Thông tư 18/2014/TT-NHNN nhập khẩu hàng hoá thuộc diện quản lý chuyên ngành

THE VIETNAM STATE BANK

Circular No. 18/2014/TT-NHNN dated August 01, 2014 on guiding import of goods subject to the State Bank’s specialized management

Pursuant to the Law on State Bank No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Government’s Decree No. 156/2013/ND-CP dated November 11, 2013, defining the functions, tasks, powers and organizational structure of the State bank of Vietnam; 

Pursuant to the Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government regulating the implementation of Commerce Law on trading international goods and agencies’ activities as buying, selling, crafting and transiting goods with foreign countries (hereinafter referred to as the Decree No. 187/2013/ND-CP) ;

Pursuant to the Decision No. 41/2005/QD-TTg dated March 02, 2005 of the Government on promulgation of the Regulation on licensing goods import;

At the proposal of Director of the Issuance and Vault Department,

The Governor of the State Bank promulgates the Circular guiding import of goods subject to the State Bank’s specialized management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular promulgates the list of goods attached with HS code of goods subject to the State Bank’s specialized management (hereinafter referred to as the State Bank); guiding conditions, procedures for grant of import permits and conditions, procedures for designation of enterprises entitled to import such goods as stipulated under the Decree No. 187/2013/ND-CP.

Article 2. Subject of application

1. The Issuance and Vault Department, Department of Management, head office of the State Bank, State Bank branches in provinces and centrally run cities and enterprises of the State Bank.

2. Credit institutions, foreign bank’s branches, money-printing establishments

3. Agencies, organizations and traders related to import of goods subject to the State Bank’s specialized management.

Article 3. Modes of management

1. List of goods subject to the State Bank’s specialized management as stipulated under Appendix I promulgated together with this Circular.

2. The State Bank shall manage import of goods subject to the State Bank’s specialized management by one of the two following modes: granting import permits and designing enterprises entitled to import such goods.

Chapter II

PROVISIONS OF IMPORT OF GOODS SUBJECT TO THE STATE BANK’S SPECIALIZED MANAGEMENT

Section 1

PROVISIONS ON IMPORT OF GOODS BY MODE OF GRANT OF IMPORT PERMITS

Article 4. Imported goods

1. The State Bank shall manage by grant of import permits for vault doors.

2. Technical requirements of vault door: vault door must be in accordance with technical requirements of vault door regulated by the State Bank.

Article 5. Dossiers of application for import permits of vault doors

1. Forthe Issuance and Vault Department, Department of Management, head office of the State Bank, State Bank branches in provinces and centrally run cities and enterprises of the State Bank, the dossier includes:

a) An application for import permit of vault doors: 01 (one) original made according to the form under the Appendix II promulgated together with this Circular;

b)The State Bank Governor’s written approval of the equipping of imported vault doors: 01 (one) copy;

c) Technical document of vault door: 01 (one) copy and 01 (one) translation;

2. For credit institutions, foreign bank’s branches, money printing establishments (excluding money printing establishments being enterprises of the State Bank); Agencies, organizations and traders that have demand for import of vault door, the dossier includes:

a) An application for import permit of vault doors: 01 (one) original made according to the form under the Appendix II promulgated together with this Circular;

b)Establishment decision, investment certificate or business registration certificate, enterprise registration certificate: 01 (one) notarized copy;

c) Technical document of vault door: 01 (one) notarized copy and 01 (one) Vietnamese translation;

3. If cases as regulated under Clause 1, 2 of this Article authorize other agencies for import of vault door, besides papers as stipulated under Clause 1 and Clause 2 of this Article, they need to add the following documents:

a)Establishment decision, investment certificate or business registration certificate, enterprise registration certificate of authorized agency: 01 (one) notarized copy;

b) Authorized papers as stipulated by the law on authorization of purchase/sale of goods: 01 (one) original or 01 (one) copy certified by the authorizing agency;

Article 6. Procedures and time for dealing with the grant of import permits of vault doors

1. Agencies proposing the grant of import permit of vault door shall send dossier by post or submit directly at the State Bank ( the Issuance and Vault Department): 47-49 Ly Thai To street, Hoan Kiem District, Hanoi.

2. After 02 (two) working days since receipt of dossiers, the Issuance and Vault Department shall give opinions on supplementation of dossier if it is invalid.

Since receipt of valid dossier, the Issuance and Vault Department shall consider and present the State Bank Governor for decision of import permit.

3. No later than 07 (seven) days since receipt of valid dossier, the State Bank shall issue import permit of vault door (according to form under the Appendix III promulgated together with this Circular. If refusal, within the time above, the State Bank must reply in writing and clearly state the reasons.

Article 7. The validity duration of permits

A permit shall be valid within 06 (six) months since it is issued.

Section 2

REGULATIONS ON IMPORT OF GOODS BY MODE OF DESIGNATION OF ENTERPRISES ENTITLED TO IMPORT SUCH GOODS

Article 8. Imported goods

1. Goods as stipulated under Section 2,3,4,5,6,7,8 of Appendix I promulgated together with this Circular are goods that are managed by mode of designation of enterprises entitled to import such goods.

2.The State Bank shall design printing establishments being enterprises of the State Bank that import directly goods as stipulated under Clause 1 of this Article.

Article 9. Bases and procedures for import

1. Based on the annual plan for printing money, buying paper, ink for money printing and buying equipment approved by the State Bank Governor, printing establishments being enterprises of the State Bank shall organize import of goods for printing.

2. Money printing establishments shall send an application for receipt of imported goods attached with import dossier including the following papers: 01 (one) copy of contract, bill of lading, commercial invoice and packing list with the certification of printing establishment to the State Bank ( the Issuance and Vault Department).

Based on import dossier of money printing establishments, the Issuance and Vault Department shall consider and present the Governor for decision.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 10. Transitional Provisions

For import permits and papers accepting receipt of imported goods subject to the State Bank’s specialized management that are granted before the effective day of this Circular, it shall be implemented according to import permit and papers on receipt of imported goods of the State Bank.

Article 11. Responsibilities of the Issuance and Vault Department

1. Supervising, inspecting and managing the use of goods subject to the State Bank’s specialized management for proper purposes.

2. Implementing other responsibilities as stipulated under this Circular.

Article 12. Responsibilities of import unit or authorized unit for import (if any)

1. Importing goods in permitted quantities, of proper quality and categories, up to technical standards set by the State Bank, and in compliance with the State’s current regulations on import of goods.

2. Using imported goods for proper purposes.

3. Within three months after customs clearance, to report in writing to the State Bank (the Issue and Vault Department) on the use of imported goods.

Article 13. Effect

1. This Circular takes effect on September 15, 2014.

2. This Circular replaces the Circular No. 04/2006/TT-NHNN dated July 03, 2006 guiding the implementation of the Government’s Decree No. No. 12/2006/ND-CP of January 23, 2006 detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing ad transit with foreign parties, for goods subject to the State Bank’s specialized management.

Article 14. Implementation responsibility

The Chief of Office, Director of the Issuance and Vault Department, heads of units within the State Bank, directors of State Bank branches in provinces and centrally run cities, and Chairmen of Boards of Management and Chairmen of Boards of Members, Directors General (Directors) of money-printing establishments; Chairmen of Boards of Management and Chairmen of Boards of Members, Directors General (Directors) of credit institutions, foreign bank’s branches shall implement this Circular./.

For the Governor

Deputy Governor

Dao Minh Tu

*All appendices are not translated herein