General Department      Socialist Republic of Vietnam
    of Customs        Independence-freedom-Happiness
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No: 190/TCHQ-GSQL
                              Hanoi, October 07, 1994.

CIRCULAR ON THE REGULATIONS ON THE AUTHORITY Of GENERAL DEPARTMENT Of CUSTOMS TO ISSUE AND CONTROL IMPORT/EXPORT LICENSE

I. To perform the policy on simplifying the customs formalities, the general Department of Customs has decided to remove the import-export license regime applicable to non-commercial goods for the cases as follows:

1. The goods (like cultural articles, publications, antiques, eastern medicine products, mineral specimens, insect specimens, plant seeds, breaching cattle, birds wild beasts...) for export (import) licensed by the specialized control agencies under regul ation of the Laws.

2. Samples, advertising merchandise

3. Aids, gifts

4. Part of luggage exceeding the allowed duty free amount.

5. License for exemption from customs formalities. The said cases shall be dealt with at border gates on the ground of items, taxation and preferential policies. Otherwise cases, for the time ahead shall be further put under the license regime.

II. The customs levels entrusted by the Head of General Department of Customs to issue export or import licenses shall be:

1. The Heads of customs Departments of cities or provinces. In ad-hoc situations (as emergency demand for goods for political, security or military purposes), the Head of General Department of Customs is likely to offer the right to grant licenses to the Head of Customs supervision and control Department.

2. The above-mentioned export or import license shall be valid in one year.

3. The heads of customs Department in cities or provinces shall only be allowed to grant export (import) license for commercial goods to the organizations or individuals located on the same area or off customs neighboring region, not to the ones of the ar ea where customs house based on

4. Entrusted to issue license customs levels shall not be allowed to re-entrusted the said right to lower levels.

III. License application and license issuance procedures.

1. License application dossier

The Organizations and individuals desirable to carry-out import (export) activities must complete an application for import (export) license in Vietnamese language (or diplomatic note in case of foreign applicant)

The supporting documents shall be:

+ Detailed list of goods for import (export), (2 origin copies)

+ Transportation bill (2 copies).

In addition to them

- In case the goods for import (export) are viewed as transferred or inherited properties, there shall be

- Attestation of transferred or inherited properties (origin and one copy)

- License for residence (local or abroad) issued by the competent bodies in case the applicants are diplomatic bodies, economic institutions, there shall be

- Duty free buying card granted by customs authorities.

- In case the applicants are branches or representative offices of overseas businesses, there shall be

- A copy of permit for setting-up in Vietnam

- In case the transferred properties are auto, there shall be

- Seller's application for selling

- Buyer's application for buying

- Proposal of the Diplomatic Corps service Department in writing sent to the General Department of customs for the transfer permit (a copy certified by public notary Agency coupled with the origin one)

- Certificate of circulation termination

- Attestation of seller's working term termination

- Attestation of auto accident issued by police (if any)

- Certificate on control of auto conditions (if any)

2. License issuance

2.1. Within two working days from the date of receiving a license application dossier, the customs authorities in charge of license issuance shall be responsible to give answers.

2.2. The import (export) license is provided in two copies on the form issued by the General Department of Customs.

+ One copy shall be kept in archives coupled with a completed dossier-copy at the customs house in charge of license issuance.

+ The remained one coupled with a detailed list of goods, a copy of transportation bill certified by customs house in charge of license issuance shall be given to the importer (exporter) so as he could handle to the border customs for clearance of goods. After completing customs formalities, the border customs shall make a certification of actual importation (exportation) on the license, keep in archives a copy of the cleared dossier, a cleared deceleration. The owner of goods shall be supplied with anoth er cleared declaration and the receipt on import (export) tax payment.

In case the imported goods are auto or motorbikes the import license shall be made in 3 copies. All the procedure are to be carried-out as above stipulated. Just the third copy of license, after being supplemented by some points such as machine mark, engi ne number, frame number, year of production... shall be given from the border customs to the importer so as he could perform circulation registration procedures afterward.

2.3. The valid time for the license is 30 days in case of fair reason, it would be extended by the same length of time. Only the customs House in charge of license issuance and the customs supervision Department shall have the right to extent licenses.

2.4. Each import (export) license shall be used for one import (export deal only.

IV. License expedition

3. The border customs shall be responsible to submit monthly report on the matter of license expedition to the customs authorities at higher level than the license issuing one. The report must contains information in details on license expedition status.

4. Being regarded as an operation bearing direct contracts with customers (local and foreign, organizations and individuals), the license issuing must carried-out conveniently, tactfully and strictly. Thus the customs officers in charge shall be selected and aware of they are banned from taking advantages of their position to trouble importers (exporters) for any reason.

5. The customs level entrusted to grant license shall be responsible to expedite licenses the head of customs supervision and control Department, Heads of relevant units under the General Department of customs shall be responsible to guide and supervise t he issuing licenses in accordance with the regulations in this circular. The present circular shall replace the Decision No 02/TCHQ-GQ dated 15th January 1992 and the official letter No 521 on 28th June 1993. All the part regulations contrary to the prese nt one shall be repealed.

for The General Department of Customs Head of General Department of Customs

PHAN VAN DINH