Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade on temporary import, re-export, temporary export, re-import and merchant trade of goods

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ATTRIBUTE

Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade on temporary import, re-export, temporary export, re-import and merchant trade of goods
Issuing body: Ministry of Industry and TradeEffective date:
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Official number:11/2017/TT-BCTSigner:Tran Tuan Anh
Type:CircularExpiry date:
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Issuing date:28/07/2017Effect status:
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Fields:Commerce - Advertising , Export - Import

SUMMARY

Regulations on temporary import, re-export

 

Circular No. 11/2017/TT-BCT on temporary import, re-export, temporary export, re-import and merchant trade of goods issued by the Ministry of Industry and Trade on July 28, 2017.

Accordingly, goods shall be temporarily imported and re-exported through international and principal border checkpoints. The re-export of goods through auxiliary border checkpoints and border crossings shall only be carried out at auxiliary border checkpoints and border crossings located in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones which are under supervision by competent authority in accordance with regulations of law and have adequate technical facilities to ensure the state administration. The People’s Committee of each bordering province shall publish a list of auxiliary border checkpoints and border crossings prescribed in Clause 2 of this Article after reaching an agreement with the Ministry of National Defense, the Ministry of Finance, the Ministry of Industry and Trade and Ministry of Agriculture and Rural Development.

The Circular also prescribes that temporary imports shall be under supervision by the customs authority from the day on which the goods are arrive at the border checkpoint of import to the day on which they are re-exported.  The goods transported in containers shall not be divided throughout the transport from the border checkpoint of import to the customs-controlled area or the border checkpoint or border crossing through which the goods are re-exported as prescribed. If the goods transported in containers have to be divided to be re-exported according to the requirement of transport, the division of such goods shall comply with regulations of the customs authority.

The temporary imports such as frozen foods; goods subject to excise taxes and used goods shall not be sold domestically.

This Circular takes effect on September 11, 2017.
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Effect status: Known

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Tradeon temporary import, re-export, temporary export, re-import and merchant trade of goods

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 on functions, duties, powers and organizational of Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 providing detailed guidance on the  implementation of Commercial Law related to international trade in goods and activities of buying, selling, processing and transiting agents of foreign countries;

Pursuant to the Government’s Decree No. 77/2016/ND-CP dated  July 01, 2016 on amendments to certain regulations on investment and trading conditions in international trade in goods, chemicals, industrial explosives, fertilizers, gas business and food business under the state administration of Ministry of Industry and Trade;

Implementing the direction of the Prime Minister in Official Dispatch No. 1757/TTg-KTTH dated October 31, 2013 on temporary import, re-export, merchanting of goods and storage of goods in bonded warehouses;

At the request of Director of Agency of Foreign Trade;

The Minister of Industry and Trade promulgates the Circular on temporary import, re-export, temporary export, re-import and merchanting trade of goods.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

1.This Circular provides regulations on temporary import, re-export, temporary export, re-import and merchanting trade of goods.

2.The merchanting trade in which the goods are delivered directly from an exporting country to an importing country without going through any border checkpoints of Vietnam shall not be regulated by this Circular.

The merchanting trade in which the goods specified in Appendices III, IV and V of this Circular are delivered from an exporting country to an importing country through a border checkpoint of Vietnam shall not be carried out through a land border checkpoint.

Article 2.Subject of application

1.Traders of Vietnam other than foreign invested traders (hereinafter referred to as "trader") that engage in temporary import and re-export (hereinafter referred to as “temporary import”), temporary export and re-import (hereinafter referred to as “temporary export”) and merchanting trade of goods and relevant authorities, organizations and individuals.

2.Foreign invested traders that comply with the commitment of Vietnam in international treaties to which Vietnam is a signatory.

Article 3. Lists of goods

1.The list of goods prohibited from temporary import, re-export and merchanting trade prescribed in Appendix I.

2.The list of goods suspended from temporary import, re-export and merchanting trade prescribed in Appendix II.

3.The list of frozen foods for temporary import, re-export and merchanting trade is prescribed in Appendix III.

4.The list of temporary imports subject to excise taxes prescribed in Appendix IV.

5.The list of used goods prohibited or suspended from export or import and are not specified in Appendices I and II (hereinafter referred to as “used goods”) prescribed in Appendix V.

Chapter II

TEMPORARY IMPORT OF GOODS

Section 1. Management of temporary import of goods

Article 4. General provisions on temporary import of goods

1.Except for the goods specified in Appendices I and II and prescribed in Clauses 2 and 4 of this Article, a trader that is an enterprise established in accordance with regulations of Law on Enterprises (hereinafter referred to as “enterprise”) may temporarily import goods regardless of its registered business lines. Procedures for temporary import of goods shall be carried out at a customs authority in accordance with regulations of law on customs and the license for temporary import issued by the Ministry of Industry and Trade is not required.

2.The temporary import of goods prescribed in Appendices III, IV and V shall comply with regulations of Articles 3, 4 and 5 of Decree No. 77/2016/ND-CP.

3.The temporary import of goods prescribed in Clause 2 of this Article shall not be authorized to a third party or carried out on behalf of a third party.

4.An enterprise that temporarily imports goods prohibited or suspended from export or import, exports and imports goods requiring licensing or subject to certain conditions have to obtain a license for temporary import of such goods issued by the Ministry of Industry and Trade. The application and procedures for licensing are prescribed in Chapter III of this Circular.

Article 5. Border checkpoints of import and export

1. Goods shall be temporarily imported and re-exported through international and principal border checkpoints.

2.The re-export of goods through auxiliary border checkpoints and border crossings shall only be carried out at auxiliary border checkpoints and border crossings located in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones which are under supervision by competent authority in accordance with regulations of law and have adequate technical facilities to ensure the state administration.

3.The People’s Committee of each bordering province shall publish a list of auxiliary border checkpoints and border crossings prescribed in Clause 2 of this Article after reaching an agreement with the Ministry of National Defense, the Ministry of Finance, the Ministry of Industry and Trade and Ministry of Agriculture and Rural Development.

4.The People’s Committees of the bordering provinces shall reach an agreement with the Ministry of Industry and Trade about the criteria for selecting enterprises eligible to re-export goods through auxiliary border checkpoints and border crossings and the list of eligible enterprises.

5.In the cases where foreign goods are sent to bonded warehouses pending export or re-export through bordering provinces, the border checkpoints of import and export of these goods in the bordering provinces shall comply with regulations of this Article.

Article 6. Regulation of temporary imports

1.In case of congestion in a bordering province, the People’s Committee of this province shall direct the appropriate authority to implement measures for moving and regulating goods in the province for avoiding congestion at ports and border checkpoints and cooperate with the customs authority of the border checkpoint of import in regulating the volume of goods from border checkpoints for temporary import to border checkpoints for re-export.

2.After the measure for moving and regulating goods specified in Clause 1 of this Article is implemented but the congestion at ports and border checkpoint has not been relieved or in case of necessity, the Ministry of Industry and Trade will take charge and cooperate with the People’s Committee of the province, General Department of Vietnam Customs and Vietnam Border Guard High Command in regulating temporary imports by using the following measures:

a) Issue the license for temporary import of certain types of goods at the request of the Ministry of Industry and Trade. Applications and procedures for licensing temporary import shall comply with regulations of Chapter III of this Circular.

b) Send enterprises written requests for suspending the import of goods to Vietnam.

c) Suspend the issuance of licenses for temporary import of goods prescribed in Clause 3 Article 4 of this Circular.

Article 7. Bill of Lading

A bill of lading (B/L) of temporary imports specified in Appendices III, IV and V shall fulfill the following conditions:

1.The B/L shall be straight and non-negotiable.

2.The B/L shall bear the number of the certificate of eligibility for temporary import issued to the enterprise.

3.The B/L of used goods specified in Appendix V shall bear the number of the license for temporary import of such goods issued by the Ministry of Industry and Trade.

Article 8. Goods under supervision

1.Temporary imports shall be under supervision by the customs authority from the day on which the goods are arrive at the border checkpoint of import to the day on which they are re-exported.

2.The goods transported in containers shall not be divided throughout the transport from the border checkpoint of import to the customs-controlled area or the border checkpoint or border crossing through which the goods are re-exported as prescribed.

If the goods transported in containers have to be divided to be re-exported according to the requirement of transport, the division of such goods shall comply with regulations of the customs authority.

