07:56 | 01/12/2022

Suspension of effect of Circular 31/2022/TT-BTC on Vietnam's nomenclature of exports and imports in 2022?

May I ask how long Circular 31/2022/TT-BTC promulgating Vietnam's nomenclature of exports and imports shall be suspended? – Question of Kim (Binh Duong)

When shall the effect of the Circular 31/2022/TT-BTC be suspended?

Pursuant to Article 1 of Circular 72/2022/TT-BTC of Vietnam stipulating the suspension of the effect of Circular 31/2022/TT-BTC as follows:

Suspension
The effect of the Circular No. 31/2022/TT-BTC dated June 08, 2022 of the Minister of Finance on Vietnam’s nomenclature of exports and imports shall be suspended for a fixed period from December 01, 2022 to December 29, 2022 inclusively.

Thus, according to the above provisions, the effect of Circular 31/2022/TT-BTC promulgating Vietnam’s nomenclature of exports and imports shall be suspended for a fixed period from December 01, 2022 to December 29, 2022 inclusively.

Previously, the Ministry of Finance issued Circular 31/2022/TT-BTC on Vietnam’s nomenclature of exports and imports to replace Circular 65/2017/TT-BTC and Circular 09/2019/TT-BTC.

Circular 31/2022/TT-BTC of Vietnam takes effect from December 1, 2022.

Suspension of effect of Circular 31/2022/TT-BTC on Vietnam's nomenclature of exports and imports in 2022?

Suspension of effect of Circular 31/2022/TT-BTC on Vietnam's nomenclature of exports and imports in 2022?

Which Circular shall be applied when suspending the effect of Circular 31/2022/TT-BTC on the nomenclature of exports and imports in 2022?

According to that, during this period, the effect of Circular 31/2022/TT-BTC shall be suspended, the Circulars which were replaced by Circular 31/2022/TT-BTC continue to be effective and applied, including the following documents:

- Circular 65/2017/TT-BTC promulgating Vietnam’s nomenclature of exports and imports on June 27, 2017.

- Circular 09/2019/TT-BTC on amendments to some contents specified in appendices of the Circular no. 65/2017/TT-BTC dated June 27, 2017 on Vietnam's nomenclature of exports and imports issued on February 15, 2019.

What are the differences between the nomenclature of exports and imports in 2022 according to Circular 31/2022/TT-BTC and the 2017 nomenclature of Circular 65/2017/TT-BTC and Circular 09/2019/TT-BTC?

In the Appendix I enclosed with Official Dispatch 4891/TCHQ-TXNK in 2022, Vietnam’s nomenclature of exports and imports version 2022 (nomenclature of 2022) restructures a number of commodity groups, commodity subgroups and details a number of new product lines compared to the Vietnam’s nomenclature of exports and imports version 2017 (nomenclature of 2017).

These changes fully comply with WCO's 2022 version of HS Directory and ASEAN's 2022 version of AHTN, in line with technological development and international trade, and implementation of commitments of member countries under conventions and treaties aimed at protecting the environment, ensuring world security, and controlling chemicals and toxic weapons.

Specifically, according to the instructions in Section I of Official Dispatch 4891/TCHQ-TXNK in 2022 of the General Department of Vietnam Customs on the implementation of Circular 31/2022/TT-BTC on the Vietnam’s nomenclature of exports and imports in 2022 as follows:

- Catalog 2022 includes 21 Sections, 97 Chapters, 1,228 groups at 4-digit level, 4,084 subheadings at 6-digit level and is detailed into 11,414 lines at 8-digit level (an increase of 601 lines compared to the List of 2017). ).

- Changes in the Vietnam’s nomenclature of exports and imports promulgated together with Circular 31/2022/TT-BTC compared to the List of Circulars No. 65/2017/TT-BTC and Circular No. 09/2019/TT-BTC focuses on updating changes in technology, technique and trade of some commodity groups to suit the actual situation, including seafood (Chapter 03), food processing (Chapters 16, 19, 21), tobacco (Chapters 24), chemicals (Chapters 28, 29, 38), pharmaceuticals (Chapters 30), machinery and equipment (Chapters 84, 85), means of transport download (Chapter 87), artwork (Chapter 97), etc.

What is Vietnam's nomenclature of exports and imports used for?

Pursuant to Clause 3, Article 17 of Decree 08/2015/ND-CP of Vietnam stipulating the purpose of using the Vietnam’s nomenclature of exports and imports as follows:

Vietnam’s nomenclature exports and imports
1. The Vietnam’s nomenclature of exports and imports shall include code, name, description, measurement unit and other remarks, and shall be compiled on the basis of fully adhering to the International Convention on Harmonized Commodity Description and Coding System in accordance with regulations laid down in Clause 1 Article 26 of the Customs Law.
2. The Minister of Finance shall introduce the List of Vietnam's exports and imports across the nation.
3. The Vietnam’s nomenclature of exports and imports shall be used for:
a) Introducing export and import tariffs;
b) Compiling Lists of goods to serve the purpose of state management in accordance with Government regulations;
c) Preparing the statistical report of the State on exports and imports;
d) Serving the purpose of state management of product exportation, importation and other sectors.

Thus, Vietnam's nomenclature of exports and imports shall include code, name, description, measurement unit and other remarks, and shall be compiled on the basis of fully adhering to the International Convention on Harmonized Commodity Description and Coding System. The Vietnam’s nomenclature of exports and imports shall be used for:

- Introducing export and import tariffs;

- Compiling Lists of goods to serve the purpose of state management in accordance with Government regulations;

- Preparing the statistical report of the State on exports and imports;

- Serving the purpose of state management of product exportation, importation and other sectors.

Which agency promulgates Vietnam's nomenclature of exports and imports?

According to the provisions of Clause 1, Article 19 of Decree 08/2015/ND-CP of Vietnam on this content as follows:

Responsibility of Ministries and agencies for carrying out the classification of exports and imports
1. The Ministry of Finance shall be responsible for issuing Vietnam's nomenclature of exports and imports, codes of exports and imports.

Thus, the Ministry of Finance shall be responsible for issuing Vietnam's nomenclature of exports and imports.

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