CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 12/2006/ND-CP OF JANUARY 23, 2006, DETAILING THE IMPLEMENTATION OF THE COMMERCIAL LAW REGARDING INTERNATIONAL GOODS SALE AND PURCHASE AND GOODS SALE, PURCHASE, PROCESSING AND TRANSIT AGENCY ACTIVITIES WITH FOREIGN COUNTRIES

Pursuant to the Government's Decree No. 86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;

The Ministry of Agriculture and Rural Development (MARD) hereby guides the import and export of goods subject to the specialized management by the agriculture service as follows:

Chapter I

GENERAL PROVISIONS

1. This Circular applies to the import and export of goods subject to the specialized management by the agriculture service, including:

a/ Export of timber and timber products from domestic natural forests; firewood and charcoal from timber or firewood originating from domestic natural forests;

b/ Import and export of endangered, precious and rare wild animals and plants;

c/ Import and export of plant varieties;

d/ Import and export of livestock breeds;

e/ Import of veterinary drugs and materials for the production thereof, vaccines, bio-preparations, microorganisms and chemicals for veterinary use;

f/ Import of plant protection drugs, materials for the production thereof, and living organisms in the plant protection domain;

g/ Import of feeds and materials for the production thereof;

h/ Import of fertilizers and fertilizer preparations;

i/ Import and export of gene sources of cultivation plants, domestic animals and microorganisms for scientific and technical research and exchange.

2. For imported goods subject to animal and animal product quarantine, the provisions of Decision No. 45/2005/QD-BNN of July 25, 2005, promulgating the list of animal and animal product-quarantine objects and list of animals and animal products subject to quarantine and Decision No. 15/2006/QD-BNN of March 8, 2006, on the order and procedures for the quarantine of animals and animal products and veterinary hygiene inspection shall apply before customs clearance.

3. For imported goods on the list of plant quarantine objects, the provisions of Decision No. 72/2005/QD-BNN of November 14, 2005, promulgating Vietnam's list of objects subject to plant quarantine, Decision No. 73/2005/QD-BNN of November 14, 2005, promulgating Vietnams list of plant quarantine objects, and Decision No. 16/2004/QD/BNN of April 20, 2006, on the procedures for inspection of plant quarantine objects and compilation of plant quarantine dossiers shall apply before customs clearance.

4. Where there exists no animal or plant quarantine agency at the border-gate, goods shall be cleared from customs procedures under the registration and post-inspection mechanism, specifically as follows:

Quarantine agencies may conduct quarantine simultaneously with customs inspection of goods or after the completion of customs procedures at a time and place determined in quarantine registration papers.

5. The inspection of the quality of plant protection drugs and materials for the production thereof shall be carried out in the form of registration and post-customs clearance inspection.

6. Lists of goods subject to the specialized management by the agriculture service in decisions mentioned in this Circular shall be applied until the application of HS codes is completed.

7. When promulgating new lists or amending or supplementing lists of goods subject to the specialized management by the agriculture services stated in this Circular, departments assigned by the MARD to perform the specialized management shall have to notify customs offices and relevant agencies thereof.

8. Traders shall bear responsibility before law for the accuracy of their declarations upon importation or exportation and comply with the State's current regulations on goods quality standards.

Chapter II

SPECIFIC PROVISIONS

1. Export of timber and timber products, firewood and charcoal from timber or firewood originating from domestic natural forests

1.1. Timber and timber products from domestic natural forests banned from export include:

a/ Log timber of all kinds;

b/ Sawed timber of all kinds;

c/ Products from endangered, precious and rare timber of group IA, specified in the Government's Decree No. 32/2006/ND-CP of March 30, 2006, on the management of endangered, precious and rare forest animals and plants; and products from timber specified in Appendix I to the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES).

1.2. Timber products exported under certain conditions or permits

a/ Products from endangered, precious and rare timber of group IIA, specified in the Government's Decree No. 32/2006/ND-CP of March 30, 2006, on the management of endangered, precious and rare forest animals and plants, may only be exported in the forms of fine-art woodworks or high-class woodworks. Traders shall make declarations at the border-gate customs offices upon exportation.

