Laws of Vietnam

To replace Item 2.3 of the Trade Ministry’s Circular No. 11/2001/TT-BTM of April 18, 2001 with the following Item 2.3:

"2.3.-For goods being supplies and raw materials mentioned in Appendix No. 02 issued together with this Circular, domestic enterprises, foreign-invested enterprises and parties to business cooperation contracts, that wish to import them for the production of export goods or for the performance of processing contracts with foreign traders, shall send their written requests to the Trade Ministry for consideration and settlement.

The enterprises’ written requests must clearly state the names and addresses of the importing or processing-ordering customers, the quantity of export products, the norms of supplies and raw materials for one product unit, the volume of supplies and raw materials to be imported. The enterprises’ directors shall take responsibility for the determination of norms of supplies and raw materials to be used for production.

Enclosed with the enterprises’ written requests are the originals and valid copies of raw material import contracts, product export contracts or contracts for production of export goods on orders of foreign countries (after considering and comparing, the Trade Ministry shall return the contract originals to the enterprises). Such a contract must include the following term: The contract shall be performed only when the Trade Ministry approves the import of supplies and raw materials mentioned in Appendix No. 02, issued together with Circular No. 11/2001/TT-BTM of April 18, 2001. In cases where the import dossiers are approved by the Trade Ministry, the enterprises must abide by the regulations on export and import management, as well as the contracts already approved by the Trade Ministry.

Within 5 working days after receiving such dossiers, the Trade Ministry shall have to reply the enterprises".

Other contents in the Trade Ministry’s Circular No. 11/2001/TT-BTM of April 18, 2001 and Circular No. 16/2001/TT-BTM of May 29, 2001 shall still apply.- (Summary)