/2000/TT-BTM of August 21, 2000 guiding the business of temporary import for re-export and transiting of cars and cigarettes into the Chinese Market
- 1Circular No. 04/2006/TT-BTM of the Ministry of Trade, providing guidelines for implementation of Decree 12-2006/ND-CP of the Government dated 23 January 2006 providing detailed regulations for implementation of the Commercial Law with respect to international purchases and sales of goods, agency for sale and purchase, processing and transit of goods involving foreign parties
- 2Circular No. 04/2006/TT-BTM of the Ministry of Trade, providing guidelines for implementation of Decree 12-2006/ND-CP of the Government dated 23 January 2006 providing detailed regulations for implementation of the Commercial Law with respect to international purchases and sales of goods, agency for sale and purchase, processing and transit of goods involving foreign parties
- 1Circular No. 05/2013/TT-BCT of February 18, 2013, prescribing on temporary import business activities for re-export of a number of commodity kinds
- 2Decree of Government No. 57/1998/ND-CP, promulgated by the Government, detailing the implementation of the commercial law regarding the goods import, export, processing, and sale and purchase agency activities with foreign countries
Decision No. 2504/2005/QD-BTM of October 10, 2005 promulgating the regulation on management of temporary import for re-export, border - gate transshipment for goods banned from import and goods temporarily ceased from import
- Số hiệu: 2504/2005/QD-BTM
- Loại văn bản: Quyết định
- Ngày ban hành: 10/10/2005
- Nơi ban hành: Bộ Thương mại
- Người ký: Phan Thế Ruệ
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 05/11/2005
- Ngày hết hiệu lực: 01/05/2006
- Tình trạng hiệu lực: Hết hiệu lực