The DECREE of the COUNCIL of MINISTERS No. 64, DATED 10 June 1989 ISSUED a REGULATION on ORGANIZATION and MANAGEMENT MODE of OPERATION IMPORT and EXPORT BUSINESS of the COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
A base resolution of the Council of Ministers on 15 March session in 1989;
To implement a concerted mode and governing import and export business;
According to the recommendation of the Minister of foreign economic relations, Decree: article 1. -Now attached to this decree a regulation about the regime and governing import and export trading activities.
Article 2. -Abolition of the provision in the text of the Council of Ministers has issued previously for the production, processing, export and import-export trading activities contrary to the terms of a stipulation.
Article 3. -A of this regulation be enforced from the date of signing. The Secretary of the Ministry, the Chairman of the State Committee, the heads of other bodies in the Council of Ministers and Chairman of the people's committees of provinces and cities, the district directly responsible to enforce this Decree.
The REGULATION on MODE and GOVERNING IMPORT and EXPORT OPERATIONS (attached to Decree No. 64-dated 10-6-1989 by the Council of Ministers) To promote import and export trading activities effective development; The Council of Ministers Regulation mode and governing import and export trading activities as follows: i. GENERAL RULES article 1. -Import and export trading activities are aimed at serving the economy in developed countries on the basis of exploiting and using effectively the potentials and strengths of available labor, land and other resources of the economy of our country, solve jobs for labor people , renovation of technical equipment and production technology, process driven process of Socialist industrialized country, meets the basic requirements and urgency about the production and life; at the same time contribute to guide the production, consumption and regulate supply and demand to stabilize the domestic market.
Article 2. -Import and export operations must be based on the development of the domestic production combined with the expansion of production and exchange of goods with foreign countries, participation in the International Labor Division under the State's foreign policy, on the principle of equality , the industry and do not infringe the sovereignty of another in order to constantly improve the efficiency of economic activities, politics, social relations of our country.
Article 3. -The State unified management of all import-export operations by the law and the relevant policies, create favorable conditions for the import and export business organizations operating in the right direction, effectively.
Article 4. -Import and export trading activities are conducted according to the principles of business accounting, ensuring the Socialist autonomy and responsibility in business of all the economic organizations participated in import-export business as financial autonomy, self payback in Vietnam and in foreign currency , responsible for results and effective business, complete the good contributions to the State.
Article 5. -The scope of this regulation covers the areas and objects, import and export business of the following: 1. In the field of import-export business.
a the goods under export-import) the form of the exchange of goods, production cooperation and international outsourcing.
b) export and import the entire device, equipment, supplies, spare parts for production.
c) re-export, re-entering, transshipped.
d) services such as agent, import-export mandate for foreign economic organizations.
e) operations of the Vietnam economic organization abroad.
The import and export of goods turnover between the minor province of our country's border with the neighboring countries have separate rules.
2. On the subject of import and export business.
Export-import business objects said in this Regulation include the production, processing, export processing, import and export services organization and the Organization of export-import business in professional management.
II. mode of BUSINESS MANAGEMENT, IMPORT and EXPORT article 6. -The State encourages all economic sectors to promote the production, processing and export by the policies established in decision No. 217-dated 14-11-1987. Decree No. 50-dated 22-3-1988; Decree No. 27-dated 9 March 1988; Decree No. 28-dated 9 March 1988 of the Council of Ministers in particular: 1. the State encourages the enterprises producing industrial production export processing. The enterprises have exported products or no export products but are imported are guaranteed the rights and fulfill the obligations under the policy and the import-export mechanism of the State.
The enterprises producing export goods processing of planned or under orders of the State was the State specifies the organizations business supplies and organize import and export materials under technical and economic norms to buy products according to the contract, entitled economic incentive mode for the exported goods.
2. The private company business or cooperative export-processing production be import-export organization selected by the State to mandate product export, import of materials according to the conditions agreed in the contract. In this case, have the right to participate in negotiations with domestic and foreign customers; sold products, buy supplies of goods under a contract with the organisation of the State import-export; was voluntarily joined the venture organization, export manufacturing link in the correct economic contracts or regulations of institutions, links; are joint ventures with Vietnamese or foreigners to produce or export processing investment law.