3.The temporary imports specified in Appendices III, IV and V shall not be sold domestically.

Section 2. CONDITIONAL TEMPORARY IMPORT

Article 9. Certificate of eligibility for temporary import

The Ministry of Industry and Trade shall issue the certificate of eligibility for temporary import of goods to an enterprise that fulfills all conditions prescribed in Articles 3, 4 or 5 of Decree No. 77/2016/ND-CP.

Article 10. Applications for certificates of eligibility for temporary import

1.An application for the certificate consists of:

a) The original copy of the application form for the certificate of eligibility for temporary import using the specimen in Appendix VI;

b) A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

c) The original copy of the written confirmation issued by the credit institution of the payment of deposit as prescribed in Articles 3, 4 and 5 of Decree No. 77/2016/ND-CP using the specimen in Appendix VII of this Circular;

d) Copies of documents proving that the applicant has owned or rented warehouses to serve the temporary import of frozen food as prescribed in Article 3 of Decree No.77/2016/ND-CP that bear the applicant’s certification seal;

dd) The original copy of the written confirmation of local electricity authority showing that the applicant’s warehouses have sufficient electricity supply to operate refrigerated containers corresponding to warehouses’ capacity.

In case of application for the certificate of eligibility for temporary import of goods subject to excise taxes specified in Appendix IV and used goods specified in Appendix V, the documents prescribed in Points d and dd Clause 1 of this Article are not required.

2.An application for the adjustment to the certificate of eligibility for temporary import consists of:

a) The original copy of the application form for adjustment to the certificate of eligibility for temporary import and re-export;

b) A copy of the issued certificate bearing the applicant’s certification seal;

c) Copies of documents related to the adjustments bearing the applicant’s certification seal.

3.An application for the reissuance of lost certificate of eligibility for temporary import consists of:

a) An application form for the reissuance of certificate of eligibility for temporary import which specifies reasons for the loss of the issued certificate enclosed with the applicant’s commitment;

b) A copy of the issued certificate which has been certified and stamped (if any) bearing the applicant’s certification seal.

4.If the certificate of eligibility for temporary import expires, the enterprise shall prepare an application as prescribed in Clause 1 of this Article.

If the conditions of the applicant’s warehouses in case of application for the certificate of eligibility for temporary import of frozen foods do not change in comparison with previous conditions, the Ministry of Industry and Trade will consider exempting the applicant from reinspection of warehouses when reissuing the certificate of eligibility for temporary import to the applicant.

Article 11. Procedures for issuance of certificates of eligibility for temporary import

1.The applicant shall send an application for the certificate of eligibility for temporary import as prescribed in Article 10 of this Circular to the Ministry of Industry and Trade by post  (Address: 54 Hai Ba Trung, Hoan Kiem district, Ha Noi city).

2.In case of invalid application, within 5 working days from the day on which the application is received, the Ministry of Industry and Trade shall request the applicant in writing to provide the additional documents.

3.Within 7 working days from the day on which the valid application for the certificate of eligibility for temporary import of frozen foods is received, the Ministry of Industry and Trade shall inspect or authorize the Department of Industry and Trade of the province in which the applicant’s warehouses located to inspect the conditions of warehouses. Within 7 working days from the day on which the result of the warehouse inspection is available, the Ministry of Industry and Trade shall consider issuing the certificate of eligibility for temporary import to the applicant.

4.In case of goods subject to excise taxes or used goods, within 7 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the certificate of eligibility for temporary import to the applicant.

5.If relevant documents included in the application for the certificate of eligibility for temporary import must be verified, the time limit for application processing prescribed in Clauses 3 and 4 of this Article will be extended by the period over which the documents are verified.

6.The Ministry of Industry and Trade shall send a written explanation to the applicant if the application is rejected.

7.The certificate of eligibility for temporary import or written explanation of the Ministry of Industry and Trade shall be sent by post to the applicant through the address specified in the application.

Article 12. Responsibility of holders of the certificates of eligibility for temporary import

An enterprise holding the certificate of eligibility for temporary import shall:

1.Maintain fulfillment of the conditions prescribed in the Decree No. 77/2016/ND-CP and this Circular while using the certificate of eligibility for temporary import.

2.Promptly move frozen goods from ports and border checkpoints to its warehouse at the request of the competent authority in case of congestion.

3.Collect and treat wastes and sewage to prevent epidemics and ensure the environmental hygiene at its warehouse serving the temporary import of frozen foods.

4.Pay the following costs (if any):

a) Cost of environmental remediation if goods of the enterprise cause environmental pollution during their storage, temporary import and re-export of these goods in Vietnam;

b) Cost of destroying goods cannot be re-exported and temporary imports that are incorrectly declared and have to be destroyed; and

c) Other costs due to the violations of regulations on temporary import, re-export and storage of goods in bonded warehouses committed by the enterprise.

5.Notify the Ministry of Industry and Trade and relevant authorities of changes in conditions for the issuance of certificate of eligibility for temporary import or loss of the certificate of eligibility for temporary import.

6.Submit quarterly reports on the progress of temporary import of goods specified in Appendix III, IV and V using the specimen prescribed in Appendix VIII of this Circular. Reports shall be submitted in the first week of the following quarter to Agency of Foreign Trade affiliated to the Ministry of Industry and Trade (hereinafter referred to as “Agency of Foreign Trade”), People’s Committee and Department of Industry and Trade of the province where the warehouse is located and the enterprise re-exports goods.

Article 13. Revocation of certificates of eligibility for temporary import according to requests of enterprises

The certificate of eligibility for temporary import shall be revoked at the enterprise’s request when the following information is confirmed by relevant authorities:

1.The enterprise has re-exported all temporary imports.

2.The enterprise has fulfilled its obligations arising during the transport and storage of temporary imports (if any) in accordance with regulations of this Circular.

Article 14. Revocation of certificates of eligibility for temporary import due to the violation committed by enterprises

1.An enterprise will have its certificate of eligibility for temporary import revoked if it:

a) Incorrectly declares the fulfillment of the conditions prescribed in Decree No. 77/2016/ND-CP and this Circular;

b) Fails to maintain the fulfillment of conditions prescribed in Decree No. 77/2016/ND-CP and this Circular while using certificate of eligibility for temporary import;

c) Fails to pay sufficient deposit as prescribed within 30 days from the days on which Ministry of Industry and Trade issues the notification as prescribed in Clause 2 Article 16 of this Circular;

d) Commits violations related to the lease of the entire or part of warehouse as prescribed in Article 3 of Decree No. 77/2016/ND-CP;

dd) Fails to comply with requests of the competent authority related to the regulations of temporary imports prescribed in Article 6 of this Circular;

e) Temporarily imports and re-exports goods without the license for temporary import issued by the Ministry of Industry and Trade in accordance with regulations of law;

g) Temporarily imports and re-exports goods specified in Appendices I and II of this Circular;

h) Refuses to deal with shipments that arrive at ports and border checkpoints of Vietnam according to the signed import contract;

i) Sells temporary imports domestically without permission; or

k) Breaks the customs seal of temporary imports without permission.

2.The enterprise that has its certificate of eligibility for temporary import revoked because of the violations mentioned in Point a, b, c, d, dd, e, i or k Clause 1 of this Article shall not have the certificate reissued for the next 2 years from the day on which the certificate is revoked.

3.The enterprise that has its certificate of eligibility for temporary import revoked according to Point g or h Clause 1 of this Article shall not have the certificate reissued.

Article 15. Suspension of certificates of eligibility for temporary import

1.The Ministry of Industry and Trade will consider suspending the certificate of eligibility for temporary import if the enterprise is undergoing investigation into the violations of regulations of this Circular or at the request of the investigating authority.

2.The duration of suspension shall be 3 months, 6 months or 1 year on case by case basic or a specific duration requested by the investigating authority.

Article 16. Management, use and return of deposit paid by enterprises

1.The credit institution to which an enterprise pays the deposit is responsible for management of such deposit.

2.If the enterprise fails to pay for the costs prescribed in Clause 4 Article 12 of this Circular, the relevant People’s Committee of the province, according to the request and decision on penalty imposition issued by a competent authority (hereinafter referred to as “penalizing authority”), will request the credit institution in writing to deduct such costs from the enterprise’s deposit. 

