Thông tư 118-TCHQ/GSQL

CIRCULAR

GUIDING THE IMPLEMENTATION OF DECISION No.96-TM/XNK ON THE 14TH OF FEBRUARY 1995 ON THE LIST OF COMMODITIES BANNED FROM EXPORT AND IMPORT

In implementation of Article 5 of Decision No.752-TTg on the 10th of December 1994 and Document No.294-KTTH on the 19th of January 1995 of the Government, the Ministry of Trade issued Decision No.96-TM/XNK on the 14th of February 1995 and Document No.3229-TM/XNK on the 14th of March 1995 on the publication of the list of commodities banned from export and import.

In furtherance of the above-mentioned documents, the General Department of Customs gives guidance on its implementation as follows:

1. THE SCOPE OF ADJUSTMENT:

1. This list of commodities banned from export and import applies to all forms of export and import, including non-commercial export and import.

2. Decision No.96-TM/XNK takes effect as from the 1st of April 1995. This stipulation is taken to mean that with regard to those imported commodities which arrive at the first border gate before the 1st of April 1995, they shall be subject to the stipulations of Decision No.238-TM/XNK on the 24th of March 1994 of the Ministry of Trade and the documents guiding the implementation of that Decision.

3. Only the Prime Minister can permit the exportation and importation of the commodities in the List of commodities banned from export and import issued together with Decision No.96-TM/XNK. The Customs Office can give the password to those commodities only when there is an official document of the Prime < p="">

4. The ban on the exportation of wild animals and precious and rare animals and < p="">

II. GUIDANCE ON SPECIFIC ITEMS:

1. In Lists II-4 and II-5: In not clearly defined cases, the owner shall be requested to consult the branches concerned, and then the Customs Office shall handle them according to the opinion of those branches.

2. In List II-6: "Cigarettes" can only be imported as personal baggage according to the quantity fixed in Decree No.17-CP on the 6th of February 1995 of the < p="">

3. In List II-7 on "Used consumer goods":

3.1. All types of used cars shall be imported under the commercial import plan of the Ministry of Trade. Although motorcycles are considered consumer goods, used motorcycles (except motorcycles of 175cc or more) shall be imported under the commercial import plan of the Ministry of Trade.

Those items used in household production and enterprises such as sewing machines, weaving machines and industrial sewing machines are all considered means of production of which used items can be imported.

3.2. Used commodities registered as personal baggage as stipulated in Decree No.17-CP on the 6th of February 1995 and the guidance documents of the General Department of Customs can also be imported.

3.3. The following cases of used consumer goods can be imported:

3.3.1. Goods of those persons mentioned in Document No.131-HDBT on the 27th of August 1987 and in Decree No.73-CP on the 30th of July 1994 of the Government.

3.3.2. Used goods of those organizations founded and operating according to a separate agreement reached between the Vietnamese Government and those organizations (including goods of foreign investors as mentioned in Article 91 of Decree