3. The production, processing and export in individual economy of private business, be selected, imported by the State to mandate product export, import of materials according to the conditions agreed in the contract the economy, and in this case, have the right to participate in negotiations with domestic and foreign customers , sell products, buy supplies of goods under a contract with the organisation of the State import-export; export processing with import and export organization of the State; was voluntarily joined the venture organisation, linking production for export; are capital with public sector into Vietnam party to a joint venture with Vietnamese or foreigners to produce export goods under the investment law.
The right to directly export, import of the production unit in the economic component is defined in article 19 and article 20 of this regulation.
Article 7.-State regulation and public disclosure of specific policies in the import-export business for each market, each area. The Ministry of foreign economic relations guide the base business export import done strictly the policies on the market.
Article 8.-the structure of export, import each year must be appropriated to the building plan and the plan developed national economies, based on the requirements of the world market and the ability of the US.
Every year, the State announced the list of prohibited goods and prohibited. The Ministry of foreign economic relations guide the base business export import done right the policy on items.

Article 9.-The delivery targets, to implement the Protocol, the economic contract signed at the Government level or between economic organizations of the two countries sponsored by the Government is the target of the Ordinance.
Annual or 6 months, foreign economic Ministry announced the list of items under quota management need; Regulation of export and import quotas for the item according to the principle of promoting and protecting domestic production, enhance economic efficiency in import-export relations with important items; browser export quotas and import the goods for import and export business establishments within the scope of the quota of each item. The basis of the import-export business would like to export, the import quota was exceeded, must be foreign economic Ministry license.
With respect to the surface of goods not administered according to the quota, import-export business was done according to plans registered in the Ministry of foreign economic relations, does not limit the number or value.
Article 10.-for the whole equipment and retails equipment for specialized production facilities are facilities that are right to stand out (or may be mandated for organizing import-export business) negotiate, sign contracts to import.
Article 11.
a) from now on, the economic organization of the industry, the local export to central to implementation of the Protocol signed with foreign countries will be paid back in Vietnam according to the principle of reasonable costs enough to offset interest and satisfactorily for each type of export products.
The organizations will use the money to buy back the Vietnam goods supplies equipment needed for production needs for export and import, export business.
Every year, the State Planning Commission and the Ministry of finance is responsible for the balance enough money to Vietnam's export in the Protocol and supplies the goods needed to sell the units of production, processing and export according to the Protocol. The purchase price of exports under the Protocol is really the price agreement between the companies, import-export business with the export production facilities; the payment is guaranteed, timely. If the payment is too defined period then the production base and the import-export business organization will be charged a deposit interest rate under the loan interest rate of the Bank on the whole amount of capital and duration of slow payment.
b) for the export of the goods in addition to the Protocol or to the socialist countries, the business organizations are solely responsible for the payment made and the contract with the relevant organizations of foreign countries.
c) since 1 January 1989, abolition of the currency exchange, conducted the sale of foreign currency according to the exchange rate of the business. The Ministry of Finance Ministry economic relations the State specific instructions to purchase foreign currency under the mechanism will say the following with regard to the currency account that exporting units obtained from January 1, 1989 to present.
Business organizations, importers are obliged to sell to the State according to the value of a currency rate obtained has discriminating with respect to each sector; part exchange remains in the ownership of the business organization of the export, import, sent the whole into the Bank for foreign trade or import-export Bank of Vietnam and enjoy interest rates in foreign currency; be drawn for use in rendering, open sources and improving the quality of export goods, or sale to the Bank or other economic organizations on the principles of the agreement under the provisions of the Charter the foreign exchange management.
The Ministry of foreign economic relations, Ministry of finance, the State Bank has responsibility for guiding and regulating foreign currency selling rate for the appropriate State obligations with each of the airline industry. The number of foreign currency sold this obligation only be moved after the ownership of the business organization, import and export have been paying in money Vietnam.
Article 12.-The organization of export-import business can borrow foreign capital to invest in expanding production and export processing. These organizations want to be banks or other economic organization to guarantee economic technical report, calculations of economic efficiency and clear conditions for mortgage loans in foreign currencies. The Bank or other economic organizations have the right to not guarantee if found not to be effective.