The penalizing authority and the relevant People’s Committee of the province shall send a notification to the Ministry of Industry and Trade of the imposed penalties and the above-mentioned use of deposit. The notification will be used as the basis for the Ministry of Industry and Trade to request the enterprise to pay additional deposit as prescribed before it is permitted to resume temporary import of goods.

3.The enterprise shall have its entire deposit or its remaining of deposit returned after the costs prescribed in Clause 4 Article 12 of this Article (if any) are paid in the following cases:

a) The application is rejected by the Ministry of Industry and Trade. The deposit shall be returned to the enterprise according to the written explanation issued by the Ministry of Industry and Trade.

b) The Ministry of Industry and Trade revokes the certificate of eligibility for temporary import at the request of the enterprise as prescribed in Article 13 of this Circular.

c) The enterprise has its certificate of eligibility for temporary import revoked as prescribed in Article 14 of this Circular.

d) The return of the enterprise’s deposit in the cases prescribed in Points b and c Clause 3 of this Article is subject to the written consent issued by the Ministry of Industry and Trade after the enterprise has fully paid the costs specified in Clause 4 Article 12 of this Circular.

Chapter III

LICENSES FOR TEMPORARY IMPORT, TEMPORARY EXPORT AND MERCHANTING TRADE OF GOODS

Article 17. Applications for licenses

1.In case of the temporary import of goods prohibited or suspended from export or import or imports and exports requiring licensing prescribed in Clause 1 Article 11 of Decree No. 187/2013/ND-CP, an application for a license shall consist of:

a) The original copy of the application form for the license for temporary import using the specimen in Appendix IX;

b) A copy of Business Registration Certificate or Enterprise Registration Certificate or a certificate of eligibility for temporary import in case of temporary import of used goods specified in Appendix V that bears the applicant’s certification seal;

c) Copies of the export contract and import contract signed by the applicant and the foreign customer bearing the applicant’s certification seal;

d) The original copy of the report on the temporary import according the issued license certified by the customs authority using the specimen in Appendix X.

2.In case of the temporary import of the goods requiring licensing prescribed in Clause 2 Article 12 of Decree No. 187/2013/ND-CP, an application for a license shall consist of:

a) The original copy of the application form for the license for temporary import using the specimen in Appendix IX;

b) A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

c) A copy of the contract for rent or borrowing of goods between the applicant and the foreign customer bearing the applicant’s certification seal;

d) A copy of written approval a relevant Ministries or ministerial agency for the temporary import of such goods bearing the applicant s certification seal.

3.In case of the temporary export of goods prohibited or suspended from export or import or imports and exports requiring licensing prescribed in Clause 1 Article 13 of Decree No. 187/2013/ND-CP, an application for a license shall consist of:

a) The original copy of the application form for the license for temporary export using the specimen in Appendix IX;

b) A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

c) A copy bearing the applicant s certification seal of the contract for repair and maintenance of goods between the applicant and foreign partner other than the contract for rent or borrowing of goods.

4.In case of the merchanting trade of goods prohibited or suspended from export or import or imports and exports requiring licensing prescribed in Clause 2 Article 14 of Decree No. 187/2013/ND-CP, an application for a license shall consist of:

a) The original copy of the application form for the license for merchanting trade using the specimen in Appendix IX;

b) A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

c) Copies of the export contract and import contract between the applicant and the foreign customer bearing the applicant s certification seal;

d) The original copy of the report on the merchanting trade of goods carried out according to the issued license certified by the customs authority using the specimen in Appendix X.

Article 18. Procedures for issuance of licenses

1.The Agency of Foreign Trade shall issue licenses for temporary import, temporary export and merchanting trade prescribed in this Chapter.

2.The applicant shall send an application for license prescribed in Article 17 of this Circular to the Agency of Foreign Trade by post (Address: 54 Hai Ba Trung, Hoan Kiem district, Ha Noi city).

3.In case of invalid application, within 5 working days from the day on which the application is received, the Agency of Foreign Trade shall request the applicant in writing to provide additional documents.

4.Within 5 working days from the day on which the valid application is received, the Agency of Foreign Trade shall issue the license for temporary import, temporary export or merchanting trade to the applicant. If the application is rejected, the Agency of Foreign Trade will send a written explanation to the applicant.

5.The license or written explanation issued by the Agency of Foreign Trade shall be sent by post to the applicant through the address specified in the application.

6.In case of application for the re-export of goods through auxiliary border checkpoints and border crossings located in the border-gate economic zones and auxiliary border checkpoints outside border gate economic zones published by the People’s Committee of the province, the Agency of Foreign Trade will only consider issuing the license to eligible applicants selected by the People’s Committee of the province in accordance with regulations of Clause 4 Article 5 of this Circular.

Chapter IV

IMPLEMENTATIONPROVISIONS

Article 19. Implementation

1.The Ministry of Industry and Trade shall:

a) Accelerate and instruct relevant ministries and local governments to implement this Circular; organize the inspection and cooperate with relevant authorities, organizations and traders in inspecting the implementation of this Circular;

b) Inspect and confirm conditions of warehouses of enterprises temporarily importing frozen foods or authorize the Department of Industry and Trade to inspect and confirm the abovementioned conditions;

c) Take charge and cooperate with relevant authorities in revocation and suspension of certificates of eligibility for temporary import issued to enterprises in accordance with regulations. Notify relevant authorities of the revocation and suspension of certificates of eligibility for temporary import to cooperate in dealing with these issues;

d) Implement measures for regulating goods if necessary in accordance with regulations of this Circular.

2.The People’s Committee of each province shall:

a) Implement the planning for and make an investment in the construction of traffic infrastructure, warehouse systems, places for gathering or re-exporting goods, power sources and other conditions to ensure the temporary import, merchanting trade, storage and maintenance of goods in the area of re-export;

b) Evaluate demands and the capacity for the development of temporary import of frozen foods in the province; cooperate with General Department of Vietnam Customs, Vietnam Border Guard High Command and Ministry of Industry and Trade in formulating and issuing the planning for warehouse systems serving the temporary import of frozen foods in the province;

c) Pursuant to the applicable regulations, take charge and cooperate with relevant ministries in the administration of temporary import and merchanting trade of goods in the province and be accountable to the Government and the Prime Minister for the temporary import and merchanting trade of goods in the province;

d) Cooperate with relevant ministries in ensuring the sufficient specialized inspectors and sufficient facilities serving the inspection and supervision of temporary imports and goods of merchanting trade in the province and ensuring the security, national defense, social order, safety and the restriction of trade fraud, smuggling, tax evasion and environmental pollution;

dd) Take charge and cooperate with relevant ministries in taking measures for regulating temporary imports and goods of merchanting trade in case of congestion in the province, promptly notify the Ministry of Industry and Trade of the progress of exchange of goods in the province and suggest the measure for preventing the congestion at ports and border checkpoints;

e) Take charge and reach an agreement with ministries before publishing the list of auxiliary border checkpoints and border crossings located in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones eligible for re-export of goods if there are sufficient specialized controlling authorities in accordance with regulations of law and technical facilities to ensure the state administration;

g) Take charge and reach an agreement with the Ministry of Industry and Trade about the criteria for selecting enterprises eligible to re-export goods through auxiliary border checkpoints and border crossings prescribed in Clause 2 Article 5 of this Circular and publishing the list of selected enterprises, regularly review and assess the compliance with regulations of law and policies on management of temporary import and re-export, prohibit enterprises that have been committed violations from continuing to re-export goods through auxiliary border checkpoints and border crossings located in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones;

h) Organize and take responsibility for managing closely the re-export of goods through auxiliary border checkpoints and border crossings in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones to prevent the smuggling, suspend the re-export of goods through these auxiliary border checkpoints and border crossings in case of smuggling and be accountable to the Prime Minister for this issue;

i) Collect fees of temporary imports according to the instruction of the Ministry of Finance to raise revenues of the budget for investing in and upgrading systems of traffic roads and warehouses and protecting environment and security at border checkpoints;

k) Notify promptly changes in policies on trade of border areas formulated by neighboring countries to the Ministry of Industry and Trade  and enterprises in order to prepare the plan for regulating temporary imports to prevent the congestion at ports and border checkpoints;

l) Direct Department of Industry and Trade of the same province to:

-Regularly monitor and inspect the maintenance of conditions for temporary import and notify the Ministry of Industry and Trade to deal with enterprises that fail to maintain conditions prescribed in Decree No. 77/2016/ND-CP;

-Submit a quarterly report on the temporary import and merchanting trade of goods in the province, the compliance with regulations of law on temporary import and merchanting trade in the province of enterprises;

-Inspect warehouses or verify documents related to business conditions prescribed in the Decree no. 77/2016/ND-CP on behalf of the Ministry of Industry and Trade;

-Notify the Ministry of Industry and Trade of violations of regulations on temporary import and merchanting trade in the province to cooperate in taking actions against these violations.

