Thông tư 4/1998/TT-BTM

CIRCULAR

GUIDING THE IMPORT OF COMPONENTS OF MOTOR CYCLES IN THE IKD FORM

Pursuant to the Decision No.11/1998/QD-TTg of January 23, 1998 of the Prime Minister on the 1998 export and import management mechanism;
Based on the performance result and situation of the assembly of motor cycles in the IKD form by the domestic enterprises over the recent period;
Proceeding from the opinions of the Ministry of Industry in Official Dispatch No.524/CV-KHDT of March 2, 1998 and after consulting the concerned ministries and branches;
The Ministry of Trade hereby guides the import of components of motor cycles in the IKD form as follows:

I. GENERAL PROVISIONS

1. This Circular shall apply to enterprises of all economic sectors established under the Vietnamese law (except for foreign-invested enterprises) that have motor cycle manufacturing and/or assembling establishments which meet conditions for the import of components in the IKD form.

2. Components in the IKD form said in this Circular are IKD components of motor cycles specified in Decision No.65/TDC-QD of March 16, 1995 of the General Department of Standardization, Metrology and Quality Control.

II. CONDITIONS FOR IMPORT OF COMPONENTS IN THE IKD FORM

The enterprises that fully meet the following conditions shall be designated by the Ministry of Trade to import the IKD components of motor cycles for manufacture and assembly:

1. The enterprises that made investment in manufacture and assembly in 1997 and have been granted by the Ministry of Trade permits for import of IKD components to be used in the assembly under the 1997 import mechanism.

2. The enterprises that have new investment projects to build establishments for the manufacture and/or assembly of motor cycles in the IKD form: To ensure the conformity with the branch's planning and development under the Prime Minister's instructions in Notice No.132/TB of November 25, 1997, the enterprises having new investment projects must fully meet the following conditions:

2.1- Having techno-economic studies approved by their managing agencies (ministries, branches or People's Committees of the provinces and cities directly under the Central Government).

2.2- Obtaining written consents from the Ministry of Industry.

2.3- Obtaining certification from the Ministry of Science, Technology and Environment (the General Department of Standardization, Metrology and Quality Control) that the establishments are qualified for the assembly of motor cycles in the IKD form and certification of the list of non-import details and the list of localized details suitable to the IKD assembly as defined in Decision No.65/TDC-QD of March 16, 1995 of the General Department of Standardization, Metrology and Quality Control.

2.4- In cases where the enterprises retain the foreign motor cycle marks, they must obtain consents from the foreign manufacturers and the contracts on the supply of components in the IKD form. For new marks, besides obtaining the foreign manufacturers' consents to supply IKD components, the enterprises shall have to make registration of industrial designs and trademarks at the Department of Industrial Property (the Ministry of Science, Technology and Environment).

III. IMPLEMENTATION PROVISIONS

1. Enterprises that fully meet the conditions (prescribed in Section II of this Circular) shall send their dossiers to the Ministry of Trade so as to be considered for the assignment of import plans.

2. This Circular takes effect from March 15, 1998, all the previous stipulations of the Ministry of Trade which are contrary to this Circular are now annulled. In the course of implementation, the ministries, branches and localities are requested to report contents they deem necessary to be supplemented and/or amended to the Ministry of Trade for consideration and appropriate adjustment.