Circular No. 01/2013/TT-BTNMT dated January 28,...
Transcript of Circular No. 01/2013/TT-BTNMT dated January 28,...
Circular No. 01/2013/TT-BTNMT dated January 28, 2013
Thứ sáu, 22 Tháng 2 2013 09:55
Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Ministry of Natural Resources
and Environment stipulating on scraps permitted to be imported for use as raw materials for
production
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
-------
No: 01/2013/TT-BTNMT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
Hanoi, January 28, 2013
CIRCULAR
STIPULATING ON SCRAPS PERMITTED TO BE IMPORTED FOR USE AS RAW
MATERIALS FOR PRODUCTION
Pursuant to the Law on Environment protection, of November 29, 2005;
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Pursuant to the Commercial Law, of June 14, 2005;
Pursuant to the Government’s Decree No. 12/2006/ND-CP, of January 23, 2006, detailing the
implementation of Commercial Law on international purchases and sales of goods; and agency
for sale and purchase, processing and transit of goods involving foreign parties;
Pursuant to the Government’s Decree No. 80/2006/ND-CP, of August 09, 2006 detailing and
guiding execution of a number of articles of the Law on Environment protection;
Pursuant to the Government’s Decree No.25/2008/ND-CP, of March 04, 2008 defining the
functions, tasks, powers and organizational structure of the Ministry of Natural Resources and
Environment which has been amended and supplemented at the Decrees No. 19/2010/ND-CP,
of March 05, 2010 and No. 89/2010/ND-CP, of August 16, 2010;
At the proposal of the General Director of Vietnam Environment Administration, General director
of the Legal Affair Department;
The Minister of Natural Resources and Environment promulgate this Circular stipulating on
scraps permitted to be imported for use as raw materials for production,
Article 1. To promulgate together with this Circular:
1. List of scraps permitted to be imported for use as raw materials for production (Annex I);
2. List of scraps gained in production process of the exporting and processing enterprises,
enterprises in non-tariff zones permitted to be imported into inland for use as raw materials for
production
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Article 2. Before import, import scraps must ensure meeting conditions as prescribed by law
on conditions of importing scraps to use as raw materials for production; have been cleaned in
order to reject waste, raw materials, items, goods banned from import as prescribed by
Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a
member; have been selected, classified separately under HS code, name of scrap, description
of scrap, quality requirement in conformity with regulations on the Lists promulgated together
with this Circular.
Article 3. The exporting and processing enterprises, enterprises in non-tariff zones importing
scraps from foreign countries for use as raw materials for production must comply with full
provisions in Article 1 and Article 2 of this Circular.
Article 4. This Circular takes effect as from April 01, 2013.
The Decision No. 12/2006/QD-BTNMT, of September 08, 2006 of the Minister of Natural
Resources and Environment on promulgation of the list of scraps permitted to be imported for
use as raw materials for production shall cease to be effective on the effective date of this
Circular.
Article 5. The Ministry of Natural Resources and Environment assigns the General Department
of environment to guide, inspect, monitor, urge implementation of this Circular.
Ministries, Ministerial-level agencies, agencies of the Government, People’s Committees at all
levels and relevant organizations, individuals shall implement this Circular.
In the course of implementation, any arising problems should be reported to the Ministry of
Natural Resources and Environment for consideration and settlement.
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FOR THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Bui Cach Tuyen
ANNEX I
LIST OF SCRAPS PERMITTED TO BE IMPORTED FOR USE AS RAW MATERIALS FOR
PRODUCTION
(Promulgated together with the Circular No. 01/2013/TT-BTNMT, of January 28, 2013 of the
Minister of Natural Resources and Environment)
Ordinal number
HS Code
Name of scraps
Description of scraps, quality requirement, use purpose
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1
0508
00
20
Shells of molluscs, crustaceans or invertebrate echinoderms
- Shells of molluscs, crustaceans or invertebrate echinoderms such as: Cockle shells, snail shells, oyster shells, etc, of which meat part and other impurities have been removed and dried under sunlight (of humidity below than 50%)
- Importe d for use as raw materials for production of Handicrafts and fine-arts.
2
2520
10
00
Plaster.
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- The synthetic plaster, or FGD plaster (flue gas desulphurization), being sulfat canxi compound gained from the process of desulphurisation in emissions from fossil fuel incinerator
- Imported for use as raw materials for production of materials, structural components used in construction sector.
3
2618
00
00
Granulated slag (slag sand) from the manufacture of iron or steel.