3.The credit institution to which an enterprise pays the deposit shall:

a) Manage and use the enterprise’s deposit in accordance with regulations of this Circular;

b) Immediately notify the Ministry of Industry and Trade if the enterprise’ deposit is used for paying costs according to the decision issued by the penalizing authority.

4.The General Department of Vietnam Customs shall:

a) According to its assigned tasks in accordance with regulations of law, inspect, control and supervise temporary imports since they are imported to Vietnam until they are practically exported from Vietnam to foreign countries in accordance with regulations of law on customs;

b) Quarterly provide information and statistics on activities of temporary import to Ministry of Industry and Trade using the specimen in Appendix XI of this Circular in the first week of the following quarter and provide surprisingly these information and statistics at the request of the Ministry of Industry and Trade to serve the tasks of administration;

c) Notify the Ministry of Industry and Trade and the relevant People’s Committee of the province of:

-The violations of regulations on temporary import and merchanting trade committed by the enterprise (using the specimen in Appendix XII) to cooperate in taking actions against the violations in accordance with regulation of this Circular.

-The congestion at ports and border checkpoints to take measures for moving and regulating goods.

5.Relevant traders, authorities, organizations and individuals are responsible for the implementation of this Circular.

Article 20. Implementationprovisions

1.Transition provisions

a) A certificate of eligibility for temporary import that has been issued to an enterprise before this Circular comes into force shall remain valid until it expires.

b) A license for temporary import that has been issued to an enterprise before this Circular comes into force shall remain valid until it expires.

c) Documents related to the selection of traders entitled to temporary import according to the decision of People’s Committee of a bordering province that have been issued before this Circular comes into force shall remain valid until they expire.

2.Effect

a) This Circular comes into force from September 11, 2017.

b) The following documents and regulations shall be annulled by this Circular:

-The Circular No. 05/2014/TT-BCT of the Minister of Industry and Trade dated January 27, 2014 on temporary import, re-export, temporary export, re-import and merchanting trade of goods.

-Article 2 of the Circular No. 27/2016/TT-BCT of the Ministry of Industry and Trade dated December 05, 2016 on amendments to certain legislative documents on investment and trading conditions of certain domains under the state administration of the Ministry of Industry and Trade;

c) Any problem arising in the course of implementation of this Circular should be reported in writing to the Ministry of Industry and Trade for timely solutions.

The Minister of Industry and Trade

Tran Tuan Anh

 

 

APPENDIX I

LIST OF GOODS PROHIBITED FROM TEMPORARY IMPORT, RE-EXPORT AND MERCHANTING TRADE
(issued together with Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

1.The enumeration under heading (4-digit HS codes) shall cover all goods of 8-digit HS codes in this heading

2.The enumeration under heading and subheading (6-digit HS codes) shall cover all goods of 8-digit HS codes in this subheading.

Code

Description

Chapter 28

Chapter 29

 

 

 

Chemicals included in the list of chemicals in table 1 and table 2 issued together with the Decree No. 100/2005/ND-CP on the implementation of Chemical Weapons Convention.

Chapter 39

3915

 

 

Waste, parings and scrap, of plastics.

Chapter 84

8418

 

 

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15.

(Only apply to those using C.F.C12 (R12) as refrigerant  whose chemical name is Dichlorodifluoromethane and chemical formula is CF2Cl2)

Note: To know which refrigerant is used, please see the Refrigerant in the catalogue of the equipment.

 

8473

 

 

Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with the machines of headings 84.69 to 84.72.

Chapter 85

8507

 

 

Electric accumulators, including separators therefor, whether or not rectangular (including square).

 

8507

10

 

Lead-acid, of a kind used for starting piston engines (used)

 

8507

20

 

Other lead-acid accumulators (used)

 

APPENDIX II

LIST OF GOODS SUSPENDED FROM TEMPORARY IMPORT, RE-EXPORT AND MERCHANTING TRADE
(Issued together with Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

1.The list shall only cover used goods

2.The enumeration under heading shall cover all goods of 8-digit HS codes in this heading

3.The enumeration under heading and subheading shall apply to all 8-digit HS codes in this subheading.

4.The enumeration specifying 8-digit HS codes apart from those under heading and subheading shall only cover goods of these 8-digit HS codes.

Chapter

Heading

Subheading

Description

Chapter 39

3918

 

 

Floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles; wall or ceiling coverings of plastics, as defined in Note 9 to this Chapter.

 

3922

 

 

Baths, shower-baths, sinks wash-basins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics.

 

3924

 

 

Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics.

 

3925

 

 

Builders’ ware of plastics not elsewhere specified or included.

 

3926

 

 

Other articles of plastics and articles of other materials of headings 39.01 to 39.14.

Chapter 40

4015

 

 

Articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber.

 

 

 

 

-Gloves, mittens and mitts:

 

4015

19

00

- -Other

 

4016

 

 

Other articles of vulcanized rubber other than hard rubber.

 

4016

91

 

- -Floor coverings and mats

 

4016

99

91

- - - -Table coverings

 

4016

99

99

- - - -Other

Chapter 42

4201

00

00

Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material.

 

4202

 

 

Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverages bags, toilet bags, rucksacks, handbags, shopping-bags, wallets, purses, map-cases, cigarette-cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jeweler boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper.

 

4203

 

 

Articles of apparel and clothing accessories, of leather or of composition leather.

Chapter 43

4303

 

 

Articles of apparel, clothing accessories and other articles of fur skin.

 

4304

 

 

Artificial fur and articles thereof.

Chapter 44

4414

00

00

Wooden frames for paintings, photographs, mirrors or similar objects.

 

4419

00

00

Tableware and kitchenware, of wood.

 

4420

 

 

Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling in Chapter 94.

 

4421

 

 

Other articles of wood.

Chapter 46

 

 

 

All articles specified in Chapter 46

Chapter 48

4814

20

00

-Wallpaper and similar wall coverings, consisting of paper coated or covered, on the face side, with a grained, embossed, colored, design-printed or otherwise decorated layer of plastics.

 

4823

 

 

Other paper, paperboard, cellulose wadding and webs of cellulose fibers, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers.

 

 

 

 

-Trays, dishes, plates, cups and the like, of paper or paperboard:

 

4823

61

00

- -Of bamboo

 

4823

69

00

- -Other

 

4823

90

 

-Other:

 

4823

90

70

- -Fans and hand screens

Chapter 50

5007

 

 

Woven fabrics of silk or of silk waste.

Chapter 51

5111

 

 

Woven fabrics of carded wool or of carded fine animal hair.

 

5112

 

 

Woven fabrics of combed wool or of combed fine animal hair.

 

5113

00

00

Woven fabrics of coarse animal hair or of horsehair.

Chapter 52

5208

 

 

Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing not more than 200 g/m2.

 

5209

 

 

Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m2.

 

5210

 

 

Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2.

 

5211

 

 

Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2.

 

5212

 

 

Other woven fabrics of cotton.

Chapter 53

5309

 

 

Woven fabrics of flax.

 

5310

 

 

Woven fabrics of jute or of other textile bast fibers of heading 53.03.

 

5311

 

 

Woven fabrics of other vegetable textile fibers; woven fabrics of paper yarn.

Chapter 54

5407

 

 

Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 54.04.

 

5408

 

 

Woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 54.05.

Chapter 55

5512

 

 

Woven fabrics of synthetic staple fibers, containing 85% or more by weight of synthetic staple fibers.

 

5513

 

 

Woven fabrics of synthetic staple fibers, containing less than 85% by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2.

 

5514

 

 

Woven fabrics of synthetic staple fibers, containing less than 85% by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2.

 

5515

 

 

Other woven fabrics of synthetic staple fibers.

 

5516

 

 

Woven fabrics of artificial staple fibers.

