Quyết định 10/2007/QĐ-BTM

 

MINISTRY OF TRADE

SOCIALIST REPUBLIC OF VIETNAM

 

Independence - Freedom - Happiness

No. 10-2007-QD-BTM

 

 

Hanoi, 21 May 2007

DECISION ANNOUNCING THE SCHEDULE FOR IMPLEMENTATION OF TRADING AND DISTRIBUTION ACTIVITIES1

The Minister of Finance

Pursuant to Decree 29-2004-ND-CP of the Government dated 16 January 2004 on functions, duties and powers of the Ministry of Trade; 

Pursuant to Resolution 71-2006-QH11 of the National Assembly dated 29 November 2006 on ratification of the protocol on accession by Vietnam to the World Trade Organization (WTO);

On the proposal of the Director of the Department for Planning and Investment;

Decides:

Article 1

To announce the schedule for implementation of trading and distribution activities pursuant to undertakings in international treaties of which the Socialist Republic of Vietnam is a member, as follows:

                        (a) Investment Forms and Schedule for implementation of trading and distribution activities (Appendix 1).

                        (b) List of Goods and Schedule for implementation of export rights (Appendix 2).

                        (c) List of Goods and Schedule for implementation of import rights (Appendix 3).

                        (d) List of Goods and Schedule for implementation of distribution rights (Appendix 4).

 

Article 2

This Decision shall be of full force and effect fifteen days after the date of its publication in the Official Gazette.

The Minister of Trade Deputy Minister

LE DANH VINH

1

Allens Arthur Robinson Note: The literal translation of trading and distribution activities is "activities of purchase and sale of goods and activities directly related to purchase and sale of goods".

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com 1


 

INVESTMENT FORMS AND SCHEDULE FOR IMPLEMENTATION OF TRADING AND
DISTRIBUTION ACTIVITIES

No.

Activity

Investment Form and Schedule for Implementation

1.

Import rights, export rights:

Permitted to conduct investment in the form of an economic institution with 100% foreign owned capital, or in the form of a joint venture economic institution between a foreign investor and a domestic investor.   

2.

Distribution rights: -Agent for purchase and sale -Wholesale -Retail -Franchisee

-Permitted to conduct investment in the form of a joint venture economic institution between a foreign investor and a domestic investor, in which the foreign investor may not contribute more than 49% of the charter capital; as from I January 2008 there will be no restriction on the % charter capital contribution of the foreign investor. -Permitted to conduct investment in the form of an economic institution with 100% foreign owned capital as from I January 2009. -Distribution rights are attached to the right to establish the first retail sales outlet; establishment of additional retail sales outlets shall be considered on the basis of an inspection of the economic requirements (the current number of service providers within a geographical area, market stability and the size of the geographical area).

3.

Commercial advertising (excluding advertising of tobacco):

Permitted to conduct investment in the form of a joint venture economic institution or in the form of a business co-operation contract between a foreign investor and a domestic investor already licensed for commercial advertising business.    In the case of investment in the form of a joint venture economic institution, the foreign investor may not contribute more than 51% of the charter capital; as from I January 2009 there will be no restriction on the % charter capital contribution of the foreign investor.

4.

Commercial assessment (excluding acceptance testing of transportation vehicles):

Permitted to conduct investment in the form of an economic institution with 100% foreign owned capital, or in the form of a joint venture economic institution between a foreign investor and a domestic investor.   Provision of commercial assessment services shall not be permitted in some geographical areas for national security reasons as certified by the competent body.

 

The above investment forms and schedule for implementation also apply to currently established economic institutions with 100% foreign owned capital and to joint venture economic institutions between foreign investors and domestic investors which request addition of trading and distribution activities to their business lines.


 

LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF EXPORT RIGHTS  

I. Principles for Use:

1                     This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff2.

2                     The groups in this List are each an 8 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 8 figure group also applies to the 10 figure sub-group.

 

II. Lists:

A. GOODS NOT PERMITTED TO BE EXPORTED:

Goods Code

Goods Description

Crude [unrefined] petroleum and petroleum/oil obtained from bitumen minerals 

2709.00.10

-Crude oil

2709.00.20

-Condensate

2709.00.90

-Other types

 

B. GOODS PERMITTED TO BE EXPORTED PURSUANT TO A SCHEDULE:

Goods Code

Goods Description

Schedule

 

Husked rice

1 January 2011

1006.10.10 to

To create seedlings

 

1006.30.69

-Other types

 

1006.40.00

-Broken rice

 


 

2


 

Allens Arthur Robinson Note: The sub-groups in Appendices 2, 3 and 4 have not been listed and translated in full. Reference should be made to the Import/Export Tariff. 

