Thông tư 14/2011/TT-BTTTT hướng dẫn Nghị định 12/2006/NĐ-CP đối với hàng hoá thuộc diện quản lý ngành của Bộ Thông tin và Truyền thông do Bộ trưởng Bộ Thông tin và Truyền thông ban hành

CIRCULAR

DETAILING THE GOVERNMENT'S DECREE NO. 12/2006/ ND-CP OF JANUARY 23,2006, REGARDING GOODS SUBJECT TO SPECIALIZED MANAGEMENT BY THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Pursuant to December 4, 2009 Law No. 41/2009/QH12 on Telecommunications;

Pursuant to December 4. 2009 Law No. 42/2009/QH12 on Radio Frequency;

Pursuant to June 28, 2010 Law No. 49/2010/QH12 on Post;

Pursuant to the Government s Decree No.25/201I/ND-CP of April 26, 2011, detailing and guiding a number of articles of the Law on Telecommunications;

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

Pursuant to the Prime Minister's Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the director of the Department for Information and Communication Technology Quality Management,

STIPULATES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular promulgates the list of goods according to their HS headings, and stipulates conditions and procedures for the grant of import licenses for goods subject to specialized management by the Ministry of Information and Communications.

2. This Circular applies to organizations and individuals that import goods specified in Article 2 of this Circular (below referred to as importers).

Article 2. Goods in need of import license

1. Postage stamps, stamp publications and postage stamp items (below referred to as postage stamps) detailed in Appendix I to this Circular and other than those specified in Article 6 of this Circular;

2. Radio transmitters and radio transmitter-receivers with a frequency band of between 9 KHz and 400 GHz and a capacity of 60 mW or more, specified in Appendix II to this Circular;

3. Radar apparatuses, radio aid apparatuses and radio remote-control apparatuses specified in Appendix II to this Circular;

Goods specified in Clauses 2 and 3 of this Article (below collectively referred to as radio transmitters and radio transmitter-receivers) are complete apparatuses, excluding components or parts thereof and merely radio receivers.

The temporary import for re-export of the above goods for use in Vietnam complies with guidance of the Ministry of Industry and Trade after reaching agreement with the Ministry of Information and Communications. The temporary import for re-export as transit or border-gate transfer complies with guidance of the Ministry of Industry and Trade.

Other goods subject to specialized management by the Ministry of Information and Communications neither banned from import nor specified in Appendices I and II to this Circular may be imported without Ministry of Information and Communications licenses but must comply with current regulations on regulation conformity certification and announcement.

Goods subject to specialized management by the Ministry of Information and Communications may be exported without export license. The export of domestically manufactured or assembled post, telecommunications and information technology goods is encouraged.

Article 3. Cases exempt from import license

For goods specified in Article 2 of this Circular, import licenses of the Ministry of Information and Communications are not required in the following cases:

1. Goods for security and defense purposes, which comply with Clause 6, Article 10 of the Government's Decree No. 12/2006/ND-CP

2. Postage stamps of member states of the Universal Postal Union imported in accordance with the Convention of the Universal Postal Union; postage stamps of all kinds imported each time with a total quantity of under 500 and other than those specified in Article 6 of this Circular; and Vietnamese postage stamps printed overseas under decisions of the Ministry of Information and Communications.

3. Radio transmitters and radio receiver- transmitters of diplomatic missions, foreign consular offices, representative offices of international organizations in Vietnam and high-ranking foreign delegates visiting Vietnam which are entitled to diplomatic privileges and immunities; and of foreign reporters conducting short-term press activities in Vietnam (who possess press licenses granted by the Ministry of Foreign Affairs).

For the goods specified in Clause 3, they do not need import licenses but must have radio frequency use licenses granted by the Authority of Radio Frequency Management before use.

4. Radio transmitters and radio receiver-transmitters imported or temporarily imported for re-export for use as measurement samples for regulation conformity certification with a quantity as required by such measurement under relevant technical regulations.