Chapter 57

 

 

 

All articles specified in Chapter 57

Chapter 58

 

 

 

All articles specified in Chapter 58

Chapter 60

 

 

 

All articles specified in Chapter 60

Chapter 61

 

 

 

All articles specified in Chapter 61

Chapter 62

 

 

 

All articles specified in Chapter 62

Chapter 63

6301

 

 

Blankets and travelling rugs.

 

6302

 

 

Bed linen, table linen, toilet linen and kitchen linen

 

6303

 

 

Curtains (including drapes) and interior blinds; curtain or bed valances.

 

6304

 

 

Other furnishing articles, excluding those of heading 94.04.

 

6307

10

 

-Floor-cloths, dish-cloths, dusters and similar cleaning cloths:

 

6308

00

00

Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packing for retail sale.

 

6309

00

00

Worn clothing and other worn articles.

Chapter 64

 

 

 

All articles specified in Chapter 64

Chapter 65

6504

00

00

Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed.

 

6505

 

 

Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed.

 

6506

 

 

Hats and other headgear, whether or not lined or trimmed.

 

 

 

 

-Other:

 

6506

91

00

- -Of rubber or of plastics

 

6506

99

 

- -Of other materials:

Chapter 66

6601

 

 

Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas).

 

6602

00

00

Walking-sticks, seat-sticks, whips, riding-crops and the like.

Chapter 67

6702

 

 

Artificial flowers, foliage and fruits and parts thereof; articles made of artificial flowers, foliage or fruit.

 

6703

00

00

Human hair, dressed, thinned, bleached or otherwise worked; wool or other animal hair or other textile materials, prepared for use in making wigs or the like.

 

6704

 

 

Wigs, false beards, eyebrows and eyelashes, switches and the like, of human or animal hair or of textile materials; articles of human hair not elsewhere specified or included.

Chapter 69

6910

 

 

Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures.

 

6911

 

 

Tableware, kitchenware, other household articles and toilet articles, of porcelain or china.

 

6912

00

00

Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china.

 

6913

 

 

Other furnishing articles, excluding those of heading 94.04.

 

6914

 

 

Other ceramic articles.

Chapter 70

7013

 

 

Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 70.10 or 70.18).

Chapter 71

7117

 

 

Imitation jeweler.

 

 

 

 

-Of base metal, whether or not plated with precious metal:

 

7117

19

 

- -Other:

Chapter 73

7321

 

 

Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas-rings, plate warmers and similar non-electric domestic appliances, and parts thereof, of iron or steel.

 

7323

 

 

Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel.

 

7324

 

 

Sanitary ware and parts thereof, of iron or steel.

Chapter 74

7418

 

 

Table, kitchen or other household articles and parts thereof, of copper; pot scourers and scouring or polishing pads, gloves and the like, of copper; sanitary ware and parts thereof, of copper.

Chapter 76

7615

 

 

Table, kitchen or other household articles and parts thereof, of aluminum; pot scourers and scouring or polishing pads, gloves and the like, of aluminum; sanitary ware and parts thereof, of aluminum.

Chapter 82

8210

00

00

Hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink.

 

8211

91

00

- -Table knives having fixed blades

 

8212

 

 

Razors and razor blades (including razor blade blanks in strips).

 

8214

20

00

-Manicure or pedicure sets and instruments (including nail files)

 

8215

 

 

Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware.

Chapter 83

8301

30

00

-Locks of a kind used for furniture

 

8301

70

00

-Keys presented separately

 

8302

 

 

Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddler, trunks, chests, caskets or the like; base metal hat-racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal.

 

 

 

 

-Other mountings, fittings and similar articles:

 

8302

42

 

- -Other, suitable for furniture:

 

8302

50

00

-Hat-racks, hat-pegs, brackets and similar fixtures:

 

8306

 

 

Bells, gongs and the like, non-electric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal.

Chapter 84

8415

 

 

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated.

 

8415

81

 

- -Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps):

 

8415

82

 

- -Other, incorporating a refrigerating unit:

 

8415

83

 

- -Not incorporating a refrigerating unit:

 

8415

90

 

-Parts

 

8415

90

19

- - -Other

 

8418

 

 

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15.

 

 

 

 

-Parts

 

8418

99

 

- -Other

 

8419

 

 

Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 85.14), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electric.

 

 

 

 

-Instantaneous or storage water heaters, non-electric:

 

8419

11

 

- -Instantaneous gas water heaters:

 

8419

11

10

- - -Household type

 

8419

19

 

- -Other:

 

8419

19

10

- - -Household type

 

8419

81

 

- -For making hot drinks or for cooking or heating food:

 

8421

 

 

Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus for liquids or gases.

 

 

 

 

-Filtering or purifying machinery and apparatus for liquids:

 

8421

21

 

- -For filtering or purifying water:

 

8421

21

11

- - - -Filtering machinery and apparatus for domestic use

 

 

 

 

-Parts

 

8421

91

 

- -Of centrifuges, including centrifugal dryers: (only of  goods of subheading 8421.21.11)

 

8422

 

 

Dish washing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages.

 

8422

90

 

-Parts

 

8422

90

10

- -Of machines of subheading 8422.11

 

8423

10

 

-Personal weighing machines, including baby scales; household scales

 

 

 

 

-Other weighing machinery:

 

8423

81

 

- -Having a maximum weighing capacity not exceeding 30 kg:

 

8450

 

 

Household or laundry-type washing machines, including machines which both wash and dry.

 

8450

90

 

-Parts

 

8450

90

20

- -Of machines of subheading 8450.11, 8450.12.00 or 8450.19

 

8451

30

 

-Ironing machines and presses (including fusing presses):

 

8451

30

10

- -Single roller type domestic ironing machines

 

8452

10

00

-Sewing machines of the household type

 

8471

60

 

-Input or output units, whether or not containing storage units in the same housing:

 

8471

70

 

-Storage units:

Chapter 85

8508

 

 

Vacuum cleaners.

 

8508

70

 

-Parts

 

8508

70

10

- -Of vacuum cleaners of subheading 8508.11.00 or 8508.19.10

 

8509

 

 

Electro-mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 85.08.

 

8510

 

 

Shavers, hair clippers and hair-removing appliances, with self-contained electric motor.

 

8516

 

 

Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electro-thermal hair-dressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric smoothing irons; other electro-thermal appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 85.45.

 

8518

 

 

Microphones and stands therefore; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets.

 

8518

30

 

-Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers:

 

8518

30

10

- -Headphones

 

8518

30

20

- -Earphones

 

 

 

 

- -Other combined microphone/speaker sets:

 

8518

30

51

- - -For goods of subheading 8517.12.00

 

8518

30

59

- - -Other

 

8518

40

 

-Audio-frequency electric amplifiers:

 

8518

90

 

-Parts

 

8519

 

 

Sound recording or reproducing apparatus

 

8519

30

00

-Turntables (record-decks)

 

8519

81

 

- -Using magnetic, optical or semiconductor media:

 

8519

81

10

- - -Pocket size cassette recorders, the dimensions of which do not exceed 170 mm x 100 mm x 45 mm

 

8519

81

20

- - -Cassette recorders, with built in amplifiers and one or more built in loudspeakers, operating only with an external source of power

 

8519

81

30

- - -Compact disc players

 

 

 

 

- - -Transcribing machines:

 

8519

81

49

- - - -Other

 

 

 

 

- - -Magnetic tape recorders incorporating sound reproducing apparatus, digital audio type:

 

8519

81

69

- - - -Other

 

 

 

 

- - -Other sound reproducing apparatus, cassette type:

 

8519

81

79

- - - -Other

 

 

 

 

- - -Other:

 

8519

81

99

- - - -Other

 

8521

 

 

Video recording or reproducing apparatus, whether or not incorporating a video tuner.

 

8522

 

 

Parts and accessories suitable for use solely or principally with the apparatus of heading 85.19 or 85.21.

 

8527

 

 

Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock.

 

8529

 

 

Parts suitable for use solely or principally with the apparatus of headings 85.25 to 85.28.

 

8539

 

 

Electric filament or discharge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps.

 

8539

22

 

- -Other, of a power not exceeding 200 W and for a voltage exceeding 100 V:

 

8539

22

90

- - -Other

 

8539

29

 

- -Other:

 

8539

29

50

- - -Other, having a capacity exceeding 200 W but not exceeding 300 W and a voltage exceeding 100 V

 

8539

31

 

- -Fluorescent, hot cathode:

 

8539

39

 

- -Other

Chapter 87

8711

 

 

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars.

