Thông tư 62/2001/TT-BNN

CIRCULAR

GUIDING THE EXPORT AND IMPORT OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE AGRICULTURE SERVICE UNDER THE PRIME MINISTER’S DECISION No. 46/2001/QD-TTg OF APRIL 4, 2001 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN THE 2001-2005 PERIOD

In furtherance of Articles 3 and 4 of the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001 on the management of goods export and import in the 2001-2005 period, the Ministry of Agriculture and Rural Development hereby guides the export and import of goods subject to the agriculture service’s specialized management.

Chapter I

GENERAL PROVISIONS

1. This Circular applies to the export and import of goods subject to the agriculture service�s specialized management, including:

- The export of timber and wood products;

- The export of wild animals, rare and precious animals and forest plants;

- The export and import of cultivation plant and livestock breeds;

- The import of veterinary drugs, raw materials for production thereof and bio-products for veterinary use;

- The import of plant protection drugs, raw materials for production thereof and plant protection insects of all kinds;

- The import of livestock feeds and raw materials for protection thereof;

- The import of fertilizers and fertilizer preparations;

- The export and import of gene sources of cultivation plants, livestock and micro-organisms in service of scientific and technical research and exchange.

2. Goods subject to the animal or plant quarantine shall comply with the current provisions of law.

3. Enterprises shall be responsible for the accuracy of data declared upon import or export and answerable to consumers for the quality of imported goods according to the current law of the Vietnamese State.

Chapter II

SPECIFIC PROVISIONS

1. The export of timber and wood products

1.1. Timber and wood products from domestic natural forests, which are banned from export, including:

- Log timber of all kinds;

- Sawed timber of all kinds;

- Products of rare and precious woods from domestic natural forests of group IA specified in Decree No.18/HDBT of January 17, 1992 of the Council of Ministers (now the Government);

- Firewood and charcoal made from timber or firewood originated from domestic natural forests;

- Timber of trees named in the list of wild animals and plants banned from international trade under the Convention on International Trade in Endangered Species of Wild Animals and Plants (abbreviated to CITES).

1.2. Wood products exported under permits or certain conditions

a/ For timber of trees named in the list of wild animals and plants subject to conditional export (Annex II of CITES), when being exported, permits of Vietnam-based CITES office must be obtained;

b/ Products of rare and precious wood of group IIA specified in Decree No.18/HDBT of January 17, 1992 shall be permitted to be exported only in form of fine-art articles and high-class wood furniture. When exporting them, exporting enterprises must obtain permits of local ranger sub-departments.

1.3. Products permitted to be exported with unlimited quantity and value:

All products made from timber categories not specified in Clauses 1.1 and 1.2 as well as those from planted forests (except for log timber and sawed timber) shall be permitted to be exported with unlimited quantity and value. When exporting them, exporting enterprises shall only have to fill in the customs procedures at border-gates.

1.4. Log timber and sawed timber originated from planted forests or with import origin:

a/ For log timber and sawed timber originated from planted forests:

Enterprises may export log timber and sawed timber of all categories originated from planted forests with unlimited quantity and value. When exporting them, enterprises shall only have to fill in the customs procedures at border-gates and produce written certifications by the ranger offices of locations where timber is exploited.

b/ For log timber and sawed timber with import origin:

- Where enterprises, which have imported such timber for production and/or trading, do not use but re-export it, they shall, when carrying out the export procedures, only have to produce import customs declarations issued by the import border-gates’ customs according to the current regulations;

- Where enterprises entrust timber import to other enterprises, when exporting such timber, they must have entrustment contracts and copies of import customs declarations certified by the entrusted enterprises;

- Where an exporting enterprise re-purchases timber from an importing enterprise for re-export, when the export procedures are carried out, there must be:

+ Purchase-sale contract between the two units;

+ Copy of import customs declaration certified by the ranger office of the locality where the selling enterprise is located, with the sold quantity already subtracted back thereon;

- For timber cut into short pieces or sawed from imported log timber, written certification by the local ranger office and the Vietnamese ranger’s hammer indentation are required;

- All log timber and sawed timber with import origin must bear the hammer indentations of the exporting countries (if the exporting countries have no hammer indentations, the Vietnamese ranger’s hammer indentation shall be appended according to regulations and specific hammer specimens).

2. The export of wild animals, rare and precious animals and rare and precious forest plants

2.1. The following wild animal species and rare and precious forest plants are banned from export for commercial purposes:

a/ Rare and precious forest animal and plant species specified in Decree No.18/HDBT of January 17, 1992 of the Council of Ministers (now the Government);

b/ Ordinary wild animal species exploited and caught directly from the nature as specified in the Prime Minister’s Directive No.359/TTg of May 29, 1996;

c/ Wild animal and plant species available in Vietnam and named in Annex I of CITES;

d/ Wild animal species being natural enemies of rats as specified in the Prime Minister’s Directive No.9/1998/CT-TTg of February 18, 1998 and Decision No.140/2000/QD-BNN-KL of December 21, 2000 of the Minister of Agriculture and Rural Development promulgating the list of a number of wild animal species being natural enemies of rats;

e/ Tram or aloes wood (of gio bau tree) essence and sarsi essence according to Decision No.45/1999/QD-BNN-KL of March 2, 1999 of the Ministry of Agriculture and Rural Development.