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com 3


 


 


 

LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF IMPORT RIGHTS  

I. Principles for Use:

1                     This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff.

2                     The groups in this List are each an 8 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 8 figure group also applies to the 10 figure sub-group.

3                     In order to avoid having to issue an exceedingly long list, the description of goods has been shortened as compared to the Import/Export Tariff so the description of goods in the Import/Export Tariff should be relied on.

 

II. Lists:

A. GOODS NOT PERMITTED TO BE IMPORTED:

Goods Code

Goods Description

Cigars, double-filter cigars, cheroots and cigarettes processed from tobacco leaf or replacement tobacco leaf

2402.10.00  to

Cigars, double-filter cigars and cheroots produced from tobacco leaf 

2402.90.20

Cigarettes produced from replacement tobacco leaf

Processed tobacco leaf and other processed replacement tobacco leaf;  "pure" tobacco and "reconstituted" tobacco; tobacco extract and tobacco essence

2403.10.11  to

--- Blended tobacco leaf

2403.99.60  

--- Ang Hoon

2403.99.90 

Other types

Petroleum and oil sourced from petroleum and from bitumen minerals, but not crude oil

2710.11.11  to

--- High grade mixed engine oils 

2710.91.00

-- PCBs, PCTs and PBBs

2710.99.00

Other types

Specialized newspapers and magazines and periodicals irrespective of whether they are illustrated or contain advertisements

4902.10.00 to

- Published at least 4 times per week

4902.90.91

--- On science, technical matters or economics

4902.90.99 

Other types

Disks, videos and other information-containing audio or similar objects including models and original materials for production of disks or videos

8524.39.20 to

--- Used to create films

8524.99.90

Other types

Other aircraft (such as helicopters and planes); rockets (including satellite rockets) and orbiting spacecraft and anti-rocket launching pads  

8802.11.00 to

-- Air weight under 2000 kg

8802.40.90 

Other types

8802.60.00 

Rockets (and satellite rockets), orbiting spacecraft and anti-rocket launching pads 

Aircraft components for Group 88.01 or 88.02

8803.10.10 to

-- Doors of planes or helicopters

8803.90.90 

Other types

 

B. GOODS PERMITTED TO BE IMPORTED PURSUANT TO A SCHEDULE:

Goods Code

Goods Description

Schedule

Pharmaceutical drugs

1 January 2009

Medicines (except for Groups 3002, 3005 and 3006) being a mixture of two or more ingredients 

3003.10.10 to

--Containing amoxicillin (INN)

 

3003.90.40 

-- Medicine for treating fevers

 

3003.90.90 

Other types

 

Medicines (except for Groups 3002, 3005 and 3006)

1 January 2009

3004.10.11 to

-- Containing penicillin G

 

3004.20.60 

-- In liquid form and containing isoniazid or pyrazinamid

 

3004.00.99 

Other types

 

Other pharmaceutical products mentioned in Note 4 to Chapter 30

1 January 2009

3006.10.00 to

- Antiseptic catgut string

 

3006.80.00

--Discarded pharmaceutical drugs

 

Film

Cinema film (fully developed film)

1 January 2009

3706.10.10 to

-- Current events films, tourism films, scientific and technical films

 

3706.90.20

-- Films 

 

3706.90.90

Other types

 

Unused calendars, postcards and stamps 

Current stamps, tax stamps or similar stamps

1 January 2009

4907.00.10 to

-- Paper money subject to legal tendering

 

4907.00.40 

- Securities, share certificates or bond certificates

 

4907.00.90 

-Other types

 

Printed or photo postcards, greeting cards with printed messages 

1 January 2009

4909.00.00 

Printed or photo postcards, greeting cards with printed messages 

 

Printed and block calendars 

1 January 2009

4910.00.00 

Printed and block calendars 

 

Other publications including pictures and photos

1 January 2009

4911.10.00 to

Commercial advertising publications including commercial catalogues 

 

4911.99.90

--- Other types

 

Industrial Printers

Machines, equipment and tools

1 January 2009

8442.10.10 to

-- Electricity driven

 

8442.50.90 

-- Other types

 

Other types of printers

1 January 2009

8443.11.10 to

-- Electricity driven

 

8443.90.90

-- Other types

 

Other types of machines

Transmission equipment used for radio

1 January 2009

8525.10.10 to

-- Used for wireless broadcasts

 

8525.30.30

-- Other types

 

8525.40.40

-- Cameras

 

Radar and radio wave transmitting equipment 

1 January 2009

8526.10.90

-- Other types

 

8526.92.00

-- Remote controlled equipment

 

 


 

LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF
DISTRIBUTION RIGHTS

I. Principles for Use:

1                     This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff.

2                     The groups in this List are each an 4 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 4 figure group also applies to the 10 figure sub-group.

