FEDERAL INFORMATION

Regulation of import management, exports and entry-reexporting substances that deduce the cell floor-don

by the regulation of the Montreal Protocol on the substances that deduce the ozone layer

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The 1985 Vienna Convention on the Protection of the Ostrum and the Montreal Protocol of 1987 on the substances that deduce the cell floor and the amendments, the addition of the Montreal Protocol were approved by the State of the Socialist Republic of Vietnam;

Base of Decree Stain. 189 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, authority and organizational structure of the Ministry of Commerce;

Base of Protocol 44 /2011/NĐ-CP June 14, 2011 by the Government amended, the addition of article 3 Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government on the stipulation of functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 25 /2008/ND-CP March 4, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Natural Resources and Environment;

Base. Number Protocol 19 /2010/ND-CP March 05, 2010 The Government amended the points c, d, g, h and i paragraph 5. 2 Protocol 25 /2008/ND-CP March 4, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Natural Resources and Environment;

Base. Number Protocol 89 /2010/ND-CP 16 August 2010 of the Government amended That 3 Protocol. number 25 /2008/ND-CP March 4, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Natural Resources and Environment;

Base of Protocol 12 /2006/NĐ-CP 23 January 2006 of the Government regulates the implementation of the Commercial Law on International Procurement Of Goods and Trade, sales, macho and transit activities with foreign countries;

Base Decision Base 41/2005/QĐ-TTg March 2, 2005, of the Prime Minister, the Government of the Government of the Government of the Government of the Government of the Government of the United States of Government

The Minister of Trade and Minister of Natural Resources and Environment regulates the management of imports, exports and advance-reexporting substances that reduce the ozone layer by regulation of the Montreal Protocol on the substances that deduce the cell floor as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range, subject

1. This information regulates the sequence, the procedure of importing, entering-re-entry, registration, validation of registration for import operations, exporting substances that degrade the cell floor-based on the Montreal Protocol on substances that degrade the cell floor-don (in Information) It's called Protocol.

2. This information applies to merchants engaged in imported, export and temporary activities-reexporting substances that reduce the cell floor and organizations, individuals involved.

3. The substances that deduce the ozone layer that are managed by this message are:

a) The hydrochlorofluoroocarbons (in the LCCs) belong to the Appendix I of this Information.

b) Polyol is available HCFC-141b (HCFC-141b Pre-blended polyol).

What? 2. The principle of import and export management principles-reexporting substances that deduce the cell floor-don

1. The merchant is only allowed to import, export and break-in-reexport substances that depress the cell floor-don with the member states of the Protocol. The Ministry of Natural Resources and Environment has the responsibility to inform and update the list of member countries of the Protocol on the website of the Ministry of Natural Resources and Environment.

2. The HCFCs of Annex I issued with this Notice are managed by the import quotas on the course of the exclusion of these substances due to the regulatory Protocol and under bilateral agreements on providing financial support to the exclusion of HCFC substances. between Vietnam and the multimodal Fund that execs the Protocol.

3. Management of import, export and entry-reexport of HCFCs of Annex I and import of the HCFC-141b-based polyol in accordance with the following principle:

a) Import traders, exporting substances that reduce the cell floor-to register with the Ministry of Natural Resources and Environment and validated by the Ministry of Natural Resources and Environment. The Ministry of Natural Resources and Environment confirmed the volume of registration of HCFC substances for base traders on the import quota of HCFC substances specified in Article 3 and the average import volume rate of the three (03) year of the trader before the year. Import trader.

b) The importation of HCFCs of Annex I is carried out under the Ministry of Commerce ' s import license on the basis of the validation registration of the Ministry of Natural Resources and Environment.

c) The re-entry-reexporting of HCFCs of Annex I is carried out under the license of the Ministry of Industry.

d) The importation of polyol mixed with HCFC-141b and export of HCFCs of Appendix I was made on the basis of the registered trader of the Ministry of Natural Resources and Environment.

Chapter II

IMPORT AND IMPORT QUOTA

THE PROCEDURE OF IMPORTING HCFCs

What? 3. Limit the import of HCFC

1. The Ministry of Industry granted the import of HCFCs of Appendix I of this Notice under the obligation to exclude Vietnam. The annual import quota starts from 1 January 2012 to 31 December 2019 for each HCFC group as follows:

Unit: Attack

Substance/Year	2012	2013	2014	2015	2016	2017	2018	2019
HCFC-141b	500	300	150	0	0	0	0	0
Other HCFCs	3.700	3.400	3.700	3.600	3.600	3.600	3.600	3.600

2. The quota of import of HCFCs of Annex I for each year from 2016 to 2019 will be cut in response to the substances that traders use those substances that complete the production conversion process to the replacement substances due to the Multimodal Fund. The implementation of the Protocol provides the financing, the technology for the transition. Prior to 31 November, the Ministry of Natural Resources and Environment sent a written notice to the Ministry of Commerce on the amount of HCFC substances that had been excluded in practice in Vietnam. Prior to 31 January of the following year, the Ministry of Public Works announced a quota reduction in the import of HCFCs of appendix I on the basis of notification of the Ministry of Natural Resources and Environment.