 

8712

 

 

Bicycles and other cycles (including delivery tricycles), not motorized (except for racing bicycles of the subheading 8712.00.10)

 

8714

 

 

Parts and accessories of vehicles of headings 87.11 to 87.13 (except for parts and accessories of vehicles of the heading 87.13)

Chapter 90

9004

10

00

-Sunglasses

Chapter 91

9101

 

 

Wrist-watches, pocket-watches and other watches, including stop-watches, with case of precious metal or of metal clad with precious metal.

 

9102

 

 

Wrist-watches, pocket-watches and other watches, including stop-watches, other than those of heading 91.01.

 

9103

 

 

Clocks with watch movements, excluding clocks of heading 91.04.

 

9105

 

 

Other clocks. (except for marine chronometers having the HS code 9105.91.10 and the like)

Chapter 94

9401

30

00

-Swivel seats with variable height adjustment

 

9401

40

00

-Seats other than garden seats or camping equipment, convertible into beds.

 

9401

51

00

- -Of bamboo or rattan

 

9401

61

00

- -Upholstered:

 

9401

69

00

- -Other

 

9401

71

00

- -Upholstered:

 

9401

79

00

- -Other

 

9401

80

00

-Other seats

 

9403

10

00

-Metal furniture of a kind used in offices

 

9403

20

 

-Other metal furniture:

 

9403

30

00

-Wooden furniture of a kind used in offices

 

9403

40

00

-Wooden furniture of a kind used in the kitchens

 

9403

50

00

-Wooden furniture of a kind used in bedrooms

 

9403

60

 

-Other wooden furniture:

 

9403

70

 

-Furniture of plastics:

 

9403

81

00

- -Of bamboo or rattan

 

9403

89

 

- -Other:

 

9404

 

 

Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered.

 

9405

10

40

- - -Fluorescent lamps and lighting fittings

 

9405

10

90

- - -Other

 

9405

20

90

- -Other

 

9405

30

00

-Lighting sets of a kind used for Christmas trees

 

9405

50

11

- - -Of brass of a kind used for religious rites

 

9405

50

19

- - -Other

 

9405

50

40

- -Hurricane lamps

 

9405

50

90

- -Other

Chapter 95

9504

 

 

Video game consoles and machines, articles for funfair, table or parlour games, including pintables, billiards, special tables for casino games and automatic bowling alley equipment.

 

9505

 

 

Festive, carnival or other entertainment articles, including conjuring tricks and novelty jokes.

Chapter 96

9603

21

00

- -Tooth brushes, including dental-plate brushes

 

9603

29

00

- -Other

 

9603

90

 

-Other

 

9605

00

00

Travel sets for personal toilet, sewing or shoe or clothes cleaning.

 

9613

 

 

Cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks.

 

9614

 

 

Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof.

 

9615

 

 

Combs, hair-slides and the like; hair pins, curling pins, curling grips, hair-curlers and the like, other than those of heading 85.16, and parts thereof.

 

9617

00

10

-Vacuum flasks and other vacuum vessels

 

APPENDIX III

THE LIST OF FROZEN FOODS
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017_

1.The list shall only cover frozen goods, excluding fresh, chilled, salted, salted, dried or smoked foods.

2.The enumeration under a chapter shall cover all frozen foods of 8-digit HS codes of this chapter.

3.The enumeration specifying 8-digit HS codes apart from those under the chapter shall only cover frozen foods of these 8-digit HS codes.

Code

Description

Chapter 02

Meat and edible meat offal

Chapter 03

Fishes and crustaceans, mollusks and other aquatic invertebrates

Chapter 05

Products of animal origin, not elsewhere specified or included

0504

00

00

Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked.

 

 

 

 

APPENDIX IV

LIST OF GOODS SUBJECT TO EXCISE TAXES
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017)

The enumeration under heading shall cover all goods of 8-digit HS codes of this heading.

Code

Description

Chapter 22

2203

Beer made from malt

 

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09

 

2205

Vermouth and other wine of fresh grapes flavored with plants or aromatic substances.

 

2206

Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included.

 

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; spirits, liqueurs and other spirituous beverages.

Chapter 24

2402

Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

 

APPENDIX V

LIST OF USED GOODS
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017)

1.The list shall only cover used goods.

2.The heading 8418 in this list shall not cover the goods included in the list of goods prohibited from temporary import, re-export and merchanting trade specified in Appendix I of this Circular.

3.The heading 8703 in this list shall only cover cars that had been used for more than 5 years counting from the year of production to the year of import.

4.The enumeration under heading shall cover all goods of 8-digit HS codes of this heading.

5.The enumeration under heading and subheading shall cover all goods of 8-digit HS codes of this subheading.

6.The enumeration specifying 8-digit HS codes apart from those under the heading and subheading shall only cover goods of these 8-digit HS codes.

Code

Description

Chapter 40

4012

 

 

Retreaded or used pneumatic tires of rubber; solid or cushion tires, tire treads and tire flaps, of rubber.

Chapter 84

8414

 

 

Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters.

 

 

 

 

-Fans:

 

8414

51

 

- -Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125W:

 

8414

59

 

- -Other:

 

8415

 

 

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated.

 

8415

10

 

-Window or wall types, self-contained or “split-system”:

 

8415

20

 

-Of a kind used for persons, in motor vehicles:

 

8418

 

 

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15.

 

8418

10

 

-Combined refrigerator-freezers, fitted with separate external doors:

 

8418

10

10

- -Household type

 

 

 

 

-Refrigerators, household type:

 

8418

21

00

- -Compression-type

 

8418

29

00

- -Other

 

8418

30

 

-Freezers of the chest type, not exceeding 800 liter capacity:

 

8418

30

10

- -Not exceeding 200 liter capacity

 

8418

40

 

-Freezers of the upright type, not exceeding 900 liter capacity:

 

8418

40

10

- -Not exceeding 200 liter capacity

 

8421

12

00

- -Clothes-dryers

 

8422

 

 

Dish washing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages.

 

 

 

 

-Dish washing machines:

 

8422

11

00

- -Household type:

 

8450

 

 

Household or laundry-type washing machines, including machines which both wash and dry.

 

 

 

 

-Machines, each of a dry linen capacity not exceeding 10 kg:

 

8450

11

 

- -Fully-automatic machines:

 

8450

12

00

- -Other machines, with built-in centrifugal drier

 

8450

19

 

- -Other:

 

8450

20

00

-Machines, each of a dry linen capacity exceeding 10 kg:

 

8471

 

 

Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included.

 

8471

30

 

-Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display:

 

 

 

 

-Other automatic data processing machines:

 

8471

41

 

- -Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined:

 

8471

41

10

- - -Personal computers excluding portable computers of subheading 8471.30

 

8471

49

 

- -Other, presented in the form of systems:

 

8471

49

10

- - -Personal computers excluding portable computers of subheading 8471.30

 

8471

50

10

- -Processing units for personal (including portable) computers

Chapter 85

8508

 

 

Vacuum cleaners.

 

 

 

 

-With self-contained electric motor:

 

8508

11

00

- -Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 liters

 

8508

19

 

- -Other:

 

8517

 

 

Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless networks (such as a local or wide area network), other than transmission or reception apparatus of headings 84.43, 85.25, 85.27 or 85.28.

 

 

 

 

-Telephone sets, including telephones for cellular networks or for other wireless networks:

 

8517

11

00

- -Line telephone sets with cordless handsets

 

8517

12

00

- -Telephones for cellular networks or for other wireless networks

 

8517

18

00

- -Other

 

8518

 

 

Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets.

 

 

 

 

-Loudspeakers, whether or not mounted in their enclosures:

 

8518

21

 

- -Single loudspeakers, mounted in their enclosures:

 

8518

22

 

- -Multiple loudspeakers, mounted in the same enclosure:

 

8518

50

 

-Electric sound amplifier sets:

 

8525

80

 

-Television cameras, digital cameras and video camera recorders

 

8528

 

 

Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.

 

 

 

 

-Other monitors:

 

8528

51

 

- -Of a kind solely or principally used in an automatic data processing system of heading 84.71:

 

8528

51

20

- - -Other, color

 

8528

51

30

- - -Other, monochrome

 

 

 

 

-Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus:

 

8528

72

 

- -Other, color

 

8528

73

00

- -Other, monochrome

Chapter 87

8703

 

 

Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), including station wagons and racing cars.

