Thông tư 18/2014/TT-NHNN

CIRCULAR

PROVIDING GUIDANCES ON IMPORTATION OF GOODS UNDER THE MANAGEMENT OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Government's Decree No. 156/2013 / ND-CP dated November 11, 2013 on defining the functions, tasks, entitlements and organizational structure of the State Bank of Vietnam;

Pursuant to the Government's Decree No. 187/2013 / ND-CP dated November 20, 2013, detailing the implementation of the Law on Commerce on the international commodity trading and operations of agency purchasing, selling , processing and transitting goods with foreign countries (hereinafter referred to as Decree No. 187/2013 / ND-CP);

Pursuant to the Prime Minister's Decision No. 41/2005 / QD-TTg of March 2, 2005, promulgating the Regulation on licensing the importation of goods;

At the request of the Director of the Department of Issuance and Vault,

The Governor of the State bank of Vietnam promulgates this Circular, providing guidance on the import of goods under the management of the State Bank of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular promulgates the list of goods enclosed with HS codes of goods under the management of the State Bank of Vietnam (hereinafter referred to as the State Bank); provides guidance on conditions and procedures for import licensing and for designating enterprises to import goods under the management of the State Bank as stipulated in Decree No. 187/2013 / ND CP.

Article 2. Regulated entities

1. Department of Issuance and Vault, Department of Administration, State Bank Exchange, branches of the State bank in central-affiliated cities and provinces and other enterprises under the State bank.

2. Credit institutions, branches of foreign banks, money-printing and money-minting facilities

3. Agencies, organizations and traders involved in the importation of goods under the management of the State Bank.

Article 3. Management

1. The list of goods under the management of the State Bank shall be specified in Appendix I enclosed herewith this Circular.

2. The State Bank shall manage the importation of goods under the management by granting import licences or designating enterprises to import.

Chapter II

PROVISIONS ON IMPORTATION OF GOODS UNDER THE MANAGEMENT OF THE STATE BANK OF VIETNAM

Section 1: PROVISIONS ON GOODS IMPORTATION IN THE FORM OF GRANTING IMPORT LICENCES

Article 4. Imported goods

1. The State Bank shall manage in the form of granting licenses to import bank vault doors.

2. Technical requirements of bank vault doors: Imported bank vault doors must conform to technical standards of the bank vault doors imposed by the State Bank.

Article 5. Applications for licensing import of bank vault doors

1. With regard to the Department of Issuance and Vault, Department of Administration, State Bank Exchange, branches of the State bank in central-affiliated cities and provinces and other enterprises affiliated to the State bank, the application shall include:

a) Written request for permission to import the bank vault door : 01 (an) original in Appendix II enclosed herewith this Circular;

b) Written approval of the Governor of the State Bank for equipment with the imported bank vault door : 01 (a) copy;

c) Technical documentation of the bank vault door: 01 (a) copy, and 01 (a) Vietnamese translation.

2. With regard to credit institutions, branches of foreign banks, money-printing and money-minting facilities (except for ones affiliated to the State Bank); agencies, organizations and traders wishing to import the bank vault door, the application shall include:

a) Written request for permission to import the bank vault door: 01 (an) original in Appendix II enclosed herewith this Circular;

b) Establishment Decision, Investment certificate or Certificate of Business registration, Certificate of Enterprise registration : 01 (a) certified true copy.

c) Technical documentation of the bank vault door: 01 (a) certified true copy, and 01 (a) Vietnamese translation.

3. If any of the entities mentioned in clauses 1 and 2 of this Article entrusts another entity to import the bank vault door, in addition to the documents specified in Clauses 1 and 2 of this article, the following documents are also required:

b) Establishment Decision, Investment certificate or Certificate of Business registration, Certificate of Enterprise registration : 01 (a) certified true copy.

b) Letter of entrustment conformable with the laws of the entrusting goods trade :01 (an) original or 01 (a) copy certified by the entrusting party/entity.