- Granulated slag processed from slag of pig iron, iron or steel blast-furnace. Meeting requirements for granulated slag blast-furnace used for cement production under National technical regulation on building material products, goods QCVN 16-3:2011/BXD group of additive products for cement and concrete, promulgated by the Ministry of Construction.
- Imported for use as additive for cement production.
4
3818
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00
00
Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms.
- Debris under form of wafers or discs with silicon (Si) content not less than 99%.
- Imported for processing into raw materials in service for sun energy module production.
5
3915
10
10
Plastic waste, parings and scraps from polyethylene (PE): Spongy, non-hard
- Plastic scraps imported in Group 3915 must meet National technical regulation on environment applicable to import plastic scrap QCVN 32:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.
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- Imported for use as raw materials for production of plastic products.
6
3915
10
90
Plastic waste, parings and scraps from polyethylene (PE): Other.
7
3915
20
10
Plastic waste, parings and scraps from Polystyrene (PS): Spongy, non-hard
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8
3915
20
90
Plastic waste, parings and scraps from Polystyrene (PS): Other.
9
3915
30
10
Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Spongy, non-hard
10
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3915
30
90
Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Other.
11
3915
90
00
Other plastic waste, parings and scraps.
12
4707
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10
00
Recovered (waste and scrap) paper or paperboard Unbleached kraft paper or paperboard or corrugated paper or paperboard
- Paper or paperboard scraps imported in Group 4707 must meet National technical regulation on environment applicable to import paper scrap QCVN 33:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.
- Imported for use as raw materials for production of pulp, paper or paperboard products.
13
4707
20
00
Recovered (waste and scrap) paper or paperboard: Other paper or paperboard essentially made of pulp gained from chemical process, bleached, have not yet dyed for entire.
14
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4707
30
00
Recovered (waste and scrap) paper or paperboard:
Other paper or paperboard essentially made of pulp gained from mechanical process (example, paper used for printing of newspaper, magazine, and similar publications)
15
4707
90
00
Recovered (waste and scrap) paper or paperboard: Other, including unclassified waste and scraps.
16
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5003
00
00
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock).
- Silk, cocoon waste gained from process of silkworm processing, production of yarn.
- Imported in order to salvage for production of silk, yarn, fabric.
17
7001
00
00
Cullet and other waste and scrap of glass; glass in the mass.
- Not to mix cullet or scrap of glass from package containing chemical, glass from cathode ray tube (CRT) of television, computer, fluorescent lamps, glass package and other active glass.
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- Imported for production of glass products.
18
7204
10
00
Cast iron waste and scraps
- Scraps imported in Group 7204 must meet National technical regulation on environment applicable to import iron, steel scraps QCVN 31:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.
- Import scraps in Group 7204 may be in bulk or tied into bunch, but not pressed into blocks or baled.
- Not permit to import sawdusts, filings om iron, steel scraps of code HS 7204 4100.
19
7204
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21
00
Alloy steel waste and scraps : Made of stainless steel
20
7204
29
00
Alloy steel waste and scraps: Other (different than type made of stainless steel)
21
7204
30
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00
Iron or tinned steel waste and scraps
22
7204
41
00
Other Iron or steel waste and scraps: Turnings, shavings, chips, milling waste, trimmings and stampings, whether or not in bundles.
23
7204
49
00
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Other Iron or steel waste and scraps: Other.
24
7204
50
00
Remelting scrap ingots of iron, steel, or cast iron
25
7404
00
00
Copper waste and scraps
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- Import non-ferrous metal scraps and waste with HS code proportional to ordinal number from 25 to 37 which maybe include the following types:
● Metal or alloy rod sections, pipe sections, nodes, tips, shavings, strings or pieces discharged from the production process;
● Metal or alloy recovered from construction works, means of transport, machines, equipment and other products which have been cut or disassembled in countries or territories of exportation
● Copper or aluminum cores of electric wires and cables, which have been stripped off their insulating coats of plastic, rubber or other insulating materials;
● Electromagnetic wires (copper wires coated with insulated enamel paints, cotton fibers or paper) used.
- Import non-ferrous metal scraps and waste with HS code proportional to ordinal number from 25 to 37, may be in bulk or tied into bunch, pressed into blocks or baled.
26
7503
00
00
Nickel waste and scraps
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27
7602
00
00
Aluminium waste and scraps
28
7902
00
00
Zinc waste and scraps
29
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8002
00
00
Tin waste and scraps
30
8101
97
00
Tungsten waste and scraps
31
8102
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97
00
Molypden waste and scraps
32
8104
20
00
Magnesium waste and scraps
33
8108
30
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00
Titanium waste and scraps
34
8109
30
00
Zircon waste and scraps
35
8110
20
00
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Antimony waste and scraps
36
8111
00
00
Mangan ese waste and scraps
37
8112
22
00
Chrome waste and scraps
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Note: Based on provisions in item VIII, Annex 3 of the Government’s Decree No.
