Thông tư 34/2013/TT-BCT

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 in Vietnam,

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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.

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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
DEPUTY MINISTER




Ho Thi Kim Thoa

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)

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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

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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

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- Cigarettes containing tobacco:

2402.20.10

- - Beedies

2402.20.20

- - Clove cigarettes

2402.20.90

- - Other

2402.90

2402.90.10

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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

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- - - 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

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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

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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

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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

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2710.12.80

- - - Other Alpha olefin

2710.12.90

- - - Other

2710.19

- - Other:

2710.19.20

- - - Topped crudes

2710.19.30

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- - -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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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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