2.2. Wild animals, rare and precious animal species and rare and precious forest plants can to be exported when the following conditions are met:

a/ For wild animals and rare and precious forest plants specified at Points a and c of Clause 2.1, when being exported for scientific research or international cooperation purpose, the permission of the Ministry of Agriculture and Rural Development is required. Particularly for species of group I specified in Decree No.18/HDBT of January 17, 1992, the Prime Minister’s permission is required;

b/ For wild animals and rare and precious forest plants specified at Points a, b and d of Clause 2.1, which are reared, multiplied and developed at farms or households, the products of their offspring of F2 generation downward can be exported with certification by local ranger sub-departments. The Vietnam-based CITES office shall base itself on such certification to issue export permits;

c/ For wild animals specified at Point c, Clause 2.1, the products of their offspring of F2 generation downward, which are multiplied, reared and bred at farms, can be exported under the following conditions:

- There are rearing farms certified by the CITES international;

- There are quotas granted by the CITES international;

The Vietnam-based CITES office shall base itself thereon to carry out the procedures for issuing export permits.

2.3. The import of wild animal species and forest plants specified at Point c, Clause 2.1 must be permitted in writing by the Vietnam-based CITES office.

3. The export and import of cultivation plant and livestock breeds

3.1. The export of cultivation plant and livestock breeds

a/ Rare and precious cultivation plant and livestock breeds on the list of rare and precious cultivation plant varieties banned from export and the list of livestock breeds banned from export promulgated by the Ministry of Agriculture and Rural Development in Decision No.58/2001/QD/BNN-KNKL of May 23, 2001 shall be banned from export.

b/ For other cultivation plant and livestock breeds, which are not on the above-said lists, when enterprises export them, they shall only have to fill in the customs procedures at border-gates.

3.2. The import of cultivation plant and livestock breeds

a/ For cultivation plant and livestock breeds on the list of cultivation plant varieties allowed to be imported and the list of livestock breeds allowed to be imported, promulgated by the Ministry of Agriculture and Rural Development by Decision No.58/2001/QD/BNN-KNKL of May 23, 2001, when enterprises import them, they must have dossiers on their origin, background and use instructions and shall only have to fill in the customs procedures at border-gates.

b/ Cultivation plant and livestock breeds outside the above-said lists, when being imported, must be given assay permits by the Department for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural Development. Basing itself on the assay results, the Ministry of Agriculture and Rural Development shall add them to the lists of cultivation plant and livestock breeds allowed to be imported into Vietnam.

c/ The import of cattle embryos and sperm and poultry breeding eggs must be permitted in writing by the Department for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural Development.

4. The import of veterinary drugs, raw materials for the production thereof and bio-products for veterinary use

a/ For those on the list of veterinary drugs and raw materials for the production thereof allowed to be imported into Vietnam promulgated by the Ministry of Agriculture and Rural Development by Decision No.45/2001/QD-BNN-TY of April 18, 2001, when being imported, the importing enterprises shall only have to fill the customs procedures at border-gates.

b/ Veterinary drugs, raw materials for the production thereof and bio-products for veterinary use outside the above-said list shall be granted assay permits by the Veterinary Department of the Ministry of Agriculture and Rural Development as prescribed for each type. Basing itself on the assay results, the Ministry of Agriculture and Rural Development shall add them to the list of veterinary drugs, raw materials for the production thereof and bio-products for veterinary use allowed to be imported into Vietnam.

c/ For vaccines of all kinds, when being imported, the permits of the Veterinary Department of the Ministry of Agriculture and Rural Development are required.

5. The import of plant protection drugs, raw materials for the production thereof and insects for plant protection

a/ For those on the list of plant protection drugs permitted for use in Vietnam, promulgated by the Ministry of Agriculture and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March 6, 2001, when importing them, enterprises shall only have to fill in the customs procedures at border-gates.

b/ Those kinds on the list of plant protection drugs banned from use in Vietnam, promulgated by the Ministry of Agriculture and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March 6, 2001, shall be banned from import.

c/ For those kinds on the list of plant protection drugs restricted from use in Vietnam, promulgated by the Ministry of Agriculture and Rural Development by Decision No.17/2001/QD-BNN-BVTV of March 6, 2001, the Ministry of Agriculture and Rural Development shall annually announce the volume permitted to be imported. Enterprises qualified for trading in such drugs shall make registration for the granting of import permits by the Plant Protection Department of the Ministry of Agriculture and Rural Development.

d/ For those kinds of plant protection drugs and raw materials for the production thereof not on the above-said list and insects of all kinds used in plant protection, the Plant Protection Department of the Ministry of Agriculture and Rural Development shall grant assay permits as prescribed for each type. Basing itself on the assay results, the Ministry of Agriculture and Rural Development shall add them to the list of plant protection drugs and raw materials for the production thereof permitted for use in Vietnam.

