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 |
|