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Circular 14/2004/ttlt-Btm-Btnmt: A Guide To Managing The Import, Export, Temporary Import-Re-Export Of Substances Degrade Wat Luang 25.4-Floor Under The Provisions Of The Montreal Protocol About The Substances Do Su ...

Original Language Title: Thông tư liên tịch 14/2005/TTLT-BTM-BTNMT: Hướng dẫn quản lý nhập khẩu, xuất khẩu, tạm nhập - tái xuất các chất làm suy giảm tầng ô-dôn theo quy định của Nghị định thư Montreal về các chất làm su...

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CIRCULAR Guide and manage import, export, temporary import-re-export of substances degrade WAT Luang 25.4-floor under the provisions of the Montreal Protocol on substances that Deplete the cell floor-WAT Luang 25.4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance number 07/1998/PL-UBTVQH10 on August 20, 1998 by the Standing Committee of the National Assembly on conclusion and implementation of international treaties;
Convention Membership base in 1985 on the protection of the floor-WAT Luang 25.4 and the 1987 Montreal Protocol on substances that Deplete the cell floor WAT Luang 25.4 and the additional amendments of the Montreal Protocol has been the State of the Socialist Republic of Vietnam ratified the join;
Pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Ministry of Commerce;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to decision No. 46/2001/QD-TTg dated 4 April 2001 of the Prime Minister on the management of the export and import of goods the period 2001-2005;
Pursuant to decision No. 41/2005/QD-TTg dated March 2, 2005 by the Prime Minister issued the regulation on licensing of import of goods;
Make the direction of the Prime Minister in writing the number 286/TTg on KTTH-22 March 2005 on managing import stage substances degrade the cell floor-WAT Luang 25.4 and refrigeration using CFC contact President, Ministry of Commerce and Ministry of natural resources and the environment guide the management of the import, export temporary import-re-export, substances that degrade the cell floor-WAT Luang 25.4 under the provisions of the Montreal Protocol on substances that Deplete the cell floor-WAT Luang 25.4 as follows: i. SCOPE and PRINCIPLES of MANAGEMENT of import, export, TEMPORARY IMPORT-RE-EXPORT of SUBSTANCES DEGRADE WAT LUANG 25.4 box FLOOR 1. This circular instruction sequence, import licensing procedures, the registration confirmation for the activity of importing, exporting, temporary import-re-export of substances degrade the cell floor WAT Luang 24.3 in the Montreal Protocol on substances that Deplete the cell floor-WAT Luang 25.4 (hereinafter referred to as the Protocol), applicable to all enterprises engaged in one of the above mentioned activities in Vietnam territory.
2. Substances that degrade the cell floor-managed WAT Luang 25.4 herewith is the substance mentioned in annex 1 of this circular (the substance in Annex A, B the Protocol that Vietnam had to import quota and licensing under the obligation to eliminate progressively until 2010) and the substances referred to in annex 2 of this circular (the substances in Annex C Vietnam Protocol temporarily not import licenses until 2015).
3. The management of the import, export, temporary import-re-export of substances degrade the cell floor-WAT Luang 25.4 follow the following principles: a) the business of importing, exporting, temporary import-re-export of substances degrade the cell floor-WAT Luang 25.4 must register with the Ministry of natural resources and environment and the Ministry of natural resources and the environment of registered validation;
b) the import of the substances in annex 1 follow the import license of the Ministry of Commerce;
c) the import of the substances in annex 1 of the form and the substance in annex 2; the temporary export import-re-export of substances in annex 1 and annex 2 at the Customs on the basis of the register of enterprises certified registered by the Ministry of natural resources and the environment.
II. The QUOTA of IMPORTS of SUBSTANCES in ANNEX 1 1. Ministry of trade quotas on the import of substances in annex 1 of this circular in the sense the gradual exclusion of the Vietnam service until 2010 due to the Protocol rules. The total import quota each year until 2010 for each group of substances as follows: the group name of the substance Of the 2005 quota (tonnes) Total 2006 quota (tonnes) Of the 2007 quota (tonnes) of the total quota in 2008 (tonnes) Of the 2009 quota (tonnes) Of the 2010 quota (tonnes) of CFC Halon 240 200 75 40 10 0 0 1.8 1.8 1.8 1.8 1.8 CTC 0.19 0.19 0.19 0.19 0.19 0 2. The substances in annex 1 are not being counted in the quota when in the form of recycling, temporary export, import-re-export.
3. the import quota of substances in annex 1 of this circular are granted only to businesses already have active import of the substance for 3 years before the date of this circular effect.
4. The import business of substances according to quotas but then exported (directly or entrust the export), if there is evidence from proven and import demand continues, it will be granted additional quota cannot exceed the amount exported.
5. The quota of imports of substances in annex 1 are not allowed to transfer. The substance was quotas must be imported into Vietnam on 31 December of the previous year. After this date, the import amount will be charged to next year's quota.
III. REGISTRATION And LICENSING Of Import, Export, TEMPORARY IMPORT-RE-EXPORT Of SUBSTANCES DEGRADE WAT LUANG 25.4-FLOOR 1. The registration procedure for import, export, temporary import-re-export of substances degrade the cell floor-WAT Luang 24.3 at the Ministry of natural resources and environment a) enterprises registered imports of substances in annex 1 send the records of the Ministry of natural resources and the environment, including:-03 registration of imports according to the model in annex 3 to this circular;
-A copy of business registration certificate has a matching trades;
-A copy of the certificate of registration code, import and export business by the Customs Bureau of the province or city level;
-At least one copy of the Declaration to customs import procedures was one of the substances in annex 1 in the three-year period before the day this circular effect for enterprises registered imports of substances in annex 1.
The copy by the Director of the business and be responsible for the content of confirmation.
b) enterprises registered imports of the substance in annex 2 and Appendix 1 of the form, export; temporary import-re-export of substances in annex 1 and annex 2 send the records of the Ministry of natural resources and the environment, including:-03 registration according to the model in annex 4 of this circular;
-A copy of business registration certificate has a matching trades;
-A copy of the certificate of registration code, import and export business by the Customs Bureau of the province or city level;
-Documents that are recycled substances with respect to substances in annex 1 the form of recycling.
The copy by the Director of the business and be responsible for the content of confirmation.
c) Ministry of natural resources and the environment after receiving the registration records of the enterprise, within a period of three (3) working days, the responsibility to confirm on a register and send the business 2, 01.
2. The procedure for licensing the import of substances in annex 1 in The trade.
a) importer of substances in annex 1 send registration of imports has been the Ministry of natural resources and the environment validation according to the model in annex 3 to this circular to the Ministry of Commerce to make the licensing procedure.
b) Ministry of Commerce after receiving the registration of the enterprise, within a period of five (5) working days, the licensed importer responsible for the enterprise according to the model in annex 5 of this circular.
3. The profile import, export, temporary import-re-export to present to customs authorities.
a) profile import of substances in annex 1 (except in the form of recycling):-import license issued by the Ministry of Commerce;
-Other documents according customs regulations.
b) import profile of substances in annex 1 the form of recycling, the substances in annex 2; Export records, temporary import-re-export of substances in annex 1 and annex 2:-registration of the enterprises has been the Ministry of natural resources and the environment validation according to the model in annex 4 of this circular;

-Other documents according customs regulations.
IV. EFFECTIVE 1 of this circular effect after 15 days from the date The report.
2. During the implementation process, if there are obstacles and suggest the business reflected on the Ministry of Commerce and Ministry of natural resources and environment to consider resolution./.