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The Decision 974/bngt-Vp: Issued A Regulation On The Procedure Please And Licensed Export, Import Of Goods

Original Language Title: Quyết định 974/BNgT-VP: Ban hành bản Quy định về thủ tục xin và cấp giấy phép xuất khẩu, nhập khẩu hàng hoá

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The DECISION of the MINISTRY of FOREIGN TRADE of 974/BNGT-VP, on 2 October 1982, ISSUED a REGULATION on the PROCEDURE PLEASE and LICENSED export, IMPORT of GOODS the MINISTER of FOREIGN TRADE organization pursuant to the law the Council of Ministers on 4 July 1981;
Pursuant to Decree No. 231-CP 21-6-1979 of Council regulation government mandates, powers and organization of the Ministry of foreign trade;
Pursuant to Decree No. 3-CP on 27-2-1960 's Government Council issued a Charter of customs;
Pursuant to Decree No. 200-CP on 26-5-1981 of the Council of government regulation of some specific points about policies and measures aimed at developing the production of export goods.
DECIDES article 1.-present the attached decision rules about licensing, export and import of goods.
Article 2.-the provisions take effect from the date issued and replaced the circular No. 146-BNgT/HQ/PC on 1-10-1965; number 5310-BNgT/NK on 20-11-1976. The writing credentials, licensing of import and export goods, and the writing of foreign trade Ministry issued contrary to a regulation are repealed.
Article 3.-the Chief, Chief of customs, the Director of the service concerned of the Ministry, the Director of the Corporation, import export company is responsible for the implementation of this decision.
 
 
A REGULATION on the PROCEDURE PLEASE and LICENSING the EXPORT and IMPORT of goods (attached to decision No 974-BNgT/VP on 2-10-1982 of the Ministry of foreign trade).
To strengthen the management of the export and import of goods on the principle of the State monopoly of foreign trade and other economic relations with foreign countries.
The Ministry of foreign trade regulations for licensing the export and import of goods, as follows.
 
I. GENERAL PROVISIONS article 1.-All the export and import of goods in the Socialist Republic Vietnam must have a permit to export or import.
Article 2.-the only authority competent to grant the license to export or import of goods is the Ministry of foreign trade.
Article 3.-the goods stated in article 1 includes the goods the export, import, samples, exhibits, advertising, temporary export goods, imported temporarily, goods transit transport ... including the cultural products and patents invented nature of goods, imports by source foreign currency debt , aid and other types of non-trade goods.
Article 4.-the object to be granted a license to import and export, import of goods are: 1. The Corporation, import-export companies (including the units directly by the Ministry of foreign trade management).
2. import and export companies in the province, the city established by the provisions of Decree No. 200-CP on 26-5-1981 of the Council of Government.
3. The economic and social organisations and individuals that import, export goods.
Article 5.-the application for a permit to export or import goods are made in 4 copies (1 a save at the Ministry of foreign trade, a post for the Bureau of customs to monitor the enforcement and 2 a level for import-export company to do the procedure with the Customs gate) includes the following main contents : 1. The name and address of the company or company please export, import: 2. name and address of the customer (the buyer if the seller; export if imported goods).
3. The goods please export and import (including the name of the item, quantity, weight, reducing the price) 4. The 5 delivery terms. 6. payment conditions Foreign currency used to pay 7. The time limit for delivery 8. The gate please export, import.
Article 6.-application for permit to export or import goods must keep sufficient content on here not erasing, by the Director or Deputy Director of the Unit indicates the registration name and stamp of the unit.
Article 7.-To create favorable conditions for the province's import-export company and city in Central far in getting permission to export or import goods, foreign trade Ministry will grant export licenses, import of 6 months.
Application for export permit, import each 6 month period must specify the name of the item, quantity and expected import-export market.
Based on the import-export license for six months, before each export shipment, import, import-export company in the city, do the procedure with import and export permit by the Ministry of foreign trade established in the gate.
Export licence, import each trip to be issued within 3 days from the date of the application for a permit to export or import.
 
II. PLEASE ORDER and LICENSING article 8.-the order please and licensed the export of the goods for trade with socialist countries defined as follows: – the Corporation or company to submit import/export permit the export or import of goods under the provisions of article 5 and article 6 , accompanied by the export-import contracts.
-In the case of an application for an export permit, import of goods or in the case of export and import contracts are not consistent with the agreement, the Protocol and the country's international treaties signed with the socialist countries, the foreign trade departments shall notify the Corporation or company importing and exporting within 7 days from the date of the application for export permits import.
Export licence, import of goods (including the entire device) with the socialist countries granted under each contract, worth until contracts expire and for the gate stated in the contract.
-Export and import licenses are the foreign trade Ministry issued within 7 days from the date of the application for a permit to export or import.
Article 9.-Please order and export licensing, import goods trade with socialist countries defined as follows:-all of the export and import of goods with the Socialist foreign must match the export plan, enter the password of the unit and unit Administration.
Application for export permit, import with socialist countries are in accordance with the provisions of Articles 5 and 6 and must conform to the contract and registration in the Ministry of foreign trade.
-Export licence, import of goods with socialist countries (both) are issued for each shipment and only exports, imports at the gate and within the time limit stated in the license.
-Export licence, import of goods each day trip with socialist countries are issued within 3 days from the date of the application for a permit to export or import.
 
III. LICENSE ENFORCEMENT PROTOCOL article 10.-When do export and import procedure to each shipment, the Corporation or the export-import company shall produce to the Customs gate level by the Ministry of foreign trade licenses, import-export companies in the province, the city has been The foreign trade import and export permit each period of 6 months to present to the Customs gate each flight license by license of import and export in the gate level, accompanied by declarations for export and import. (Declarations must match the license, according to the model defined by the Customs Bureau).
The Customs gate only made export procedures, import the goods stated in the license and the Declaration.
Article 11.-in the case of export and import goods not consistent with license (about items, quantities, weight etc ...) the Customs gate, not the procedure for export, import and must immediately report to the Director of the Bureau of customs by the fastest means. The Bureau of customs are responsible for resolving within 3 days from receipt of the report of the Customs gate. If not competent enough resolved, Director of the Bureau of customs to report within a period of 3 days it comes on with the Ministry of foreign trade.

Article 12.-all of the export and import of goods without license and any violations of the export license mode, imports are dealt with according to the laws of customs and state laws.
Article 13.-Customs Bureau has duty to guide, monitor and check the enforcement of the export license mode, import of goods within the country.
 
 
IV. Article 14 ENFORCEMENT TERMS.-for samples, exhibits, advertising, temporary export goods, temporary importation, transit and transport goods Africa trade, the Ministry of foreign trade of the authorization for the Director General of customs license.
Every month, the Bureau of customs to report to the Ministry of foreign trade and the situation of import-export license types.
Article 15.-The circular No. 12-September 25, 1959-11-BNgT of the Ministry of foreign trade, export-import procedures of regulation exhibition, circular No. 16-this 19-12 LB-1959 of the Ministry of foreign trade and finance regulated the procedure of import and export cargo samples and advertising items, circular No. 206-BNgT/HQ on 28-12-1962 by the Ministry of foreign trade regulation procedures for the transit transport of goods still have value.
Article 16.-the Chief, Chief of customs, the Director of the service concerned of the Ministry, the Director of the Corporation, import export company is responsible for the implementation of a regulation.