6. The import of livestock feeds and raw materials for the production thereof

a/ For products on the list of livestock feeds and raw materials used for livestock feeds processing, allowed to be imported into Vietnam in the 2001-2005 period, promulgated by the Ministry of Agriculture and Rural Development by Decision No.55/2001/QD-BNN-KNKL of May 11, 2001, when importing them, enterprises shall only have to fill in the customs procedures at border-gates.

b/ Products on the list of livestock feeds and raw materials for the production thereof banned from import into Vietnam, which is promulgated by the Ministry of Agriculture and Rural Development by Decision No.55/2001-QD/BNN-KNKL of May 11, 2001, shall be banned from import.

c/ For livestock feeds and raw materials for the production thereof not on the above-said list, when being imported, the assay permits of the Department for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural Development are required separately for each kind. Basing itself on the assay results, the Ministry of Agriculture and Rural Development shall add them to the list of livestock feeds and raw materials for the production thereof, permitted to be imported into Vietnam.

7. The import of fertilizer and fertilizer preparations

a/ For fertilizer and fertilizer preparations on the list of fertilizers permitted for use and circulation in Vietnam, promulgated by the Ministry of Agriculture and Rural Development under Decisions No.123/1998/QD-BNN-KHCN of August 25, 1998, No.219/1998/QD-BNN-KHCN of December 30, 1998 and No.12/2000/QD-BNN-KHCN of February 15, 2000, when importing them, enterprises shall only have to fill in the customs procedures at border-gates.

b/ For fertilizers and fertilizer preparations outside the above-said list, the Department for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural Development shall grant assay permits prescribed for each kind upon their import. Basing itself on the assay results, the Ministry of Agriculture and Rural Development shall add them to the list of fertilizers permitted for use and circulation in Vietnam.

8. The export and import of gene sources of cultivation plants, livestock and micro-organisms in service of scientific and technical research and exchange

The export and/or import of all objects being gene sources of cultivation plants, livestock and micro-organisms and new bio-products used in agriculture for scientific and technical research, experiment and exchange purposes must be permitted in writing by the Department for Agriculture and Forestry Promotion of the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTATION PROVISIONS

1. Agencies to receive and settle dossiers of application for export permits, import permits or assay permits are located at the following addresses:

a/ Local ranger sub-departments: For cases prescribed at Point b, Clause 1.2, Section 1, Chapter II;

b/ The Ranger Department (No.2 Ngoc Ha street, Ba Dinh district, Ha Noi city, telephone: 7335674, facsimile: 7335685): For cases prescribed at Point a, Clause 1.2, Section 1, and Clauses 2.2 and 2.3, Section 2, Chapter II;

c/ The Department for Agriculture and Forestry Promotion (No.2 Ngoc Ha street, Ba Dinh district, Ha Noi city, telephone: 8234651, facsimile: 8236403) or the representative office of the Department for Agriculture and Forestry Promotion in Ho Chi Minh City (No.12 Phung Khac Khoan street, Ho Chi Minh City, telephone: 088.243870 and 088.293280): For cases prescribed at Points b and c, Clause 3.2, Section 3 (except for cultivation plant and livestock breeds specified in Decree No.18/HDBT of January 17, 1992 and the regulations of CITES, for which dossiers must be sent to the Ranger Department), Point c, Section 6; Point b, Section 7 and Section 8, Chapter II;

d/ The Veterinary Department (Phuong Mai ward, Dong Da district, Ha Noi city, telephone: 8696788, facsimile: 8691311) or the resident office of the Veterinary Department in Ho Chi Minh City (No.521 Hoang Van Thu street, Tan Binh district, Ho Chi Minh City, telephone: 08.8444024, facsimile: 08.8569050): For cases prescribed at Points b and c, Section 4, Chapter II;

e/ The Plant Protection Department (No.149, Ho Dac Di street, Dong Da district, Ha Noi city, telephone: 8519451, facsimile: 5330043) or the representative office of the Plant Protection Department in Ho Chi Minh City (No.28 Mac Dinh Chi street, District I, Ho Chi Minh City, telephone: 8221413, facsimile: 8244187): For cases prescribed at Point c and d, Section 5, Chapter II.

2. Dossier form: Dossiers shall be made according to the dossier form set by the specialized management bodies of the Ministry of Agriculture and Rural Development.

3. The time limit for settling dossiers: Within 7 working days after receiving valid dossiers, the dossier-receiving agencies defined in Section 1 of this Chapter shall have to give their written replies.

4. Implementation effect

This Circular replaces Circular No.41/2000/TT-BNN-KH of April 13, 2000 of the Ministry of Agriculture and Rural Development guiding the export and import of goods subject to specialized management by the agriculture service.

This Circular takes effect after its signing.

Any problems arising in the course of implementation should be reported by the concerned organizations and individuals to the Ministry of Agriculture and Rural Development for consideration and solution.