Fine-art woodworks are finished timber products, which are produced by hand, by machine or by hand in combination with machine, finished by carving, embossing, engraving, inlaying or turning, and decorated by lacquering, gold plating or gloss painting.

High-class woodworks are finished timber products, which are produced by hand, by machine or by hand in combination with machine and have their surface polished or painted.

b/ For products from timber specified in Appendices II and III to CITES, when being exported, CITES permits granted by the CITES Management Authority in Vietnam (hereinafter referred to as the Vietnam-based CITES office) shall be required.

1.3. Firewood and charcoal from timber or firewood originating from domestic forest timbers may be exported in the following cases:

a/ Firewood and charcoal from fully-extracted timber or branchlets, specified in the Regulation on the exploitation of timber and other forest products, issued together with the MARD's Decision No. 40/2005/QD-BNN of July 7, 2005;

b/ Firewood and charcoal from fully-extracted timber or branchlets during the process of exploiting natural forests in the areas prepared for the construction of key national projects such as hydroelectric plants' reservoirs, high-voltage power grids, traffic roads, industrial parks, etc. according to the provisions of the Land Law and the Law on Forest Protection and Development;

c/ Firewood and charcoal from fully-extracted timber in natural forests hit by natural disasters such as storm, flood, fire, etc.

When exporting the aforesaid products, the written certification of local provincial/municipal Agriculture and Rural Development Services shall be required. Such a certificate shall indicate the quantity of goods permitted for export, the name of the exporter, and the validity term of the certificate, and be submitted to border-gate customs offices when carrying out export procedures.

2. Import and export of endangered, precious and rare wild animals and plants (except timber and timber products specified in Section 1)

2.1. The export of the following endangered, precious and rare wild animals and plants for commercial purposes shall be banned:

a/ Endangered, precious and rare forest animals of groups IB and IIB, forest plants of group IA, specified in the Government's Decree No. 32/2006/ND-CP of March 30, 2006, on the management of endangered, precious and rare forest animals and plants;

b/ Wild animals and plants specified in Appendix I to the CITES;

c/ Wild animals being natural enemies of rats as prescribed in the Prime Minister's Directive No. 9/1998/CT-TTg of February 18, 1998, and the MARD's Decision No. 140/2000/QD-BNN-KL of December 21, 2000, promulgating the list of several wild animals being natural enemies of rats;

d/ Aloes wood (acquilaria crassna Pierre) essence and sarsi essence according to the MARD's Decision No. 45/1999/QD-BNN-KL of March 2, 1999.

2.2. Endangered, precious and rare wild animals and plants may be exported if fully meeting the following conditions:

a/ The export of endangered, precious and rare wild animals and plants specified in Clause 2.1, for non-commercial purposes (for diplomatic purposes, scientific research or exchange between zoological gardens or botanical gardens, exhibition, circuit performance, and return of specimen between CITES Management Authorities in various countries) must be permitted in writing by the Vietnam-based CITES Office.

b/ The following endangered, precious and rare wild animals and plants shall be permitted for export:

- Endangered, precious and rare wild animals and plants originating from breeding, rearing or artificial propagation.

- Natural forest plants of group IIA, specified in the Government's Decree No. 32/2006/ND-CP on the management of endangered, precious and rare forest plants and animals.

- Wild animals and plants from natural forests, specified in Appendices II and III to the CITES but not stated in the Government's Decree No. 32/2006/ND-CP on the management of endangered, precious and rare plants and animals.

The export of wild animals and plants (except for timber products specified at Point a, Clause 1.2, Section 1) must be permitted in writing by the Vietnam-based CITES Office.

2.3. The import of wild animals and plants specified in Appendices of the CITES must be permitted in writing by the Vietnam-based CITES Office.

3. Import and export of plant varieties

3.1. Export of plant varieties:

a/ Precious and rare plant varieties on the list of precious and rare plant varieties banned from export, promulgated by the MARD in Decision No. 69/2004/QD-BNN of December 3, 2004, shall be banned from export;

b/ When importing other plant varieties outside the aforesaid list, traders shall only have to carry out procedures at the border-gate customs offices.