Article 4. Validity of import licenses

1. Postage stamp import licenses are valid once within one year from the date of signing and may not be extended.

2. Radio transmitter and radio receiver-transmitter import licenses may be used once or more than once for the import of goods lots indicated in the licenses and are valid until such goods lots are completely cleared from customs procedures with a quantity not exceeding that specified in the licenses and within the validity duration o( regulation conformity certificates.

Radio transmitter and radio receiver-transmitter import licenses may not substitute telecommunications network-establishing licenses or radio frequency use licenses.

Article 5. Fees for grant or re-grant of import licenses

Importers shall pay fees for the grant or re-grant of import licenses under the Finance Ministry's regulations.

Chapter II

PROCEDURES FOR GRANT OF IMPORT LICENSES

Section 1: FOR POSTAGE STAMPS

Article 6. Import conditions To be imported, postage stamps must not:

1. Be counterfeit;

2. Have contents, images, symbols or signs which provoke or sow hatred among nations, ethnic groups or religions; oppose the Socialist Republic of Vietnam State; or run counter to Vietnamese social morality and fine national traditions and customs;

3. Be Vietnamese postage stamps for which withdrawal decisions have been issued by competent state agencies;

4. Be foreign postage stamps with inappropriate contents and origins as notified by postal offices of member states of the Universal Postal Union and philately societies.

Article 7. Procedures for grant of import licenses

1. A dossier of application for an import license shall be made in one (1) original set, comprising:

a/ An application for import license, made according to form No. 01 provided in Appendix III to this Circular (not printed herein);

b/ A copy of the applying organization's business registration certificate or investment certificate in Vietnam, stamped and certified by the organization, or of the applying individual's identity card or passport;

c/ Specimens or copies of postage stamps to be imported.

2. Dossier-receiving address:

Dossiers of application for import licenses may be sent by post to or submitted directly at:

The Ministry of Information and Communications (the Post Department)

18 Nguyen Du street, Hanoi

Telephone: 0438226625; Fax 04 38226954

3. Order and procedures for grant of postage stamp import licenses:

a/ Applicants for postage stamp import licenses shall directly submit or send by post dossiers to the Ministry of Information and Communications and take responsibility for the accuracy and truthfulness of the dossiers;

b/ Postage stamp import licenses shall be granted within 7 working days after the receipt of the dossiers satisfying the conditions specified in Clause 1 of this Article;

c/ The Ministry of Information and Communications shall send dossier receipts to email addresses of applicants within 3 working days after receiving the dossiers;

d/ In case a dossier fails to satisfy the conditions specified in Clause 1 of this Article, within 3 working days after receiving it, the Ministry of Information and Communications shall notify to-be-modified contents. Within 5 working days after receiving the notice, the applicant shall make modifications as required. If the applicant fails to make modifications, the Ministry of Information and Communications shall issue a notice of refusal to grant a postage stamp import license within 5 working days after the expiration of the notification time limit;

e/ In case of refusal to grant a license, within the time limit specified at Point b. Clause 2 of this Article, the Ministry of Information and Communications shall issue a written notice clearly stating the reason.

Article 8. Re-grant of import licenses

1. importers shall apply for re-grant of import licenses in case their licenses are lost, damaged or have contents modified.

2. Procedures for re-grant of import licenses:

a/ An application for re-grant of import license, made according lo form No. 03 in Appendix ITI to this Circular, enclosed with copies of documents relevant to modified contents of the license (if any);

b/ The address for receiving applications is the same as specified in Clause 2. Article 7 of this Circular:

c/ Time limit for re-grant of licenses: Within 3 working days after receiving the applications, the licensing agency shall issue copies (in case licenses are lost or damaged) or re-grant licenses (in case licenses have contents modified) to importers.

Section 2: FOR RADIO TRANSMITTERS AND RADIO TRANSMITTER-RECEIVERS

Article 9. Import conditions

To be imported, radio transmitters and radio transmitter-receivers must satisfy the following conditions:

1. Being compatible with Vietnamese telecommunications technologies and networks and standards and technical regulations on radiation quality, radiation safety and electromagnetic compatibility safety of radio transmitters and radio transmitter-receivers, promulgated or publicized by the Ministry of Information and Communications for compulsory application.

