VietnameseCircular No. 17/2008/TT-BTC dated December 12, 2008 of the Ministry of Industry and Trade providing guidance on automatic import licensing for a number of commodity items
ATTRIBUTE
| Issuing body: | Ministry of Industry and Trade | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 17/2008/TT-BCT | Signer: | Bui Xuan Khu |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 12/12/2008 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Export - Import , Policy |
THE MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIET NAM |
No. 17/2008/TT-BCT | Hanoi, December 12, 2008 |
CIRCULAR
PROVIDING GUIDANCE ON AUTOMATIC IMPORT LICENSING FOR A NUMBER OF COMMODITY ITEMS
Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods trading and goods trading agency, processing and transit with foreign parties;
Pursuant to the Prime Minister's Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing;
The Ministry of Industry and Trade guides automatic import licensing for a number of commodity items as follows;
I. GENERAL PROVISIONS
1. Importers of goods on the List specified in Appendix 1 to this Circular must possess automatic import licenses granted by the Ministry of Industry and Trade.
2. An automatic import license shall be granted to a trader by the Ministry of Industry and Trade in the form of certification of the trader's application for import registration for each goods lot. Particularly for goods imported via land border gates or imported from non-tariff areas (including bonded warehouses) into the inland, their import registration shall be certified within 30 days.
3. Goods imported in the following cases are not governed by this Circular and must comply with current regulations:
- Goods temporarily imported for re-export, temporarily exported for re-import, transferred out of border gate or transited.
- Imported non-commercial goods.
- Goods imported directly for production and processing (including goods imported for assembly, repair or warranty).
- Goods imported from abroad into non-tariff areas (including bonded warehouses), and goods produced, processed or assembled in non-tariff areas which are imported into the inland.
- Goods imported for trading at duty-free shops.
- Goods imported for the formation of fixed assets of investment projects under the Investment Law.
4. When carrying out import procedures, a trader shall produce to the customs office an automatic import registration application already certified by the Ministry of Industry and Trade, enclosed with the import dossier set undercurrent regulations, and observe regulations on policies applicable to imported goods, exported goods, goods subject to specialized management and goods subject to conditional trading.
II. REGISTRATION FOR AUTOMATIC IMPORT LICENSING
1. A dossier of registration for automatic import licensing comprises:
- A written application for automatic import registration: 2 copies, made according to the form in Appendix 2 to this Circular (not printed herein).
- The business registration certificate, the investment certificate or the business license: one copy (appended with the trader's true copy mark).
- The import contract: one copy (appended with the trader's true copy mark).
- L/C, payment document or via-bank payment certification (enclosed with a written request for via-bank payment certification), made according to the form in Appendices 3(A) and 3(B) (not printed herein): one copy (appended with the trader's true copy mark).
- Bill of lading or transportation document for the goods lot: one copy (appended with the trader's true copy mark).
In case import registration is certified within a certain time limit (for goods imported via road border gates or imported from non-tariff areas or bonded warehouses), the bill of lading or transportation document is not required but the report on the import (made according to the form in Appendix 4 - not printed herein) of the certified previous import registration application is required
2. Places of receipt of dossiers of registration for automatic import licensing:
Traders shall send dossiers of registration for automatic import licensing to:
- The Industry and Trade Ministry's headquarters at 54 Hai Ba Trung street, Hoan Kiem district, Hanoi city.
- The Industry and Trade Ministry representative office's headquarters at 45 Tran Cao Van, Ward 6, District III, Ho Chi Minh City.
3. Time limit for automatic import licensing:
An automatic import license shall be granted within 5 working days from the date the Ministry of Industry and Trade receives a trader's complete and valid dossier.
4. The director or a deputy director of the Import and Export Department or the director-head of the Industry and Trade Ministry's representative office in Ho Chi Minh City shall sign for certification, automatic import registration as authorized by the Minister of Industry and Trade and use the seal of the Ministry of Industry and Trade or of its representative office in Ho Chi Minh City.