Article 13.-The organization of import-export business has the right to decide the purchase price, import-export sales price on the basis of the calculation according to business performance management mode and policy reviews by the State.
Foreign economic Ministry and the competent authorities have the responsibility to manage the market, overcome debate buying, sales, raising the purchase price of exported goods.
The Ministry of foreign economic relations, the Union, the Association of export, import, market pricing guidance to achieve the export price and the import price benefit, non-interference in the right to decide the price of the import-export business.
Article 14.-The import-export business organization must make the commitment to quality and delivery conditions of import-export goods under government agreements we have participated and the contracts that organizations that import-export business has signed with the outside.
To check the quality of imported goods due to either side of the shippers and customers take responsibility through contract (business organization, imported is right to check the quality or other quality control organization as a service).
The State Agency has the quality control functions has the right to revoke the licence on self check export for export business organization, imported is self test without proper authority. Foreign economic Ministry has the right to revoke the licence, import-export business for the manufacturing and import/export trading correct does not guarantee the quality of imported goods has been committed to our customers.
About the delivery, import-export, business organizations, import-export option most beneficial method, have the right to own or direct mandate for carriers, forwarding organizations in the country as well as abroad about logistics.
Article 15.-About quarantine, animal (animal life), was appointed State Organization has the right to implement quarantine measures and certification for imported goods.
For export goods, by the shippers and customers self responsible through a contract between the two parties, in accordance with international law. If the client request, quarantine organizations of our country as a service for customers.
Article 16.-the case of foreign bonus was the result of completing the Protocol a number of items, then extract 30% of foreign currency was filed on the budget; 70% part of the remaining prize money, the facilities concerned are used to expand the production of export service. If being a foreign punishment that causes is by organizing import-export business, the base must cover the fine.
Article 17.-export and import goods under the Protocol does not have to have a permit for export, import and export of each shipment.
Export and import of goods in addition to the Protocol must have an export permit, import each shipment by the Secretary, the Chairman of the provincial people's Committee, the city, the district directly responsible, may authorize the person signing on behalf of his license.
With regard to the export list according to Protocol, the export permit only outside shipments by Protocol or each contract on the basis of commitment to ensure complete signed obligations in the Protocol.

Article 18.-all kinds of goods for export and import shipping across the border to Vietnam made the Customs and the inspection of the Customs gate.
Customs gate organization is responsible for expedited procedures, must compensate for damages if due to defects of the customs.
III. ORGANIZATION of the import-export BUSINESS article 19.-The organization of import-export business of the State, the production base, export processing in State economic sectors have full legal personality, make independent economic accounting, has a team of professional officers the export business direct rights to import, export, and import.
The production base, export processing in the collective economic components, the investment business, investment business and individuals are encouraged to produce, export-processing; is choose the Organization of import-export enterprises to export sales mandate under the price agreement; or be granted import-export license directly at each regular or Charter flights if there are enough of these conditions according to the regulations of the Ministry of foreign economic relations. The production base, export processing in the economic sectors is also considering granting travel permits, prospecting, market research, exhibits, etc. on the basis of self cover the expenses.
Article 20. -Organizing associations, import-export Association to gather these specialized business units or General country or on the same area (including the production, processing, export and import business, service organizations and scientific institutions involved directly in the economic sectors) in order to help each other in the production business , import, market management, cost management, import and export. Members join the voluntary principles, elected the Board and run according to democratic principles, publicity, equality, mutual benefit.
The Ministry of foreign economic relations is responsible for coordinating with the relevant building regulations form federations, associations, import-export business, guiding the establishment and licensing of recognized organizations.
Article 21. -Any production facilities, processing and export import-export business is entitled to choose any one organization, import export trading professional to the mandate, imported goods in accordance with its request, not required to be mandated through import-export organization specializes in business sectors or organizations to export local import if it deems not sure to be economically efficient, authoritarianism or troubling. The cost of mandated not too 1% of the value of the goods exported by price delivered on the train (FOB) and entered by money order plus (+) (+) charges (CIF).
Article 22-The organization of production and business are allowed to export and import directly have the obligation to implement the planned orders or ordinances of the State of export, import, complete engagement with foreign countries; the full implementation of the obligations of State, Executive policies seriously, mode and State law on import-export business.