 

 

 

 

-Other vehicles, with spark-ignition internal combustion reciprocating piston engine:

 

8703

21

 

- -Freezers of the chest type, not exceeding 1.000cc  capacity:

 

8703

21

10

- - -Go-karts

 

8703

21

24

- - - - -Four-wheel drive

 

8703

21

29

- - - - -Other

 

8703

21

92

- - - -Motor-homes

 

8703

22

 

- -Of a cylinder capacity exceeding 1,000 cc but not exceeding 1,500 cc:

 

8703

22

19

- - - -Other

 

8703

22

92

- - - -Motor-homes

 

8703

22

99

- - - -Other

 

8703

23

 

- -Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc:

 

8703

23

40

- - -Motor-homes

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), other:

 

8703

23

61

- - - -Of a cylinder capacity not exceeding 1,800 cc

 

8703

23

62

- - - -Of a cylinder capacity exceeding 1.800cc cc but not exceeding 2,000 cc:

 

8703

23

63

- - - -Of a cylinder capacity exceeding 2.000cc cc but not exceeding 2.500cc cc:

 

8703

23

64

- - - -Of a cylinder capacity exceeding 2,500 cc

 

 

 

 

- - -Other:

 

8703

23

91

- - - -Of a cylinder capacity not exceeding 1,800 cc

 

8703

23

92

- - - -Of a cylinder capacity exceeding 1.800cc cc but not exceeding 2,000 cc:

 

8703

23

93

- - - -Of a cylinder capacity exceeding 2.000cc cc but not exceeding 2,500 cc:

 

8703

23

94

- - - -Of a cylinder capacity exceeding 2,500 cc

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans) and other types:

 

8703

24

 

- -Of a cylinder capacity exceeding 3,000 cc

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans) and other types:

 

8703

24

51

- - - -Four-wheel drive

 

8703

24

59

- - - -Other

 

8703

24

70

- - -Motor-homes

 

 

 

 

- - -Other:

 

8703

24

91

- - - -Four-wheel drive

 

8703

24

99

- - - -Other

 

 

 

 

-Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel):

 

8703

31

 

- -Of a cylinder capacity not exceeding 1,500 cc:

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), Completely Knocked Down:

 

8703

31

20

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), other

 

8703

31

50

- - -Motor-homes

 

 

 

 

- - -Other:

 

8703

31

91

- - - -Four-wheel drive

 

8703

31

99

- - - -Other

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans) and other types:

 

 

 

 

- - - -Of a cylinder capacity not exceeding 2,000 cc:

 

8703

32

52

- - - - -Four-wheel drive

 

8703

32

53

- - - - -Other

 

 

 

 

- - - -Other:

 

8703

32

54

- - - - -Four-wheel drive

 

8703

32

59

- - - - -Other

 

8703

32

60

- - -Motor-homes

 

 

 

 

- - -Other:

 

 

 

 

- - - -Of a cylinder capacity not exceeding 2,000 cc:

 

8703

32

92

- - - - -Four-wheel drive

 

8703

32

93

- - - - -Other

 

 

 

 

- - - -Other:

 

8703

32

94

- - - - -Four-wheel drive

 

8703

32

99

- - - - -Other

 

 

 

 

- -Of a cylinder capacity exceeding 2,500 cc

 

 

 

 

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), other:

 

 

 

 

- - - -Of a cylinder capacity exceeding 2,500 cc but not exceeding 3,000 cc:

 

8703

33

53

- - - - -Four-wheel drive

 

8703

33

54

- - - - -Other

 

 

 

 

- - - -Of a cylinder capacity exceeding 3,000 cc

 

8703

33

55

- - - - -Four-wheel drive

 

8703

33

59

- - - - -Other

 

8703

33

70

- - -Motor-homes

 

 

 

 

- - -Other:

 

8703

33

91

- - - -Four-wheel drive

 

8703

33

99

- - - -Other

 

 

 

 

-Other:

 

8703

90

 

- -Electrically-powered vehicles:

 

8703

90

12

- - -Go-karts

 

8703

90

19

- - - -Other

 

 

 

 

- -Other:

 

8703

90

50

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), Completely Knocked Down

 

8703

90

70

- - -Motor cars (including station wagons, SUVs and sports cars, but not including vans), other

 

8703

90

90

- - -Other

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX VI

SPECIMEN OF APPLICATION FORM FOR CERTIFICATE OF ELIGIBILITY FOR TEMPORARY IMPORT
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017)

Specimen (1) applying to the certificate of eligibility for temporary import of frozen foods specified in Appendix III

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

APPLICATION FORM FOR

Certificate of eligibility for temporary import of frozen Foods

To: The Ministry of Industry and Trade

1.Name of the applicant:

-Address of head office:   Phone number: Fax:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

Pursuant to the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 and the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the enterprise applies for the certificate of eligibility for temporary import of frozen foods.

2.Warehouses serving the temporary import of frozen foods of the applicant

 

No.

Name of warehouse

Address

Form of ownership

 (Owned or rented)

Capacity

(m2/container)

Note

1.

………

………

………

………

………

2.

………

………

………

………

………

3.Power sources for keeping frozen foods:

-Electrical grid (specify quantity of substations, capacity of each substation).

-Standby generators (specify quantity of generators, brands, capacity and serial number of each generator).

-Dedicated sockets (quantity).

4. Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal.

-The original copy of the written confirmation of the credit institution about the payment of deposit as prescribed.

-The original copy of the written confirmation of electric authority showing that the applicant’s warehouses have sufficient power sources to operate refrigerated containers corresponding to warehouses’ capacity.

-Documents proving the accuracy of provided information of warehouses and equipment specified in Section 2 and 3 of this form.

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on temporary import and re-export of frozen goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

 

Specimen (2) applying to goods subject to excise taxes specified in Appendix IV or used goods specified on Appendix V

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

APPLICATION FORM FOR

Certificate of eligibility for temporary import of goods subject to excise taxes or used goods

To: The Ministry of Industry and Trade

1.Name of the applicant:

-Address of head office:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

Pursuant to the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 and the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the enterprise applies for the certificate of eligibility for temporary import of goods subject to excise taxes or used goods.

2. Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal.

-The original copy of the written confirmation of the credit institution about the payment of deposit as prescribed.

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on temporary import and re-export of goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

 

APPENDIX VII

SPECIMEN OF CONFIRMATION OF PAYMENT OF DEPOSIT MADE BY ENTERPRISE
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017)

[NAME OF CREDIT INSTITUTION]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

CONFIRMATION

OF PAYMENT OF DEPOSIT MADE BY ENTERPRISE IN ACCORDANCE WITH REGULATIONS OF GOVENRMENT S DECREE NO. 77/2016/ND-CP AND CIRCULAR NO. 11/2017/TT-BCT OF MINISTRY OF INDUSTRY AND TRADE

Name of credit institution:

Address:        Phone number:

Confirms that:

1.Name of the enterprise:

-Address of head office: Phone number: Fax:

-Business Registration Certificate No. ………….  Issued by…………on………….

-Account number:

Has paid [amount of deposit] into above-specified account.

2.The abovementioned deposit shall be paid into a blocked account at…in accordance with regulations of the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 and the Circular No. 11 /2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017 on the temporary import, re-export, temporary export, re-import and merchanting trade of goods

3.The above-specified deposit shall only be used or returned to the enterprise according to a written request of the People’s Committee of the province or the Ministry of Industry and Trade in accordance with regulations of Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade.

