Vietnam Legal documents related to import and export issued in 2018

In 2018, many legal documents relating to import and export have been issued or amended and supplemented to suit the practice and management requirements of the state, namely:

1.1. Decree

– Decree No. 09/2018 / ND-CP dated January 15, 2018 of the Government detailing the Commercial Law and the Law on Foreign Trade Management regarding purchase and sale of goods and activities directly related to purchasing selling goods of foreign investors, foreign-invested economic organizations in Vietnam.

– Decree No. 10/2018 / ND-CP dated January 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management regarding trade defense measures.

– Decree No. 14/2018 / ND-CP dated January 23, 2018 of the Government providing detailed regulations on border trade activities.

– Decree 15/2018 / ND-CP dated 2/2/2018 of the Government detailing a number of articles of the Law on Food Safety.

– Decree No. 28/2018 / ND-CP dated March 1, 2018 of the Government detailing the Law on Foreign Trade Management on a number of measures to develop foreign trade.

– Decree No. 31/2018 / ND-CP dated March 8, 2018 of the Government detailing the Law on Foreign Trade Management regarding goods origin.

– Decree No. 69/2018 / ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Foreign Trade Management Law.

– Decree No. 107/2018 / ND-CP dated August 15, 2018 of the Government on rice export business.

1.2. Circulars

– Circular No. 01/2018 / TT-BCT dated February 27, 2018 of the Minister of Industry and Trade detailing goods traded, exchanged through auxiliary border gates and traders’ open border ways.

– Circular No. 02/2018 / TT-BCT dated February 27, 2018 of the Minister of Industry and Trade detailing the List of goods traded and exchanged by border residents.

– Circular No. 03/2018 / TT-BCT dated March 30, 2018 of the Minister of Industry and Trade stipulating the principles of administering import tariff quotas for salted and egg products in 2018.

– Circular No. 04/2018 / TT-BCT dated April 2, 2018 of the Minister of Industry and Trade regulating the non-application of tariff quotas on imported salt and egg eggs originating from ASEAN countries.

– Circular No. 05/2018 / TT-BCT dated April 3, 2018 of the Minister of Industry and Trade regulating the origin of goods.

– Circular No. 11/2018 / TT-BCT dated May 29, 2018 of the Minister of Industry and Trade amending and supplementing the Circular No. 21/2016 / TT-BCT dated June 20, 2016 of the Minister of Industry and Trade regulating the implementation of rules of origin of goods in the Free Trade Agreement between Vietnam and the Eurasian Economic Union.

– Circular No. 12/2018 / TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing a number of articles of the Foreign Trade Management Law and Decree No. 69/2018 / ND-CP dated 15 months 5 years 2018 of the Government detailing a number of articles of the Foreign Trade Management Law.

– Circular No. 15/2018 / TT-BCT dated June 29, 2018 of the Minister of Industry and Trade regulating channeling in the process of granting Certificate of origin of preferential goods.

– Circular No. 22/2018 / TT-BCT dated August 21, 2018 of the Minister of Industry and Trade guiding the auction of pilot sugar import quotas for 2018.

– Circular No. 26/2018 / TT-BCT dated September 14, 2018 of the Minister of Industry and Trade amending and supplementing Appendix IV issued together with Circular No. 20/2014 / TT-BCT dated June 25, 2014 of the Ministry of Industry and Trade stipulating the implementation of rules of origin in the ASEAN-Korea Free Trade Area Agreement.

– Circular No. 27/2018 / TT-BCT dated September 19, 2018 of the Minister of Industry and Trade abolishing regulations on granting licenses for automatic import of motorbikes with a capacity of 175cm3 and above.

– Circular No. 30/2018 / TT-BCT dated October 1, 2018 of the Minister of Industry and Trade detailing a number of articles of Decree No. 107/2018 / ND-CP dated August 15, 2018 of the Government about rice export business.

– Circular No. 38/2018 / TT-BCT dated October 30, 2018 of the Minister of Industry and Trade stipulating the implementation of certificates of origin of goods under the universal tariff preferential regime of the European Union, Na- Uy, Switzerland and Turkey.

– Circular No. 39/2018 / TT-BCT dated October 30, 2018 of the Minister of Industry and Trade regulating the inspection and verification of goods origin.

– Circular No. 41/2018 / TT-BCT dated November 6, 2018 of the Minister of Industry and Trade stipulating the list of scrap temporarily suspended from temporary import, re-export and border-gate transfer

– Circular No. 42/2018 / TT-BCT dated November 12, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 31/2015 / TT-BCT dated September 24, 2015 of the Ministry Industry and Trade regulates the implementation of the Rules of Origin in the Agreement on Establishment of ASEAN – Australia – New Zealand Free Trade Area.