Article 6. Procedures and time limits for granting licence to import bank vault door

1. The applicant for the license to import the bank vault door shall submit the application by post or directly to the State Bank (Department of Issuance and Vault) of which address is No. 47-49 Ly Thai To, Hoan Kiem District, Hanoi.

2. After 02 (two) working days since receiving the application for import license, the Department of Issuance and Vault shall request such unit to complete the application if it is not satisfactory.

When receiving the satisfactory application, the Department of Issuance and Vault shall consider and request the Governor of the State Bank to consider granting the license to import the bank vault door .

3. Within 07 days after receiving a valid application, the State bank shall grant the import lisence of the bank vault door( using the form in Appendix III enclosed herewith this Circular). If the application is rejected, within the above-mentioned time limit, the State Bank shall make a reply in writing stating clearly the reasons.

Article 7. Effect of licences to import of bank vault door

licences to import the bank vault door shall take effect within 06(six) months after its date of issue.

Section 2: PROVISIONS ON GOODS IMPORTATION IN THE FORM OF DESIGNATING ENTERPRISES TO IMPORT

Article 8. Imports

1. The products specified in Sections 2, 3, 4, 5, 6, 7, 8 of Appendix I enclosed with this Circular are those managed by the State Bank in the form of designating enterprises to import.

2. The State Bank shall designate the money-printing and money-minting facility affiliated to the State Bank to import products specified in clause 1 of this Article.

Article 9. Import procedure and basis

1. Based on the annual plan for printing money, plan for buying paper and ink to print money and plan for purchase of equipment approved by the Governor of the State Bank , the money-printing and money-minting facility affiliated to the Bank State shall import goods for printing and minting money.

2. The money-printing and money-minting facility shall submit the written request for permission to receive the imported goods enclosed with an application as follows to the State bank (Issuance and Vault Department): 01 (a) copy of contract, bill of lading, commercial invoice and packing list certified by such facility .

Based on such application, the Department of Issuance and Vault shall consider and request the Governor of the State Bank to consider permitting the money printing and minting facility to receive the imported goods .

Chapter III

IMPLEMENTATION ORGANIZATION

Article 10. Transitional provisions

For the import licence and written permission for receiving imported goods under the management of the State Bank granted prior to the effective date of this Circular, the import licence and receipt documents of the imported goods of the State Bank are still applicable.  

Article 11. Responsibilities of the Department of Issuance and Vault

1. Inspect, monitor and manage the use of goods under the management of the State Bank under the right purposes.

2. Take other responsibilities as prescribed in this Circular.

Article 12. Responsibilities of the import units or entrusted import units (if any)

1. Import the correct quantity, quality and categories of goods, ensure the technical standards defined by the State Bank and comply with the provisions of the law on import goods.

2. Importers must use imported goods for right purposes.

3. Within three (03) months from the date of customs clearance, the importer must submit a written report to the State Bank (the Department of Issuance and Vault) on the use of imported goods.

Article 13. Effect

1. This Circular takes effect from September 15, 2014.

2. This Circular shall replace the Circular No. 04/2006 / TT-NHNN dated July 03, 2006, guiding the implementation of Decree No. 12/2006 / ND-CP dated January 23, 2006 detailing the implementation of the Law on Commerce on the international commodity trading and operations of agency purchasing, selling , processing and transitting with foreign countries goods under the management of the State Bank.

Article 14. Responsibilities of implementation organizations

Chief officers, Director of the Department of issuance and vault, Heads of affiliates of the State bank, Director of branches of the State bank of central-affiliated cities and provinces; President of the Board of Directors, President of the Member assembly, general Director (Director) of the money printing and minting facility; President of the Board of Directors, President of the Member assembly, general Director (Director) of credit institutions, branches of foreign banks shall be responsible for implementing this Circular  

APPENDIX I

THE LIST OF GOODS UNDER THE MANAGEMENT OF THE STATE BANK.
(Enclosed herewith the Circular No. 18/2014 / TT-NHNN dated August 1, 2014)

I. Exported goods : No

II. Imported goods