12/2006/ND-CP, of January 23, 2006, detailing the implementation of Commercial Law on
international purchases and sales of goods; and agency for sale and purchase, processing and
transit of goods involving foreign parties; HS code and name of scraps in this List are used
under the Circular No. 193/2012/TT-BTC, of November 15, 2012 of the Ministry of Finance,
promulgating the preferential import and export tariff according to the list of taxable products.
ANNEX II
LIST OF SCRAPS GAINED IN PRODUCTION PROCESS OF THE EXPORTING AND
PROCESSING ENTERPRISES, ENTERPRISES IN NON-TARIFF ZONES PERMITTED TO
BE IMPORTED FOR USE AS RAW MATERIALS FOR PRODUCTION
(Promulgated together with the Circular No. 01/2013/TT-BTNMT, of January 28, 2013 of the
Minister of Natural Resources and Environment )
Ordinal number
HS Code
Name of scraps
Description of scraps, quality requirement, use purpose
1
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2525
30
00
Mica scraps
- Mica discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than mica mixing in each import consignment of mica scraps not exceeding 5% volume.
- Imported for use as raw materials for production of products.
2
2712
90
90
paraffin wax scraps
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- Paraffin wax scraps (including candles) discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than paraffin wax mixing in each import consignment of paraffin wax scraps not exceeding 5% volume.
- Imported for use as raw materials for production of products.
3
3818
00
00
Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms.
- Debris under form of wafers or discs with silicon (Si) content not less than 99%.
- Imported for processing into raw materials in service for sun energy module production.
4
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3915
10
10
Plastic waste, parings and scraps from polyethylene (PE): Spongy, non-hard
- Imported plastic scraps in group 3915 including types of plastic materials with various forms and sizes (including: Spongy or non-porous plastic sticked on cloth; plastic parts corrupted; plastic products corrupted; shealth of plastic packagings not sticked oil, chemical too much to be considered as hazardous waste according to guidance in point 3 part A of Annex 8 (promulgated together with the Circular No. 12/2011/TT-BTNMT, of April 14, 2011 of the Ministry of Natural Resources and Environment, stipulating hazardous waste management), discharged from production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than plastic mixing in each imported consignment of plastic scraps not exceeding 5% volume.
- Imported for use as raw materials for production of plastic products.
5
3915
10
90
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Plastic waste, parings and scraps from polyethylene (PE): Other.
6
3915
20
10
Plastic waste, parings and scraps from Polystyrene (PS): Spongy, non-hard
7
3915
20
90
Plastic waste, parings and scraps from Polystyrene (PS): Other.
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8
3915
30
10
Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Spongy, non-hard
9
3915
30
90
Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Other.
10
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3915
90
00
Other plastic waste, parings and scraps.
11
4004
00
00
Rubber waste, parings and scraps (excluding hard rubber)
- Rubber waste, parings and scraps with various shapes and sizes (including rubber sticked on cloth), discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than rubber mixing in each imported consignment of rubber scraps not exceeding 5% volume.
- Imported for use as raw materials for production of rubber products.
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12
4017
00
90
Hard rubber (example as ebonite) scraps.
- Hard rubber with various shapes and sizes, discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than rubber mixing in each imported consignment of rubber scraps not exceeding 5% volume.
- Imported for use as raw materials for production of rubber products.
13
4401
39
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00
Sawdust and wood scrap (in various shapes), whether or not agglomerated in logs, briquettes, pellets or similar forms.
- Sawdust and wood scrap (including particle board, plywood scrap, wood in billets, milled-wood, wood in chips or particles) discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than wood mixing in each import consignment of sawdust and wood scrap not exceeding 5% volume.
- Imported for use as raw materials for production of wood products or fuel.
14
4707
10
00
Recovered (waste and scrap) paper or paperboard: Unbleached kraft paper or paperboard or corrugated paper or paperboard
- Imported paper or paperboard scraps in Group 4707 including products, items, materials made of paper or paperboard, discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
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- The rate of materials other than paper or paperboard mixing in each imported consignment of paper or paperboard scraps not exceeding 5% volume.
- Imported for use as raw materials for production of pulp, paper or paperboard products.