– Circular No. 44/2018 / TT-BCT dated November 15, 2018 of the Minister of Industry and Trade regulating the suspension of temporary import and re-export of logs and sawn timber from natural forests from Laos and Cambodia.

– Circular No. 51/2018 / TT-BCT dated December 19, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Joint Circular No. 47/2011 / TTLT-BCT-BTNMT dated December 30 in 2011 by the Minister of Industry and Trade and the Minister of Natural Resources and Environment regulating the management of import, export and temporary import – re-export of ozone layer depleting substances in accordance with the Montreal Protocol about ozone depleting substances.

– Circular No. 55/2018 / TT-BCT dated December 26, 2018 of the Minister of Industry and Trade regulating the import of raw tobacco according to the tariff rate of 2019.

– Circular No. 56/2018 / TT-BCT dated December 26, 2018 of the Minister of Industry and Trade guiding the implementation of a number of articles of the Border Trade Agreement between the Government of the Socialist Republic of Vietnam and Government of Lao People’s Democratic Republic.

– Circular No. 15/2018 / TT-BNNPTNT dated October 29, 2018 of the Minister of Agriculture and Rural Development issuing the Table of HS codes for the List of goods under the management of the Ministry of Agriculture and Rural development.

– Circular No. 43/2018 / TT-BNNPTNT dated December 28, 2018 of the Minister of Agriculture and Rural Development regulating a number of contents on export and import of plant varieties, animal breeds and gene sources Crops; importing plant protection drugs and importing objects in the list of plant quarantine objects subject to pest risk analysis before importing them into Vietnam.

– Circular No. 13/2018 / TT-BTTTT dated October 15, 2018 of the Minister of Information and Communications regulating the List of network information security products imported under the license and the order and procedures, Application for licensing for import of network information security products.

– Circular No. 22/2018 / TT-BTTTT dated December 28, 2018 of the Minister of Information and Communications promulgating the List of imported and exported goods in the field of printing and publishing.

– Circular No. 93/2018 / TT-BTC dated October 5, 2018 of the Minister of Finance amending and supplementing a number of articles of Circular No. 19/2014 / TT-BTC dated February 11, 2014 of the Ministry of Finance It is stipulated that the procedures for inspection of temporary import, re-export, destruction and transfer of motorbikes and motorbikes of subjects entitled to privileges and immunities in Vietnam.

– Circular No. 24/2018 / TT-BVHTTDL dated August 23, 2018 of the Minister of Culture, Sports and Tourism promulgating the List of export and import goods under the specialized management of culture The Ministry of Culture, Sports and Tourism shall determine commodity codes according to Vietnam’s List of Export and Import Goods.

– Circular No. 09/2018 / TT-BYT dated April 27, 2018 of the Minister of Health promulgating the list of insecticidal and germicidal chemicals and preparations for domestic and medical use in the field of management The Ministry of Health is allowed to identify goods codes according to Vietnam’s List of Export and Import Goods.

– Circular No. 39/2018 / TT-BTC dated April 20, 2018 of the Minister of Finance amending and supplementing a number of articles of Circular 38/2015 / TT-BTC regulating customs procedures and inspections , customs supervision, export and import taxes and tax administration for imported and exported goods.

– Circular No. 38/2018 / TT-BTC dated April 20, 2018 of the Minister of Finance regulating the determination of origin of export and import goods.

– Circular No. 06/2018 / TT-BYT of April 6, 2018 of the Minister of Health promulgating the List of medicines, drug materials used for human and cosmetics for export and import, determined with the goods code goods according to Vietnam’s List of Export and Import Goods.

– Circular No. 03/2018 / TT-BGTVT dated 10/01/2018 of the Minister of Transport regulating the quality of technical safety and environmental protection for imported cars subject to of Decree 116/2017 / ND-CP.

2. Some noteworthy points

In 2018, legal documents were issued with two main orientations: documents detailing the implementation of the Foreign Trade Management Law, effective from January 1, 2018, and guiding documents. adjusting the law enforcement and export and import of goods associated with the reality of international economic integration, management requirements and the spirit of administrative reform, facilitating the operation of enterprises.

Legal documents regulating border trading activities:

Decree 14/2018 / ND-CP dated January 23, 2018 and Circular No. 01/2018 / TT-BCT dated February 27, 2018 are documents guiding the implementation of the Law on Foreign Trade Management in the field of trade. border. Decree No. 14/2018 / ND-CP is a Decree that does not have administrative procedures and promotes decentralization to local authorities in managing border trade activities. In particular, eliminating the regulation that the provinces must consult the Ministry of Industry and Trade before announcing the time and import and export goods and adjusting the regulations in the direction of encouraging import and export and restricting imports. Circular No. 02/2018 / TT-BCT dated February 27, 2018 of the Minister of Industry and Trade guiding in detail the List of goods to be traded and traded by traders, border residents, management mechanism fees, professional management as well as coordination regulations in state administrative management of the Ministry of Industry and Trade and related ministries and local authorities. The clarification of regulations and management uniformity in border trade activities creates favorable conditions to promote the import and export of goods, entry and exit of people and means of transport through land border gates,, tourism development; while restricting smuggling forms.