3.2. Import of plant varieties:

a/ When importing plant varieties on the list of plant varieties permitted for production and trading and on the list of forest plant varieties permitted for production and trading, promulgated by the MARD in Decision No. 74/2004/QD-BNN of December 16, 2004, and Decision No. 14/2005/QD-BNN of March 15, 2005, traders shall only have to carry out procedures at the border-gate customs offices.

b/ The import of plant varieties outside the aforesaid lists for research, assay, trial production or other special purposes must be permitted in writing by the MARD's Cultivation Department (for agricultural plant varieties) or the Forestry Department (for forest plant varieties). Basing itself on the assay or trial production results, the MARD shall recognize new plant varieties and add them to the list of plant varieties permitted for production and trading.

4. Import and export of livestock breeds

4.1. Export of livestock breeds:

a/ Precious and rare livestock breeds on the list of precious and rare livestock breeds banned from export in the MARD's Decision No. 78/2004/QD-BNN of December 31, 2004, shall be banned from export;

b/ When exporting other livestock breeds outside the aforesaid list, traders shall only have to carry out procedures at the border-gate customs offices and produce animal quarantine certificates, if so requested by the countries of importation or goods owners.

4.2. Import of livestock breeds:

a/ When importing livestock breeds on the list of livestock breeds permitted for production and trading, promulgated by the MARD in Decision No. 67/2005/QD-BNN of October 31, 2005, traders shall only have to carry out procedures at the border-gate customs offices.

b/ For livestock breeds outside the aforesaid list, assay permits granted by the MARD's Husbandry Department shall be required. Basing itself on the assay results, the MARD shall add these breeds to the list of livestock breeds permitted for production and trading.

c/ The import of cattle embryos and sperm, cattle sperm- and egg-preparing solutions, and bred poultry eggs must be permitted in writing by the MARD's Husbandry Department.

5. Import of veterinary drugs and materials for the production thereof, vaccines, bio-preparations, microorganisms and chemicals for veterinary use

5.1. When importing veterinary drugs and materials for the production thereof, bio-preparations and chemicals for veterinary use specified in Decision No. 05/2006/QD-BNN of January 12, 2006, promulgating the list of veterinary drugs and materials for the production thereof, and Decision No. 04/2006/QD-BNN of January 12, 2006, promulgating the list of vaccines, bio-preparations, microorganisms, and chemicals for veterinary use permitted for circulation in Vietnam, traders shall only have to carry out procedures at the border-gate customs offices. Particularly for vaccines and microorganisms specified in Decision No. 04/2006/QD-BNN, permission of the MARD's Veterinary Department shall be required.

5.2. When importing veterinary drugs and materials for production thereof, vaccines, bio-preparations, microorganisms and chemicals for veterinary use outside the aforesaid lists, traders must obtain certification of the MARD's Veterinary Department on the orders of imported goods.

5.3. Import of veterinary drugs and vaccines in case of epidemics:

When epidemics occur, the import of veterinary drugs and vaccines on the list of veterinary drugs and vaccines permitted for circulation in Vietnam shall be decided by the Minister of Agriculture and Rural Development.

6. Import of plant protection drugs, materials for the production thereof and living organisms in the domain of plant protection

6.1. Traders shall only have to carry out procedures at border-gate customs offices when importing plant protection drugs on the list of plant protection drugs permitted for use in Vietnam, promulgated in the MARD's Decision No. 22/2005/QD-BNN of April 22, 2005, on the list of plant protection drugs permitted for use, restricted from use or banned from use in Vietnam, Decision No. 41/2005/QD-BNN of July 13, 2005, on the exceptional registration of some plant protection drugs to the list of plant protection drugs permitted for use in Vietnam, Decision No. 78/2005/QD-BNN of November 30, 2005, on official registration, additional registration and exceptional registration of some plant protection drugs to the list of protection drugs permitted for use in Vietnam, and Decision No. 25/2006/QD-BNN of April 10, 2006, on the exceptional registration of some plant protection drugs to the list of plant protection drugs permitted for use in Vietnam, and materials for the production thereof.

6.2. When importing plant protection drugs on the list of plant protection drugs restricted from use in Vietnam, promulgated by the MARD in Decision No. 22/2005/QD-BNN of April 22, 2005, and materials for the production thereof, permits granted by the MARD's Plant Protection Department shall be required.