3                     In order to avoid having to issue an exceedingly long list, the description of goods has been shortened as compared to the Import/Export Tariff so the description of goods in the Import/Export Tariff should be relied on.

 

II. Lists:

A. GOODS NOT PERMITTED TO BE DISTRIBUTED:

Goods Code

Goods Description

Husked Rice

1006

Husked rice

Sugarcane and sugar beet

1701

Sugarcane and sugar beet in group 1701

Tobacco and cigars

2402

Cigars, double-filter cigars, cheroots and cigarettes processed from tobacco leaf or replacement tobacco leaf

2403

Processed tobacco leaf and other processed replacement tobacco leaf;  "pure" tobacco and "reconstituted" tobacco; tobacco extract and tobacco essence

Crude oil and processed oil

2709

Mineral oil and all types of petroleum/oil obtained from bitumen minerals, in crude form

2710

Oil sourced from mineral oil and all types of petroleum/oil obtained from bitumen minerals

Pharmaceutical drugs (excluding nourishing products in the form of pills, bars, crystal or powder)

3001

Dried products used for treatment

3002

Processed humans and animal blood used for treatment and prevention

3003

Medicines (except for Groups 3002, 3005 and 3006) 

3004

Medicines (except for Groups 3002, 3005 and 3006) 

3006

Other pharmaceutical products mentioned in Note 4 to Chapter 30 on the Import List

Explosives

3601

Powders

3602

Processed explosive except for 3601

3603

Safety fuses, detonators etc. 

Books, newspapers and magazines  

4901

Books…

4902

Specialized newspapers and magazines and periodicals irrespective of whether they are illustrated or contain advertisements

4903

Picture, drawing and colouring books for children

Precious stones

7102

Diamonds not yet inlaid or encrusted

7103

Precious stones (excluding diamonds) not yet beaded

7104

Collated or re-worked precious stones not yet beaded or encrusted

 

7106

Silver not yet handcrafted 

7108

Gold not yet handcrafted 

7110

Platinum not yet handcrafted

7111

 

7118

Metal coins

 

Image recorded objects on whatever material

 

Disks, videos and other information-containing audio or similar objects including models and original materials for production of disks or videos, except for products in Chapter 37 of the Import List 

 

B. GOODS PERMITTED TO BE DISTRIBUTED PURSUANT TO A SCHEDULE:

Goods Code

Goods Description

Schedule

Liquor

01/01/2010

2204

Red wine

 

2205

Vermouth and other red wines 

 

2206

Other fermented drink

 

2207

Spirits with 80% or more concentration

 

2208

Spirits with less than 80% concentration

 

Cement and clinker

01/01/2010

2523

Portland cement, aluminium cement, porous (slag) cement

 

Fertilizer

01/01/2010

3102

Mineral or chemical fertilizer with nitrogen

 

3103

Mineral or chemical fertilizer with phosphate

 

3104

Mineral or chemical fertilizer with potassium

 

3105

Mineral or chemical fertilizer with a mixture of nitrogen phosphate or phosphate, and other fertilizers

 

Tyres

01/01/2010

4011 10 00 00

- Used for small cars

 

4011 20 10 00

-- Used for buses

 

4011 40 00 00

- Used for cars

 

Paper

01/01/2010

4801

Newsprint

 

4802

Writing paper

 

4804

 

 

4807

 

 

4810

 

 

4820

 

 

4823

 

 

Iron and steel

01/01/2010

7208

 

 

7209

 

 

7210

 

 

7211

 

 

7212

 

 

7213

 

 

7214

 

 

7215

 

 

7216

 

 

7217

 

 

Audio and visual equipment

01/01/2010

8517

Electrical equipment used for telephones

 

8519

Cassettes etc.

 

8520

Disks etc.

 

8521

Video players/recorders

 

8525

Radio equipment

 

8526

Radar equipment

 

8527

Receivers

 

8528

Receivers

 

8529

Parts for groups 85.25 to 85.28

 

Tractors, mechanized vehicles, small cars and motor cycles

01/01/2009

8701

Tractors

 

8702

10 or more seat vehicles

 

8703

Transport vehicles (except group 87.02)

 

8704

Goods carrying vehicles

 

8705

Specialized vehicles

 

8709

Transport vehicles