Documents regulating administrative measures in managing import and export activities:

Decree No. 69/2018 / ND-CP was established as a legal document with important meaning. The Decree provides detailed guidelines on measures to prohibit import and export, suspend export, measures to restrict import and export (quotas, tariff quotas, appoint import-export traders); as well as management and license measures. Management measures are mentioned in detail with the item and the name of the ministry or competent authority is clearly stated. The composition of the dossier, the procedures and procedures for licensing of administrative procedures are clearly, simply, restricting the application forms, limiting the authentication requirements; reduce multiple records components, reduce the number of days for record checks for all administrative procedures; reducing licensing time for some administrative procedures …

Circular 12/2018 / TT-BCT guiding the implementation of a number of articles of the Foreign Trade Management Law and Decree No. 69/2018 / ND-CP of the Government dated May 15, 2018 detailing a number of articles of Foreign Trade Management Law. This Circular details the administrative procedures under the management of the Ministry of Industry and Trade in the field of import and export; including forms, report forms, forms and information about licensing agencies.

List of goods subject to specialized management:

Under the provisions of Decree No. 69/2018 / ND-CP, the ministries and branches base on assigning in the Decree to announce Lists of goods banned from export and import and List of import and export goods by paper permission, according to conditions. Following the provisions of the Decree, the Ministries issued Circulars on List of import and export goods under specialized management scope such as:

– Circular No. 15/2018 / TT-BNNPTNT dated October 29, 2018 of The Minister of Agriculture and Rural Development shall promulgate the Table of HS codes for the List of goods under the management of the Ministry of Agriculture and Rural Development;

– Circular No. 24/2018 / TT-BVHTTDL dated August 23, 2018 of the Minister of Culture, Sports and Tourism promulgating the List of export and import goods under the specialized management of culture of the Ministry Culture, Sports and Tourism identify goods codes according to Vietnam’s List of Export and Import Goods;

– Circular No. 13/2018 / TT-BTTTT dated October 15, 2018 of the Minister of Information and Communication regulating the List of network information security products imported under license and order, procedures and lakes certificate of licensing for import of network information security products;

– Circular No. 22/2018 / TT-BTTTT of December 28, 2018 of the Minister of Information and Communications promulgating the List of imported and exported goods in the field of printing and publishing publications;

– Circular No. 09/2018 / TT-BYT dated April 27, 2018 of the Minister of Health promulgating the list of insecticidal and germicidal chemicals and preparations for domestic and medical use in the field of management of The Ministry of Health is entitled to determine goods codes according to Vietnam’s List of export and import goods;

– Circular No. 06/2018 / TT-BYT of April 6, 2018 of the Minister of Health promulgating the List of medicines, medicine materials used for human and cosmetics export and import, identification of goods codes according to Vietnam’s List of Export and Import Goods.

The promulgation of the List with HS codes will create conditions for enterprises to carry out import and export procedures as well as to the Customs authorities in implementing.

Innovation in Customs supervision:

In 2018, the Ministry of Finance issued Circular No. 39/2018 / TT-BTC amending and supplementing a number of articles of Circular No. 38/2015 / TT-BTC dated March 25, 2015 on customs procedures. ; customs inspection and supervision; export and import tax, effective on June 5, 2018. Circular No. 39/2018 / ND-CP including 5 articles and 5 appendices with many new contents is built based on the research and application of trade facilitation measures, as well as to suit the changes of international trade practices while meeting Customs management requirements. This Circular prescribes a number of new points in the supervision and management of Customs. Firstly, the filing method will be an electronic file, so customs declarants do not need to submit paper documents and bring them to the customs office for filing. Additional declarations, cancellation of the declaration, etc. are done entirely through the system, unlike the current paper version. The above amendments are aimed at transparency, saving time and cost for both enterprises and state administrative agencies, limiting the contact time between businesses and customs officers.

In addition, in 2018, the ministries and management agencies continue to review and reduce and simplify the conditions of specialized management in accordance with the spirit of Directive No. 20 / CT-TTg dated July 13 of the year. 2018 on strengthening the reform of specialized inspection and reduction, simplifying business conditions and Directive No. 25 / CT-TTg on August 31, 2018 on a number of real estate development solutions export and promote exports.

Source: VIETNAM EXPORT IMPORT REPORT 2018 -MOIT

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