III. IMPLEMENTATION PROVISIONS
1. This Circular takes effect 21 days after its publication in "CONG BAO."
2. Automatic import licenses granted by the Ministry of Industry and Trade prior to January I, 2009. under the Industry and Trade Ministry's Decision No. 24/2008/QD-BCT of August I, 2008, on automatic import licensing for a number of commodity items, are still valid according to the certified contents.
3. Concerned traders and organizations should report in writing problems arising in the course of implementation of this Circular to the Ministry of Industry and Trade for timely settlement.
| FOR THE MINISTER OF INDUSTRY AND TRADE |
APPENDIX 1
(To the Industry and Trade Ministry's Circular No. 17/2008/TT-BCT of December 12, 2008)
Heading | Description | |||
|
|
|
| Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations |
3303 | 00 | 00 | 00 | Perfumes and toilet waters |
3304 |
|
|
| Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations: manicure or pedicure preparations |
3305 |
|
|
| Preparations for use on the hair |
3306 |
|
|
| Preparations for oral or dental hygiene, including denture fixative pastes and powders: yarn used to clean between the teeth (dental floss), in individual retail packages |
3307 |
|
|
| Pre-shave. shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties |
|
|
|
| Chapter 39 Plastics and articles thereof |
3922 |
|
|
| Baths, shower-baths, sinks, wash-basins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics (except HS heading 3922 90 11 00) |
3924 |
|
|
| Tableware, kitchenware, other household articles and toilet articles, of plastics (except HS heading 3924 90 10 00.) |
|
|
|
| Chapter 69 Ceramic and porcelain products |
6910 |
|
|
| Ceramic or porcelain sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures |
6911 |
|
|
| Tableware, kite hen ware, other household articles and toilet articles, of porcelain or china |
6912 | 00 | 00 | 00 | Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china |
|
|
|
| Chapter 70 Glass and glassware |
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 73 Articles of iron or steel |
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 (except heading 7321 90) |
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 76 Aluminum and articles thereof |
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 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof |
8413 | 20 | 10 | 00 | - - Water pumps |
8413 | 70 | 22 | 00 | ---Impulse-turbo water pumps of a capacity not exceeding 100 W, of a kind for household use |
8414 | 51 |
|
| - - Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 W: |
8415 | 10 | 00 |
| - Window or wall types, self-contained or "split-system": |
8415 | 81 | 91 | 10 | - - - - Of an output exceeding 21.1 kW but not exceeding 26.38 kW |
8415 | 81 | 99 | 10 | - - - - -Of an output not exceeding 21.1 kW |
8415 | 81 | 99 | 20 | - - - - -Of an output exceeding 21.1 kW but not exceeding.26.38 kW |
8415 | 82 | 90 | 10 | - - - -Of an output not exceeding 26.38 kW |
8415 | 83 | 90 | 10 | - - - -Of an output not exceeding 26.38 kW |
8418 | 10 | 10 | 00 | - - For domestic use |
8418 | 21 | 00 | 00 | - - Compression-type |
8418 | 29 | 00 | 00 | - - Other |
8418 | 30 | 00 | 10 | - - Not exceeding 200 liters capacity |
8418 | 40 | 00 | 10 | - - Not exceeding 200 liters capacity |
8419 | 11 | 10 | 00 | - - - For domestic use |
8419 | 19 | 10 | 00 | - - - For domestic use |
8419 | 81 |
|
| - - For making hot drinks or for cooking or heating food: |