 

 

Head of credit institution
 
(Signature, name, position and seal)

 

APPENDIX VIII

SPECIMEN OF REGULAR REPORT ON TEMPORARY IMPORT, RE-EXPORT AND MERCHANTING TRADE OF GOODS
(ONLY APPLY TO GOODS SPECIFIED IN APPENDICES III, IV AND V)

(Of Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

[NAME OF ENTERPRISE]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:
Re: Report on the temporary import and re-export of goods in the [..] quarter

......,[Place and time]

 

To: The Ministry of Industry and Trade

Pursuant to the Circular No. 11 /2017/TT-BCT of the Ministry of Industry and Trade, the enterprise submits a report on the temporary import and re-export of goods in the [...] quarter. In particular:

Name of goods

HS code

License issued by the Ministry of Industry and Trade No.
(If any)

Temporary import

Re-export

Quantity of goods that have not been re-exported and still stored  in warehouses/ports
(specify names of warehouses/ports)

 

Quantity or volume
(40’ Cont/pcs/metric ton

Value
(USD)

Quantity or volume
(40’ Cont/pcs/ metric ton

Value
(USD)

Border checkpoint of import

Quantity
(40’ Cont/pcs/metric ton

Value
(USD)

Border checkpoint of export

Quantity or volume
(40’ Cont/pcs/metric ton

Value
(USD)

 

 

The name of goods shall be declared specifically

8-digit codes of goods shall be specified

 

 

 

 

 

 

 

 

 

 

 

*If there are goods stored in warehouses, ports and border checkpoints at the time of report, the enterprise shall specify:

-Quantity or volume of goods:……………., in which:

+ Quantity or volume of goods that have been imported to Vietnam but have not been gone through procedures for temporary import:

+ Quantity or volume of goods that have been gone through procedures for temporary import but have not been exported from Vietnam to foreign countries:

-Reasons why the goods have not been re-exported:

-Period of storage of goods at warehouses, ports and border checkpoints:

-Planned time for moving goods:

The enterprise declares that the information provided above is true and takes legal responsibility for inaccurate information.

 

 

Legal representative of enterprise
(Signature, name, position and seal)

 

APPENDIX IX

APPLICATION FORM FOR LICENSE FOR TEMPORARY IMPORT, RE-EXPORT, TEMPORARY EXPORT, RE-IMPORT AND MERCHANTING TRADE OF GOODS
(Issued together with the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017)

Specimen (1) applying to temporary import and re-export of goods

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

To: The Ministry of Industry and Trade

-Name of the applicant:

-Address of head office: Phone number: Fax:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

-Number of certificate of eligibility for temporary import (if any):

Pursuant to the Circular No.  /2017/TT-BCT of the Ministry of Industry and Trade dated…, the enterprise applies for temporary import of the following goods:

No.

Name of goods

8-digit HS code

Quantity or volume

Value
(USD)

 

 

 

 

 

 

 

 

 

 

-The foreign seller:

+ According to the import contract No.  made on..............................

+ Border checkpoint of import:..............................

-The foreign buyer:

+ According to the export contract No.             made on……………….

+Border checkpoint of export:

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on temporary import and re-export of goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal.

-Copies of import and export contracts bearing the applicant’s certification seal.

-The original copy of the report on the temporary import according the issued license certified by the customs authority using the specimen in Appendix X.

 

Specimen (2) applying to certificates of eligibility for temporary import and re-export of goods via other forms

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

To: The Ministry of Industry and Trade

-Name of the applicant:

-Address of head office: Phone number: Fax:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

Pursuant to the Circular No. 11 /2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the trader applies for temporary import and re-export of the following goods:

No.

Name of foods

8-digit HS code

Quantity or volume

Value
(USD)

 

 

 

 

 

 

 

 

 

 

-Purposes of temporary import and re-export:

-The foreign lessor:

-According to the export contract No.             made on………….

-  Border checkpoint of import:

-  Border checkpoint of export:

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on temporary import and re-export of goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

-A copy of the contract for rent or borrowing of goods bearing the applicant’s certification seal;

-A copy of written approval of the Ministries and ministerial authorities for the temporary import of goods bearing the applicant s certification seal.

 

Specimen (3) applying to certificates for eligibility for temporary export and re-import of goods

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

To: The Ministry of Industry and Trade

-Name of the applicant:

-Address of head office: Phone number: Fax:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

Pursuant to the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the trader applies for temporary export and re-export of the following goods:

No.

Name of goods

8-digit HS code

Quantity or volume

Value
(USD)

 

 

 

 

 

 

 

 

 

 

-Purposes of temporary export and re-import:

-According to the contract for repair or maintenance of goods or contract for rent or borrowing of goods  No.             made on

-Border checkpoint of export:

-Border checkpoint of import:

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on temporary export and re-import of goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

-A copy of the contract for repair or maintenance of goods or contract for rent or borrowing of goods bearing the applicant’s certification seal.

 

Specimen (4) applying to certificates of eligibility for merchanting trade of goods

[NAME OF APPLICANT]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:……

......,[Place and time]

 

To: The Ministry of Industry and Trade

-Name of the applicant:

-Address of head office: Phone number: Fax:

-Website (if any):

-Business Registration Certificate No. ………….  Issued by…………on………….

Pursuant to the Circular No. 11/2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the trader applies for merchanting trade of the following goods:

No.

Name of goods

8-digit HS code

Quantity or volume

Value
(USD)

 

 

 

 

 

 

 

 

 

 

-The foreign seller:

+ According to the import contract No.  made on..............................

+ Border checkpoint of import: ..............................

-The foreign buyer:

+ According to the export contract No.             made on

+ Border checkpoint of export:

The applicant shall take legal responsibility for contents of documents enclosed with this application form and make a commitment on the compliance with regulations on merchanting trade of goods.

 

 

Legal representative of applicant
(Signature, name, position and seal)

Attached documents:

-A copy of Business Registration Certificate or Enterprise Registration Certificate bearing the applicant’s certification seal;

-Copies of import and export contracts bearing the applicant’s certification seal.

-The original copy of the report on the merchanting trade carried out according to the issued license certified by the customs authority using the specimen in Appendix X.

 

APPENDIX X

REPORT ON TEMPORARY IMPORT, RE-EXPORT AND MERCHANTING TRADE OF GOODS
(Issued together with Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

[NAME OF TRADER]

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

No:
Re: Report on the temporary import, re-export and merchanting trade of goods in the [..] quarter

......,[Place and time]

 

To: The Ministry of Industry and Trade

Pursuant to the Circular No. 11 /2017/TT-BCT of the Ministry of Industry and Trade dated July 28, 2017, the enterprise submits a report on the temporary import, re-export and merchanting trade of goods in the ….quarter. To be specific:

Name of goods

HS code

License issued by the Ministry of Industry and Trade No.
(If any)

Temporary import

Re-export

Quantity of goods that have not been re-exported and still stored  in warehouses/ports
(If any)

 

Quantity or volume
(pcs/ metric ton)

Value
(USD)

Quantity or volume
(pcs/ metric ton)

Value
(USD)

Border checkpoint of import

Quantity or volume
(pcs/ metric ton)

Value
(USD)

Border checkpoint of export

Quantity or volume
(pcs/ metric ton)

Value
(USD)

 

 

The name of goods shall be declared specifically

8-digit codes of goods shall be specified

 

 

 

 

 

 

 

 

 

 

 

The trader declares that the information provided above is true and takes legal responsibility for the inaccurate information.

 

 

Legal representative of trader
(Signature, name, position and seal)

 

CONFIRMATION PROVIDED BY CUSTOMS AUTHORITY

 

APPENDIX XI

REPORT ON TEMPORARY IMPORT AND RE-EXPORT OF GOODS
(Issued together with Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

No.

Types of goods

HS code

Temporary import of goods

Re-export of goods

Border checkpoint

In each quarter

Accumulated from the beginning of year

Border checkpoint

In each quarter

Accumulated from the beginning of year

Quantity or volume

Value
(USD)

Quantity or volume

Value
(USD)

 

Quantity or volume

Value
(USD)

Quantity or volume

Value
(USD)

1

Temporary imports subject to certain conditions

 

 

 

 

 

 

 

 

 

 

 

 

-Frozen foods specified in Appendix III

8-digit codes of goods shall be specified

 

 

 

 

 

 

 

 

 

 

-Goods subject to excise taxes specified in Appendix IV

 

 

 

 

 

 

 

 

 

 

-Used goods specified in Appendix V

 

 

 

 

 

 

 

 

 

 

2

Other temporary imports

8-digit codes of goods shall be specified

 

 

 

 

 

 

 

 

 

 

 

APPENDIX XII

LIST OF CASES OF VIOLATIONS OF REGULATIONS ON TEMPORARY IMPORT, RE-EXPORT AND MERCHANTING TRADE OF GOODS
(Issued together with Circular No.11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade)

No.

Name of violator

 Area in violation

Goods in violation (Name and HS code)

Quantity or volume and value of goods in violation

Form of violation

Implemented remedial measures
(re-export destruction, etc.)

Suggestion for taking actions against violations
(Revocation or suspension of certificate of eligibility for temporary import or other measures)

1

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

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