CIRCULAR guidelines decision No 91/2003/QD-TTg dated 09/05/2003 by the Prime Minister on the application of tariff quotas for imports in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 58/1998/ND-CP dated 31 July 1998 from the Government detailing the implementation of the law on commercial export activities import, processing and purchasing agents of foreign goods;
 
Pursuant to Decree No. 44/2001/ND-CP dated 10 August 2001 of the Government on the amendments and supplements to some articles of Decree No. 58/1998/ND-CP dated 31 July 1998 from the Government;
Pursuant to decision No. 46/2001/QD-TTg dated April 4, 2001 by the Prime Minister on the management of the export and import of goods the period 2001-2005;
Pursuant to decision No. 91/2003/QD-TTg dated 9 May 2003 by the Prime Minister on the application of tariff quotas for imports in Vietnam;
After exchanging ideas with the Ministry of finance, Ministry of industry, Ministry of agriculture and rural development, Ministry of Commerce guidelines decision No 91/2003/QD-TTg dated 9 May 2003 of the Prime as follows: i. GENERAL RULES: 1. the tariff quotas (HNTQ) imported goods is the amount of goods imported by the Trade Ministry to license for traders to enter export and import tax rates enjoyed in HNTQ according to the regulations of the Ministry of finance.
2. From 01/08/2003 HNTQ apply for 3 leaf tobacco goods, raw materials, salt and cotton under the code as follows: TT the goods code of goods in the tariff and import raw leaf tobacco 1 2401 2 5201, 5202 Cotton 2501 3 Salt, 5203 3. The amount of HNTQ apply to the above items in each period by the Ministry of Commerce announced in a separate text after the Exchange with the relevant ministries. Principle of determining the amount of HNTQ is based on the balance between the demand for raw materials and the production capacity in the country.
II. The OBJECT was ASSIGNED to TARIFF QUOTA ALLOCATION: Ministry of trade licensed import qualified traders for importing the goods in the tariff quota categories, as follows: 1. raw leaf tobacco: traders have the production license of cigarettes due to The industrial level and have need to use for the manufacture of cigarettes a certain percentage of tobacco imported raw materials conform with the rules of the importing plan every year by the Ministry of industry.
2. Salt: traders wishing to use salt production in accordance with the provisions of the professional manager.
3. Cotton: traders have business registration certificate with the appropriate industry needs imported cotton.
III. The MOLECULAR DELIVERY TARIFF QUOTAS: 1. Prior to September 30 of every year, traders wishing to import items on the posted sign HNTQ for the following year of Ministry of Commerce according to the form 2 attached to this circular.
2. HNTQ energy base by the Ministry of Commerce announced for each period and on the basis of the import results and balance the needs of HNTQ registration of traders, the Trade Ministry will review the import license under HNTQ for traders in the objects referred to in section II of this circular. The licensing of imports according to HNTQ was made in November of every year.
3. separate in 2003 as follows: a) leaf tobacco commodities, raw materials and salt: traders have been specialized Manager license or import plan in 2003 but has not yet made out of imported norms continue to be imported under license or import plan was delivered to 31/12/2003 and entitled import tariffs in the HNTQ for the most part only goal of this import.
The case of traders in need of additional or new application please quota for the last five months of 2003, then send the HNTQ application to the Ministry of trade to be considered imported under license HNTQ. Registered HNTQ units (according to form 1 attached to this circular) must be certified by The specialized management on the need to import production.
b) cotton items: traders have business registration certificate with appropriate industry and cotton imports have sent the registration form HNTQ for the last five months of 2003 of the Ministry of trade to be considered imported under license HNTQ.
IV. IMPLEMENTATION: 1. produce Traders importing goods under HNTQ of the Ministry of Commerce with the Customs gate when the import procedures and the amount of imported goods in the license are entitled to import tax rates in HNTQ.
2. The end of each quarter traders import situation reports to the Ministry of trade (in the form 3 attached to this circular).
Before 30 September each year traders have reported (instead of the quarterly report III) sent to the Ministry of Commerce reviews the ability to import all of that year, the proposal quota increase and decrease adjustments granted or report the amount of the goods do not have the ability to import to The commercial segment delivered to other traders.
3. Department of Commerce traders import licensing may be mandated for other traders to import under current rules. Prohibit the sale, transfer of tariff quotas.
4. qualified traders to import raw leaf tobacco, salt and cotton as specified in section II of this circular if the Department of Commerce's quota or maximum number entered in the quota still be imported according to the needs, not seek permission in The trade but must bear import tax rates in addition to HNTQ according to the regulations of the Ministry of finance.
5. qualified traders to import raw leaf tobacco, cotton, salt as specified in section II of this circular in need please add or new import quota obtained raw materials for export production, then send the HNTQ application to the Ministry of trade to be considered imported under license HNTQ. HNTQ application must be certified by the Department of management speciality (for salt and tobacco materials) on the need to import export production.
6. Traders in violation of the provisions of this circular depending the level of violation will be handled according to the current provisions of the law.
7. The circular and the form can be printed from the Department of Commerce's website at www.mot.gov.vn.
This circular has the effect after 15 days from the date The report./.