15
4707
20
00
Recovered (waste and scrap) paper or paperboard: Other paper or paperboard essentially made of pulp gained from chemical process, bleached, have not yet dyed for entire.
16
4707
30
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00
Recovered (waste and scrap) paper or paperboard: Paper or paperboard essentially made of pulp gained from mechanical process (example, paper printting news, magazines, and similar punlications).
17
4707
90
00
Recovered (waste and scrap) paper or paperboard: Other, including unclassified waste and scraps.
18
5202
10
00
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Yarn waste (including thread waste)
- Yarn waste or thread discharged from production of yarn, thread or clothes of exporting and processing enterprises, enterprises in non-tariff zones.
- Imported for use as raw materials for production of yarn, thread.
19
6310
10
10
New rags (classified)
- Rags discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.
- Imported for use as raw materials for production of yarn, cloth or other products.
20
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6310
90
10
New rags (other)
21
7001
00
00
Cullet and other waste and scrap of glass; glass in the mass.
- Not to mix cullet or scrap of glass from cathode ray tube of television, computer, fluorescent lamps and other active glass.
- Imported for use as raw materials for production of glass products.
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22
7019
39
90
Insulat ing sheet made of Glass yarn scraps
- Fringe or waste of Insulat ing sheet made of Glass yarn coated synthetic resin, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.
- Imported for use as raw materials for production of insulating materials.
23
7204
10
00
Cast iron waste and scraps
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- Imported scraps in group 7204 including types of iron, steel of cast iron materials with various forms and sizes (including: Iron, steel or cast iron parts corrupted; Iron, steel or cast iron products corrupted; shealth of Iron, steel or cast iron packagings not sticked oil, chemical too much to be considered as hazardous waste according to guidance in point 3 part A of Annex 8 (promulgated together with the Circular No. 12/2011/TT-BTNMT, of April 14, 2011 of the Ministry of Natural Resources and Environment, stipulating hazardous waste management), discharged from production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than iron, steel or cast iron mixing in each import consignment of mica scraps not exceeding 5% volume.
- Imported for use as raw materials for steel production.
24
7204
21
00
Alloy steel waste and scraps: Made of stainless steel.
25
7204
29
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00
Alloy steel waste and scraps: Other (different than type made of stainless steel)
26
7204
30
00
Iron or tinned steel waste and scraps
27
7204
41
00
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Other Iron or steel waste and scraps: Turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles.
28
7204
49
00
Other Iron or steel waste and scraps: Other.
29
7204
50
00
Remelting scrap ingots of iron, steel or cast iron.
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30
7404
00
00
Copper waste and scraps
- Imported non-ferrous metal scraps with HS code corresponding to ordinal number from 30 to 42 including materials made of corresponding metals or alloy of those metals with different shapes and sizes, discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law.
- The rate of materials other than non-ferrous metal corresponding to HS code mixing in each imported consignment of paper or paperboard scraps not exceeding 5% volume.
- Imported for use as raw materials for production.
31
7503
00
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Nickel waste and scraps
32
7602
00
00
Aluminium waste and scraps
33
7902
00
00
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Zinc waste and scraps
34
8002
00
00
Tin waste and scraps
35
8101
97
00
Tungsten waste and scraps
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36
8102
97
00
Molybdenum waste and scraps
37
8104
20
00
Magnesium waste and scraps
38
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8108
30
00
Titanium waste and scraps
39
8109
30
00
Zircon waste and scraps
40
8110
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20
00
Antimony waste and scraps
41
8111
00
00
Mangan ese waste and scraps
42
8112
22
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00
Chrome waste and scraps
43
8534
Printed circuit scraps
- Fringe or waste of all types of printed circuit sheet in group 8534, yet not fitted with or removed from electronic components, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.
- Imported for use as electronic circuit boards.
44
8544
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Insulated section and wate of electric wire, (including co-axial cable) cables ((including enamelled or anodised) and other insulated conductors.
- Section of wire, cable or waste of all electric wires, cables in group 8544, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.
- Imported for selection to use as electric wire, cable or classify into raw materials in service for production of plastic, rubber, metal.
Note: Based on provisions in item VIII, Annex 3 of the Government’s Decree No.
12/2006/ND-CP, of January 23, 2006, detailing the implementation of Commercial Law on
international purchases and sales of goods; and agency for sale and purchase, processing and
transit of goods involving foreign parties; HS code and name of scraps in this List are used
under the Circular No. 193/2012/TT-BTC, of November 15, 2012 of the Ministry of Finance,
promulgating the preferential import and export tariff according to the list of taxable products.
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