Circular No. 10/2011/TT-BCT of March 30, 2011, amending, supplementing and annulling a number of provisions on administrative procedures in import and export activities under the Government’s Resolution No. 59/NQ-CP of December 17, 2010, on simplification of administrative procedures under the Ministry of Industry and Trade’s management

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 10/2011/TT-BCT of March 30, 2011, amending, supplementing and annulling a number of provisions on administrative procedures in import and export activities under the Government’s Resolution No. 59/NQ-CP of December 17, 2010, on simplification of administrative procedures under the Ministry of Industry and Trade’s management

Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to the Government’s Resolution No. 59/NQ-CP of December 17, 2010, on simplification of administrative procedures under the Ministry of Industry and Trade’s management.

The Minister of Industry and Trade amends, supplements and annuls a number of provisions on administrative procedures in import and export activities as follows:

Article 1. To amend and supplement a number of provisions on administrative procedures of the Trade Ministry’s Circular No. 04/2006/TT-BTM of April 6, 2006, guiding a number of provisions of the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law’s provisions on international trading activities and agency, purchase, sale, processing and transit of goods with foreign parties (below referred to as Circular No. 04/2006/TT-BTM), as follows:

1. To amend and supplement Clause 3 of Section III as follows:

“3. The Ministry of Industry and Trade shall license the import of sports guns and cartridges under the Minister of Culture, Sports and Tourism’s approving decisions. Licensing procedures for import of sports guns and cartridges are provided as follows:

a/ A trader shall send by post 1 (one) set of the import permit application dossier to the Ministry of Industry and Trade. A dossier comprises:

- An import permit application: 1 (one) original (made according to the form provided in Appendix I to this Circular);

- The Minister of Culture, Sports and Tourism’s decision approving the plan on import of sports guns and cartridges: 1 (one) copy certified with a true-copy mark by the trader;

-  The business registration certificate (or enterprise registration certificate or investment certificate): 1 (one) copy certified with a true-copy mark by the trader.

b/ The time limit for licensing sports gun and cartridge import is 10 (ten) working days after the Ministry of Industry and Trade receives a trader’s complete and valid dossier. In case of refusal, the Ministry of Industry and Trade shall reply the trader in writing clearly stating the reason;

c/ The import permit or written reply of the Ministry of Industry and Trade shall be sent to the trader by post at the address notified in the trader’s import permit application.”

2. To amend Point a of, and add Points a1, a2 and a3 to, Clause 4.4 of Section III as follows:

“a/ A trader shall send by post 1 (one) set of the dossier of registration of import quota to the Ministry of Industry and Trade. A dossier comprises:

- An application for registration of import quota (made according to the form provided in Appendix II to this Circular);

-  The business registration certificate and tax identification number certificate (or enterprise registration certificate): 1 (one) copy certified with a true-copy mark by the trader;

- The line ministry’s written certification of import needs (except poultry eggs and goods items under the Ministry of Industry and Trade’s management): 1 (one) original.

a1/ The time limit for licensing quota-based import provided in Clause 4.3 of Circular No. 04/2006/TT-BTM is 10 (ten) working days after the Ministry of Industry and Trade receives a trader’s complete and valid dossier and volume of goods imported within annual quota announced under regulations.

In case of refusal, the Ministry of Industry and Trade shall reply the trader in writing clearly stating the reason.

a2/ The permit for quota-based import or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s application for registration of import quota.

a3/ Appendix 2 to Circular No. 04/2006/TT-BTM is annulled.”

3. To amend the title of Clause 3, amend Point a of, and add Points a1 and a2 to, Clause 3 of Section IV as follows:

“3. Import of log and sawn timber originating from Cambodia

a/ A trader that wishes to import or temporarily import for re-export raw timber originating from Cambodia shall send by post 1 (one) set of the licensing registration dossier of import or temporary import for re-export to the Ministry of Industry and Trade. A dossier comprises:

- The trader’s application for a permit for import or temporary import for re-export of raw timber: 1 (one) original (made according to the form provided in Appendix III or IV to this Circular).

- The raw timber export permit granted by the Trade Ministry of the Kingdom of Cambodia (which is sent by the Trade Ministry of the Kingdom of Cambodia to the Ministry of Industry and Trade of the Socialist Republic of Vietnam via the Embassy or Commerce Agency of the Socialist Republic of Vietnam in Cambodia, or of the Kingdom of Cambodia in Vietnam).

- The contract on import or temporary import for re-export of timber with a Cambodian or foreign trader: 1 (one) original.

a1/ The time limit for licensing import or temporary import for re-export is 7 (seven) working days after the Ministry of Industry and Trade receives a trader’s complete and valid dossier. In case of refusal, the Ministry of Industry and Trade shall reply the trader in writing clearly stating the reason.

a2/ The permit for import or temporary import for re-export or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s application for a permit for import or temporary import for re-export of timber.”