The economic organization has the right to:-the choice of the form of business with foreign countries, the conclusion and implementation of contracts on the principle of ensuring efficient business, policy and the law of the State.
-Through forms of joint ventures and economic cooperation (including with enterprise) to import-export business with production and materials used, the goods imported by its capital, to invest in production, export supplies.
-Implementation of purchase method, sold in the country in accordance with the rules of the domestic business, the regulation of market management and price.
-Received the mandated import export, according to the list of items allowed to import-export business.
-If requested and cover all costs shall be allowed to go sightseeing, surveys, market research, exhibits, etc. overseas.
Article 23. -The organization of production and business are allowed to export and import directly must be registered, stating the purpose, requirements, content, operations, capital and shares, sales, Charter organization to the Ministry of foreign economic review and licensing of import-export business.
The company, the total import-export companies are currently doing business need to do a full review of the procedures required under the guidance of the Ministry of foreign economic relations to The review, active license: IV. STATE MANAGEMENT ORGANIZATION for ACTIVE import-export BUSINESS article 24.-all activities are import-export business must submit the State's unity under the party's policy on foreign economic activity, planning and zoning laws of the State, had just secured promotion to the centralized management of the Council of Ministers Medium assurance, promoting the dynamism of the local branches, and the autonomy of the economic organizations aimed at improving the efficiency of economic relations, protect the interests of the country, in accordance with the laws of our country and international practices.
Article 25. -Export and import, the Ministry of economic relations has the task of governance as follows:-in cooperation with the State Planning Commission and the related fields of research the Council of Minister decision strategies, programs, objectives, planning and export plans, serve the socio-economic goals of the country.
-Study the Council of Ministers issued the policies, mechanisms and management of import-export activities, issued under authority assigned the mode, rules, in order to materialize and the implementation of policies, legislation, management has been granted authority to enact.
-Have the right to inspect, examine the implementation of the policy, planning, law and management mechanism of export-import.
-Guide to business export, import, organization of economic information about the market, prices relating to import-export operations.
-Review of export quotas, import of goods under the plan (except non trade); at the same time is responsible for managing the quotas regime and import-export license.
-Review and licensing of import-export business for the Vietnam economic organization is eligible to be a direct import-export rights often or ever.
-Review and allow foreign economic organizations to send representatives or set up offices in Vietnam.
-Planning and building standards, training organizations and fostering management and import-export business for the industry, local and business organizations.
-Organization check, inspection of import-export activities, dealing with the violation of the regulations of the State of export, import, including buying and selling operations in foreign markets.
-Coordinate with ministries, departments have state management functionality to manage the State import-export activities and the President of the Council of Ministers to resolve the issue is related to many of the industry or outside the jurisdiction of the Ministry of foreign economic relations.
-Report on the import-export activities.
Article 26. -The Council of Ministers through the Ministry of foreign economic relations to implement state management for business operations, import/export on nationwide.
In the suit, depending on the specific situation which formed a division dedicated to the foreign economic activity to do staff help Minister to manage the activities of cooperation with foreign investment and import-export activities.

In the city, province, area, depending on the specific situation which has Department of foreign economic relations (or foreign) is located in the people's committees, with compact, lightweight payrolls, including the officer has the power to help people's Committee Chairman performs governance activities for export Import on the territory according to the hierarchy of the State.
The Organization of production, sales, import and export are subject to inspection and control by the State management system about export, import. The Department or foreign economic Committee says is not on the superior governing body of the Organization of the import-export business, the level of State administration was not interfering in business activities, the import of that organization.
V. Article 27 ENFORCEMENT TERMS. -This regulation be enforced from the date of signing, repealed the previous provisions contrary to this regulation. The Ministry of foreign economic relations, State Planning Commission, Ministry of finance, the State Bank and other State agencies, depending on the functions and tasks, have the responsibility to explain and guide the terms in this regulation.
Article 28. -Minister of foreign economic relations, heads of ministries, State committees, other bodies in the Council of Ministers, the President of the people's committees of provinces and cities, the district directly responsible for the implementation of this regulation.