8421 | 12 | 00 | 00 | - - Clothes-dryers |
8421 | 21 | 11 | 00 | - - - - Filtering machinery and apparatus for domestic use |
8421 | 21 | 21 |
| - - - - Filtering machinery and apparatus for domestic use: |
8421 | 22 |
|
| - - For filtering or purifying beverages other than water: |
8422 | 11 |
|
| - - For domestic use: |
8443 | 31 |
|
| - - Machines with two or three combined functions as printer, photocopier or fax machine, which can be connected to automatic data processors or to the network: |
8443 | 32 |
|
| - - Other, which can be connected to automatic data processors or to the network (except HS subheading 84.43.32.50.00) |
8443 | 39 |
|
| - - Other: |
8450 |
|
|
| Household or laundry-type washing machines, including machines which both wash and dry (except HS subheadings 84.50.20.00 and 84.50.90) |
8451 | 21 | 00 | 00 | - - Each of a dry linen capacity not exceeding 10 kg |
8451 | 80 | 10 | 00 | - - For domestic use |
8470 | 10 | 00 | 00 | - Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions |
8470 | 21 | 00 | 00 | - - Incorporating a printing device |
8470 | 29 | 00 | 00 | - - Other |
8470 | 30 | 00 | 00 | - Other calculating machines |
8471 | 30 | 10 | 00 | - - Personal digital assistants (PDAs) |
8471 | 30 | 20 | 00 | - - Portable computers, including notebooks and sub-notebooks |
8471 | 30 | 90 | 90 | - - - Other |
8471 | 41 | 10 | 00 | - - - Personal computers, other than portable computers of subheading S4.71.30 |
8471 | 41 | 90 | 90 | - - - - Other |
8471 | 49 | 10 | 00 | - - - Personal computers, other than portable computers of subheading S4.71.30 |
8471 | 49 | 90 | 90 | - - - - Other |
|
|
|
| Chapter 85 Electrical machinery and equipment; and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles |
8508 | 11 | 00 | 00 | - - Of a capacity not exceeding 1,500 W, with dust-containing bags or other containers of a capacity not exceeding 20 liters |
8508 | 19 | 00 | 10 | - - - For domestic us |
8509 |
|
|
| Electro-mechanical domestic appliances, with self-contained electric motors (except HS heading 85.09.90) |
8510 |
|
|
| Shavers, hair clippers and hair-removing appliances, with self-contained electric motor (except HS heading 85.10.90.00.00) |
8516 |
|
|
| Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electro-thermic hair-dressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers: electric smoothing irons; other electro-thermic appliances of a kind used for domestic purposes; electric heating resistors other than those of heading 85.45 (except HS headings 8516 40 10 00, 8516 80 and 85 16 90) |
8517 | 11 | 00 | 00 | - - Line telephone sets with cordless handsets |
8517 | 12 | 00 | 00 | - - Telephones for cellular networks or telephones used for other cordless networks |
8518 | 10 | 19 | 00 | - - - Other microphones, whether or not with their stands |
8518 | 10 | 90 | 00 | - - - Other |
8518 | 21 | 00 | 00 | - - Single loudspeakers, mounted in their enclosures |
8518 | 22 | 00 | 00 | - - Multiple loudspeakers, mounted in the same enclosure |
8518 | 29 | 10 | 00 | - - - Box assembly speakers |
8518 | 30 |
|
| - Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: |
8518 | 40 | 90 | 00 | - - Oilier |
8518 | 50 | 00 | 90 | - - Other |
8519 | 30 | 00 | 00 | - Record-players (maybe with recording apparatus) without amplifiers and loudspeakers |
8519 | 81 | 10 | 00 | - - - Pocket-size cassette-recorders, of a size not exceeding 170 mm x 100 mm x 45 mm |