6.3. When importing plant protection drugs outside the list of plant protection drugs permitted for use in Vietnam and materials for the production thereof, the MARD's permits, granted by the Plant Protection Department, shall be required.

6.4. Plant protection drugs on the list of plant protection drugs banned from use in Vietnam, promulgated by the MARD in Decision No. 22/2005/QD-BNN of April 22, 2005, and materials for the production thereof shall be banned from import.

6.5. For living organisms in the plant protection domain which are imported for the first time for assay, the MARD's permits, granted by the Plant Protection Department, shall be required.

6.6. Traders importing finished plant protection drugs outside the list of plant protection drugs permitted for use and materials for the production thereof for processing and packing in Vietnam for re-export under contracts signed with foreign parties must obtain import permits of the MARD's Plant Protection Department and the re-export thereof shall be inspected by competent state agencies.

7. Import of feeds and materials for the production thereof

7.1. When importing products on the list of feeds and materials for the production thereof permitted for import into Vietnam, promulgated under the MARD's Decision No. 01/2006/QD-BNN of January 6, 2006, traders shall only have to carry out procedures at the border-gate customs offices.

7.2. When importing feeds outside the aforesaid list, assay permits, granted by the MARD's Husbandry Department shall be required. Basing itself on the assay results, the MARD shall add such feeds to the list of feeds permitted for import into Vietnam. For materials for the production of feeds which are imported into Vietnam for the first time, certificates of analysis (C/A), granted by the MARD's Husbandry Department, shall be required.

8. Import of fertilizers

8.1. When importing fertilizers on the lists of fertilizers permitted for production, trading and use in Vietnam, promulgated in the MARD's Decision No. 40/2004/QD-BNN of August 19, 2004, and Decision No. 77/2005/QD-BNN of November 23, 2005, traders shall only have to carry out procedures at the border-gate customs offices.

8.2. When importing fertilizers outside the aforesaid lists for research or assay or in other special cases, permits granted by the MARD's Cultivation Department shall be required. Basing self on the assay results, the MARD shall recognize new fertilizers and add them to the list of fertilizers permitted for production, trading and use in Vietnam.

9. Import and export of gene sources of cultivation plants, domestic animals and micro-organisms in service of scientific and technical research and exchange

The import and export of all objects being gene sources of cultivation plants, domestic animals and microorganisms in service of scientific and technical research and exchange must be permitted by the MARD.

Chapter III

IMPLEMENTATION PROVISIONS

1. Specialized management agencies assigned by the MARD to receive and process dossiers and grant import, export and assay permits are located at the following addresses:

a/ The Forestry Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): For cases specified in Section 1 (except for Clause 1.2-b), Chapter II.

b/ The Forest Ranger Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): For cases specified in Clause 1.2-b, Section 1, and Section 2, Chapter II.

c/ The Cultivation Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): For cases specified in Sections 3, 8 and 9, Chapter II.

d/ The Husbandry Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): For cases specified in Sections 4 and 7, Chapter II.

e/ The Veterinary Department (No. 15, Lane 78, Giai Phong road, Phuong Mai ward, Dong Da district, Hanoi city): For cases specified in Section 5, Chapter II.

f/ The Plant Protection Department (No. 149 Ho Dac Di street, Dong Da district, Hanoi city): For cases specified in Section 6, Chapter II.

2. Dossier form: Dossiers shall be made according to forms set by the MARD's specialized management bodies.

3. The time limit for processing dossiers: The dossier-receiving agencies defined in Section 1, this Chapter, shall have to give their written replies within seven working days after receiving valid dossiers.

4. Implementation effect

This Circular shall replace the MARD's Circular No. 62/2001/TT-BNN of June 5, 2001, guiding the import and export of goods subject to the specialized management by the agriculture service under the Prime Minister's Decision No. 46/2001/QD-TTg of April 4, 2001, on the management of goods import and export in the 2001-2005 period and Circular No. 72/2001/TT-BNN of July 9, 2001, amending and supplementing a number of points of Circular No. 62/2001/TT-BNN.

This Circular shall take effect 15 days after its publication in "CONG BAO."

Any problems arising in the course of implementation should be reported promptly by traders and concerned agencies to the MARD for consideration and settlement.