3. The quota of import of HCFCs of Annex I to the following year 2019 will be updated by the Ministry of Commerce and the Ministry of Natural Resources and Environment as a result of the exclusion of HCCs in Vietnam and by decision of the Member States of Protocol.

4. The import quota of HCFCs of Annex I is not allowed to transfer and only be made imported into Vietnam during the year of licensing.

5. merchants import HCFCs of Annex I under quotas but then export (direct or export of export) and have the next import need to be considered the additional quota that does not exceed the exported amount.

What? 4. Procedulant import of HCFC

1. The procedure to confirm registration of HCFC substances at the Ministry of Natural Resources and Environment

a) The merchant sent a (01) set of registration records import of HCFCs of Annex I by mail route to the Ministry of Natural Resources and Environment, records include:

-Subscriptions for import of HCFC substances: three (03) primary (prescribed in Appendix II).

-A business registration certificate or investment certificate or business license: one (01) a copy of the confirmed copy of the trader.

For the prescribed cases at paragraph 5, Article 3 is in addition to the above evidence, the trader sends the sales bill and the certified export commodity customs publication completed the customs procedure of the export trader (copy that has confirmed and closed the sale). the main medical copy of the trader) to the Ministry of Natural Resources and the Environment to be confirmed to be imported.

b) In the time of seven (07) days of work since the date of receiving adequate records, the validity of the trader, the Ministry of Natural Resources and the Environment confirmed imports to three (03) applications importing the HCFC substances in which two (02) the imported application is sent to the merchant. According to the postal service. Validation by the Ministry of Natural Resources and Environment includes the content: export water, substance name, chemical name, chemical formula, number of Ashrae (for cold lips), volume, and code HS.

The case refused to confirm the import, the Ministry of Natural Resources and the Environment responded by writing to the merchant who knew and stated the reason for the duration of the seven (07) days of work since the date of receiving the profile of the trader.

2. Procedulant licensing of HCFC substances at the Ministry of Commerce

a) The merchant sent a (01) set of records offering a license to import the HCFCs of Annex I by mail to the Ministry of Commerce, records include:

-The application for import of HCFC substances has been confirmed by the Ministry of Natural Resources and Environment: one (01).

-Contract of import: one (01) copy of the confirmation and stamp of the main medical copy of the trader.

-A business registration certificate or investment certificate or business license: one (01) a copy of the confirmed copy of the trader.

b) In the time of seven (07) days of work since the date of receiving the full record, the validity of the trader, the Ministry of Commerce issued a license to import to the trader according to the prescribed pattern at Annex III of this Information and send an import permit to the trader. the post office.

The case refused to issue an import permit, the Ministry of Industry responded by writing to the merchant who knew and stated the reasons for the duration of the seven (07) days of work since the date of receiving the profile of the trader.

3. The trader file submitted to the Customs agency as the procedure of importing HCFC substances

The trader at the procedure of importing the HCFCs of Annex I submitted to the Customs agency the following papers:

a) A (01) a license to import by the Ministry of Commerce according to the prescribed pattern at Annex III of this Information;

b) Other papers under the law of customs law.

Chapter III

PROCEDURE OF IMPORTING POLYOL AVAILABLE HCFC-141B, EXPORT AND TEMPORARY-REEXPORTING HCFC SUBSTANCES

What? 5. The procedure of importing polyol is available HCFC-141b

1. The procedure of confirming registration of polyol imports is available HCFC-141b at the Ministry of Natural Resources and Environment

a) The merchant sent a (01) case set of three (03) primary copies of the registration of polyol imported HCFC-141b in accordance with the prescribed pattern IV Annex IV by Post Office to the Ministry of Natural Resources and Environment.

b) In the time of seven (07) days of work since the date of receiving full records, the validity of the trader, the Ministry of Natural Resources and Environment confirmed on three (03) the application of importing polyol available HCFC-141b in which two (02) were sent to traders by road. Post office. The validation of the Ministry of Natural Resources and Environment includes the content: export water, volume, and code HS.

The case refused to confirm the import, the Ministry of Natural Resources and the Environment responded by writing to the merchant who knew and stated the reason for the duration of the seven (07) days of work since the date of receiving the profile of the trader.