2. Being in line with the national planning on radio frequency spectrum under the Prime Minister's decision and relevant regulations on radio frequency planning:

Radio transmitters and radio transmitter-receivers failing to meet the above requirements and imported for special purposes comply with the Information and Communications Ministry's guidance on a case-by-case basis.

Article 10. Procedures for grant of import licenses

1. A dossier of application for import license shall be made in one (1) original set. comprising:

a/ An application for import license, made according lo form No. 04 in Appendix III:

b/ A certified copy (for documents sent by post) or a copy enclosed with the original for comparison (for documents directly submitted) of the legal entity status-evidencing paper (business registration certificate, or establishment decision/license, or investment certificate/license, or identity card/passport, etc.);

c/ Copies of regulation conformity certificates and technical documents of radio transmitters or radio transmitter-receivers;

d/ The importer's certified true copy of the contract or document or bill of lading indicating appellations, codes and quantity of imported goods.

2. Dossier-receiving address:

Dossiers of application for import licenses may be sent by post to or submitted directly at:

The Department for Information and Communication Technology Quality Control

ICTQC Building

Yen Hoa ward, Cau Giay district, Hanoi.

Telephone: 04 37820990; Fax 04 37820998

3. Order and procedures for grant of import licenses:

Right after directly receiving license application dossiers or within 3 working days after receiving the dossiers by post, the licensing agency shall examine the dossiers and grant licenses (in case the dossiers are directly submitted) or send dossier receipts to importers' email addresses and request modifications of the dossiers (in case the dossiers fail to satisfy the conditions specified in Clause 1 of this Article). After 5 working days after requesting modifications of the dossiers, if importers fail to modify the dossiers, the licensing agency shall issue a notice of refusal to grant licenses.

Within 7 working days after receiving complete and valid dossiers, the licensing agency shall grant licenses, made according to form No. 05 in Appendix III, or refuse to grant licenses. In case of refusal, the licensing agency shall issue a written notice clearly stating the reason to importers.

Article 11. Re-grant of import licenses

1. An importer shall apply for re-grant of import license in the following cases:

a/ The license is lost or damaged;

b/ The license expires (corresponding to the validity duration of the regulation conformity certificate);

c/ There are changes in the regulation conformity certificate (appellations, codes or operation frequency of goods);

d/ There arc changes in the license's contents related to the quantity and purposes of import;

2. Procedures for re-grant of import licenses:

a/ An application for re-grant of import license, made according to form No. 06 in Appendix III, enclosed with copies of documents relevant to modified contents of the license;

b/ The address for receiving applications is the same as specified in Clause 2. Article 10 of this Circular;

c/ Time limit for re-grant of licenses: Within 3 working days after receiving the applications, the licensing agency shall issue copies (in case a) or re-grant licenses (in cases b, c and d) to importers.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12. Implementation provisions

1. This Circular takes effect on August 1, 2011, and replaces the Post and Telematics Ministry's Circular No. 02/2006/TT-BBCVT of April 24, 2006, guiding the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international goods trading and goods trading agency, processing and transit with foreign parties, with regard to goods subject to specialized management by the Ministry of Post and Telematics.

2. The Chief of the Office, the director of the Post Department, the director of the Department for Information and Communication Technology Quality Control and related organizations and individuals shall implement this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Information and Communications for timely settlement.

APPENDIX I

LIST OF POSTAGE STAMPS IN NEED OF IMPORT LICENSE(To the Information and Communications Ministry's Circular No. 14/2011/TT-BTTTT of June 7, 2011)

APPENDIX II

LIST OF RADIO TRANSMITTERS AND RADIO TRANSMITTER-RECEIVERS IN NEED OF IMPORT LICENSE(To the Information and Communications Ministry's Circular No. 14/2011/TT-BTTTT of June 7, 2011)

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