Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Ministry of Industry and Trade on detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management

CIRCULAR

Detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

At the proposal of the Director of the Import and Export Department,

The Minister of Industry and Trade promulgates the Circular detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides:

1. The detailed List of used consumer goods, medical equipment and means banned from import by harmonized system (HS) code which are managed by the Ministry of Industry and Trade.

2. The detailed List of goods suspended from temporary import for re-export or from border-gate transfer by HS code.

3. Forms of applications, requests and reports, and licensing agencies of the Ministry of Industry and Trade under the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management (below referred to as Decree No. 69/2018/ND-CP).

4. Import tariff quotas.

Article 2. Subjects of application

This Circular applies to Vietnamese traders, and organizations and individuals involved in foreign trade activities defined in the Law on Foreign Trade Management.

Chapter II

LISTS OF GOODS

Article 3. List of goods banned from import

To issue the detailed List of used consumer goods, medical equipment and means banned from import by HS code which are managed by the Ministry of Industry and Trade in Appendix I to this Circular.

Article 4. List of goods suspended from temporary import for re-export or from border-gate transfer

1. To issue the detailed List of goods suspended from temporary import for re-export or from border-gate transfer by HS code in Appendix II to this Circular.

2. The List of goods specified in Clause 1 of this Article does not apply to cases of border-gate transfer where goods are transported directly from exporting countries to importing countries not via Vietnam’s border gates.

Chapter III

FORMS OF APPLICATIONS, REQUESTS AND REPORTS, AND LICENSING AGENCIES

Article 5. Certificates of free sale (CFS)

1. The form of an application for a CFS is provided in Appendix III to this Circular.

2. Agencies granting CFS for exported goods which are managed by the Ministry of Industry and Trade:

- Import and Export Management Division of Hanoi region, Import and Export Department, Ministry of Industry and Trade, at 25 Ngo Quyen street, Hoan Kiem district, Hanoi city.

- Import and Export Management Division of Da Nang region, Import and Export Department, Ministry of Industry and Trade, at 7B Cach Mang Thang Tam street, Hai Chau district, Da Nang city.

- Import and Export Management Division of Ho Chi Minh City region, Import and Export Department, Ministry of Industry and Trade, at 8^th Floor, 12 Nguyen Thi Minh Khai Building, District 1, Ho Chi Minh City.

Article 6. Temporary import for re-export business licenses; licenses for temporary import for re-export in other forms; temporary export for re-import licenses; and border-gate transfer business licenses

1. The form of application for a license is provided in Appendix IV to this Circular.

2. The form of report on compliance with the granted temporary import for re-export business licenses or border-gate transfer business licenses under Point d, Clause 1, and Point d, Clause 4, Article 19 of Decree No. 69/2018/ND-CP is provided in Appendix V to this Circular.

3. Licensing agency: Import and Export Department, Ministry of Industry and Trade, at 54 Hai Ba Trung street, Hoan Kiem district, Hanoi city.

Article 7. Codes of temporary import for re-export business

1. The form of application for a code of temporary import for re-export business is provided in Appendix VI to this Circular.

2. The form of written certification of deposit made by enterprises is provided in Appendix VII to this Circular.

3. The form of periodical report on temporary import for re-export of goods for implementation of the provisions of Clause 5, Article 31 of Decree No. 69/2018/ND-CP is provided in Appendix VIII to this Circular.

Quarterly reports shall be sent before the 10^th of the first month of the subsequent quarter to the Import and Export Department, Ministry of Industry and Trade, at 54 Hai Ba Trung street, Hoan Kiem district, Hanoi city, and via this Department’s email for receiving reports.

4. Agency granting codes of temporary import for re-export business: Ministry of Industry and Trade, at 54 Hai Ba Trung street, Hoan Kiem district, Hanoi city.

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