2. The trader file submitted to the Customs agency as the procedure of importing polyols mixed with HCFC-141b

The merchant as the procedure of importing polyol is available to HCFC-141b for the Customs Service of the following papers:

a) A (01) the application of the import registration of the validated trader of the Ministry of Natural Resources and Environment in accordance with the prescribed pattern at Annex IV of this Information;

b) Other papers under the law of customs law.

What? 6. Procedulant export of HCFC

1. The procedure to confirm registration of export of HCFC at the Ministry of Natural Resources and Environment

a) The merchant sent a (01) case set of three (03) primary copies of the export of HCFCs of Annex I under the prescribed pattern at Annex V of this Smart by way of the post to the Ministry of Natural Resources and Environment.

b) In the time of seven (07) days of work since the date of receiving the full record, the validity of the trader, the Ministry of Natural Resources and Environment confirmed on 3 (03) the application of exporting the HCFC substances in which two (2) is sent to the trader according to post-mail. Validation by the Ministry of Natural Resources and Environment includes the content: import water, substance name, chemical name, chemical formula, number of Ashrae (for cold lips), volume, and code HS.

The case refused to confirm the export, the Ministry of Natural Resources and the Environment responded by writing to the merchant who knew and stated the reasons for the duration of the seven (07) days of work since the date of the recipient's record.

2. The trader file submitted to the Customs agency as the procedure of exporting HCFC substances

The trader at the procedure of exporting the HCFCs of Annex I submitted to the Customs agency the following papers:

a) A (01) the application itself registers the export of HCFC substances of the validated trader of the Ministry of Natural Resources and Environment in the prescribed form at Annex V of this Information;

b) Other papers under the law of customs law.

What? 7. Procedulant-re-export of HCFC

1. The procedure of granting an advance-re-export of HCFCs at the Ministry of Industry

a) The merchant sent a (01) set of records recommended for the advance-re-export of HCFCs of Annex I by mail to the Ministry of Commerce, records include:

-The application to grant the advance-re-export HCFCs of Annex I under the prescribed form at Annex VI of this Information.

-A business registration certificate or investment certificate or business license: one (01) a copy of the confirmed copy of the trader.

-Contract purchase contract and sales contract: Each type 1 (01) has a confirmed copy and seal the main medical copy of the trader.

b) During the time of seven (07) days of work since the date of receiving full records, the validity of the trader, the Ministry of Commerce grants the trader.

In the case of rejection, the Ministry of Industry responded by writing to the merchant who knew and stated the reason for the duration of the seven (07) days of work since the date of the recipient's record.

2. The trader file submitted to the customs agency as the temporary procedure of temporary reentry-reexporting HCFC substances

The trader as a temporary procedure-reexporting the HCFCs of Annex I to the Customs Service of the following papers:

a) A (01) a self-entry license-reexporting of HCFCs due to the Ministry of Commerce.

b) Other papers under the law of customs law.

Chapter IV

THE ORGANIZATION.

What? 8. Report Mode

Traders perform the situation report mode of import, export, and temporary-re-export of HCFC, importing polyyol available HCFC-141b in accordance with the prescribed form at Appendix VII of this Information on the Ministry of Commerce and the Ministry of Natural Resources and Environment. as follows:

1. In accordance with the quarterly report on imports, advance-re-export of HCFC substances under imported, temporary-re-export licenses was sent before the next quarter of the next quarter by the Ministry of Commerce.

2. Report by year (with a copy of the customs affidavit) on the situation of implementation of import, advance-re-export of HCFCs under license issued by the Ministry of Industry; importing polyols mixed HCFC-141b, exporting HCFC substances according to the Ministry ' s confirmation. Resources and the Environment were sent before 31 January.

In the case of necessity, the trader reports in accordance with the Ministry of Commerce and the Ministry of Natural Resources and the Ministry of Natural Resources and Environment on content related to import, export, and temporary-re-export of HCFCs, importing polyyols that are available in HCFC-141b.

What? 9. Effect of execution

1. This information is in effect of enforcement from 1 January 2012 and replaces the Digital Federal Information. 14 /2005/TTLT-BTM-BTNMT July 11, 2005 of the Ministry of Commerce and the Ministry of Natural Resources and Natural Resources and Environmental Protection Management Environment, exports and advance-reexporting substances that deduce the cell floor-on the regulation of the Montreal Protocol on substances that deduce the ozone layer.

2. In the course of this practice, if unentanged, traders, organizations or individuals are associated with written text of the Ministry of Commerce and the Ministry of Natural Resources and Environment for consideration and guidance.