4. To amend Clause 1 of Section V as follows:

“1. Licensing procedures for temporary import for re-export/temporary export for re-import/border-gate transfer of goods subject to the Ministry of Industry and Trade’s licensing are provided as follows:

a/ A trader shall send by post 1 (one) set of the dossier of application for a permit for temporary import for re-export/temporary export for re-import/border-gate transfer to the Ministry of Industry and Trade. A dossier comprises:

- The trader’s application for a permit for temporary import for re-export/temporary export for re-import/border-gate transfer, made according to the form provided in Appendix V to this Circular;

- The business registration certificate and tax identification number certificate (or enterprise registration certificate): 1 (one) copy certified with a true-copy mark by the trader;

- A report on temporary import for re-export/temporary export for re-import/border-gate transfer, made according to the form provided in Appendix VI to this Circular (for traders licensed for temporary import for re-export/temporary export for re-import business by the Ministry of Industry and Trade), enclosed with the export customs declaration containing the actual-export certification of a border-gate customs office (certified with a true-copy mark by the trader).

- Goods purchase contract and goods sale contract: 1 (one) original or copy certified with a true-copy mark by the trader, each.

b/ The licensing time limit is 10 (ten) working days after the Ministry of Industry and Trade receives a complete and valid dossier. In case of refusal, the Ministry of Industry and Trade shall reply the trader in writing clearly stating the reason;

c/ The permit for temporary import for re-export/temporary export for re-import/border-gate transfer or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s permit application;

d/ Appendices No. 4 and No. 5 to Circular No. 04/2006/TT-BTM are annulled.”

Article 2. To amend and supplement provisions of Article 2 of the Trade Minister’s Decision No. 24/2006/QD-BTM of June 15, 2006, suspending the temporary import for re-export and border-gate transfer of finished wood products via Vietnam to the United States and requiring the Ministry of Trade’s (now the Ministry of Industry and Trade) permits for temporary import for re-export of sassafras oil, as follows:

The temporary import for re-export of sassafras oil is subject to the Ministry of Industry and Trade’s licensing. Licensing procedures are provided as follows:

1. A trader shall send by post 1 (one) set of the dossier of application for a permit for temporary import for re-export to the Ministry of Industry and Trade. A dossier comprises:

a/ The trader’s application for a permit for temporary import for re-export of sassafras oil, made according to the form provided in Appendix VII to this Decision;

b/ The business registration certificate and tax identification number certificate (or enterprise registration certificate): 1 (one) copy certified with a true-copy mark by the trader;

c/ Goods purchase contract and goods sale contract: 1 (one) original or copy certified with a true-copy mark by the trader, each;

d/ A report on temporary import for re-export of sassafras oil, made according to the form provided in Appendix VIII to this Decision, enclosed with the export customs declaration containing the actual-export certification of a border-gate customs office (certified with a true-copy mark by the trader).

2. Within 3 (three) working days after receiving a trader’s complete and valid dossier, the Ministry of Industry and Trade (the Import and Export Department) shall send an official letter to the Standing Office for Crime and Drug Prevention and Control (the Ministry of Public Security).

3. Within 7 (seven) working days after receiving a written reply of the Standing Office for Crime and Drug Prevention and Control (the Ministry of Public Security), the Ministry of Industry and Trade shall grant a permit to the trader. In case of refusal, its shall reply the trader in writing clearly stating the reason.

4. The permit for temporary import for re-export or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s permit application.

Article 3. To amend and supplement Clauses 2 and 3, Section II of the Trade Ministry’s Circular No. 06/2007/TT-BTM of May 30, 2007, guiding the import of motorbikes with a capacity of 175 cm3 or higher (below referred to as Circular No. 06/2007/TT-BTM), as follows:

1. To amend Clause 2 as follows:

“2. Registration procedures for automatic import licensing are provided as follows:

a/ Before carrying out import customs procedures, a trader shall send by post 1 (one) set of the licensing registration dossier to the Ministry of Industry and Trade. A dossier comprises:

- An application for automatic import registration: 2 (two) originals, made according to the form provided in Appendix IX to this Circular;

- The business registration certificate (or enterprise registration certificate or investment certificate or business license): 1 (one) copy certified with a true-copy mark by the trader;

- The import contract or documents of equivalent validity: 1 (one) copy certified with a true-copy mark by the trader;

- The commercial invoice: 1 (one) copy certified with a true-copy mark by the trader;

- The bill of lading or document of the shipment: 1 (one) copy certified with a true-copy mark by the trader.”

2. To amend Clause 3 as follows:

“3. The time limit for automatic import licensing is 7 (seven) working days after the Ministry of Industry and Trade receives a trader’s complete and valid dossier.

In case of refusal, the Ministry of Industry and Trade shall reply the trader in writing clearly stating the reason.

The automatic import permit or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s automatic import application.”

Article 4. To amend Clauses 2 and 3, Article 2 of the Ministry of Industry and Trade’s Circular No. 02/2010/TT-BCT of January 14, 2010, stipulating the import of cigarettes for duty-free sale, as follows:

1. To amend Point 2.2 as follows:

Permit for duty-free goods trading: 1 (one) copy certified with a true-copy mark by the trader.

2. To amend Clause 3 as follows:

A trader shall send by post 1 (one) set of the import permit application dossier to the Ministry of Industry and Trade (the Import and Export Department). The import permit or written reply of the Ministry of Industry and Trade shall be sent by post to the trader at the address notified in the trader’s import permit application.

Article 5. Effect

1. This Circular takes effect on May 15, 2011.

2. Any problems arising in the implementation of this Circular should be reported in writing to the Ministry of Industry and Trade for settlement.-

For the Minister of Industry and Trade
Deputy Minister
HO THI KIM THOA