8519 | 81 | 20 | 00 | - - - Cassette-tape recorder, with amplifier and one or many loudspeakers, operated only by external power source |
8519 | 81 | 30 | 00 | - - - Compact disc players |
8519 | 81 | 70 | 90 | - - - - Other |
8519 | 81 | 90 | 90 | - - - - Other |
8519 | 89 | 20 | 00 | - - - Sound reproducing recorders, with or without loudspeakers |
8519 | 89 | 90 | 90 | - - - - Other |
8521 | 10 | 00 | 90 | - - Other |
8521 | 90 | 19 | 00 | - - - Other |
8521 | 90 | 99 | 00 | - - - Other |
8525 | 80 |
|
| - Television cameras, digital cameras and still image video cameras: |
8527 | 12 | 00 | 00 | - - Pocket-size radio cassette-players |
8527 | 13 |
|
| - - Other apparatus combined with sound recording or reproducing apparatus |
8527 | 19 | 91 | 00 | - - - - Portable |
8527 | 19 | 99 | 00 | - - - - Other |
8527 | 91 | 10 | 00 | - - - Portable |
8527 | 92 | 10 | 00 | - - - Portable |
8527 | 99 | 10 | 00 | - - - Portable |
8528 | 71 | 90 |
| - - - Other: |
8528 | 72 |
|
| - - Other, color: |
8528 | 73 |
|
| - - Other, black and white or monochrome: |
|
|
|
| Chapter 87 Vehicles, other than railway or tramway rolling-stock, and parts thereof and accessories thereof |
8703 | 10 | 90 | 00 | - - Other. |
8703 | 21 | 29 | 00 | - - - - Other |
8703 | 21 | 90 | 00 | : - - - Other |
8703 | 22 | 19 | 00 | - - - - Other |
8703 | 22 | 90 | 90 | - - - - Other |
8703 | 23 | 51 | 00 | - - - - Of a cylinder capacity of less than 1,800 cc |
8703 | 23 | 52 | 00 | - - - - Of a cylinder capacity of 1,800 cc and above but less than 2,000 cc |
8703 | 23 | 53 | 00 | - - - - Of a cylinder capacity of 2,000 cc and above but less than 2,500 cc |
8703 | 23 | 54 | 00 | - - - - Of a cylinder capacity of 2.500 cc and above |
8703 | 23 | 91 | 00 | - - - - Of a cylinder capacity of less than 1.S00 cc |
8703 | 23 | 92 | 00 | - - - - Of a cylinder capacity of 1,800 cc and above but less than 2,000 cc |
8703 | 23 | 93 | 00 | - - - - Of a cylinder capacity of 2,000 cc and above but less than 2,500 cc |
8703 | 23 | 94 | 00 | - - - - Of a cylinder capacity of 2,500 cc and above |
8703 | 24 | 50 | 00 | - - - Motor cars (including passenger cars with station wagons, SUVs and sports cars, but excluding vans), other |
8703 | 24 | 90 | 00 | - - - Other |
8703 | 31 | 20 | 00 | - - - Motor cars (including passenger cars with station wagons. SUVs and sports cars, but excluding vans), other |
8703 | 31 | 90 | 90 | - - - - Other |
8703 | 32 | 51 | 00 | - - - - Of a cylinder capacity of less than 2.000 cc |
8703 | 32 | 59 | 00 | - - - - Other |
8703 | 32 | 91 | 00 | - - - - Of a cylinder capacity of less than 2.000 cc |
8703 | 32 | 99 | 00 | - - - - Other |
8703 | 33 | 51 | 00 | - - - - Of a cylinder capacity exceeding 2.500 cc but not exceeding 3.000 cc |
8703 | 33 | 52 | 00 | - - - - Of a cylinder capacity exceeding 3.000 cc |
8703 | 33 | 90 | 00 | - - - Other |
8703 | 90 | 51 | 00 | - - - Of a cylinder capacity not exceeding 1,800 cc |
8703 | 90 | 52 | 00 | - - - Of a cylinder capacity exceeding 1.800 cc but not exceeding 2.000 cc |
8703 | 90 | 53 | 00 | - - - Of a cylinder capacity exceeding 2.000 cc but not exceeding 2.5O0 cc |
8703 | 90 | 54 | 00 | - - - Of a cylinder capacity of above 2.500 cc |
8703 | 90 | 90 | 00 | - - Other |
8711 | 10 | 91 | 00 | - - - Motorcycles, including motor cycles and motor scooters |
8711 | 10 | 99 | 00 | - - - Other |
8711 | 20 | 10 | 00 | - - All-terrain motorcycles (other than those of a cylinder capacity of 175 cc or above) |
8711 | 20 | 41 | 00 | - - - - Of a cylinder capacity not exceeding 125 cc |
8711 | 20 | 42 | 00 | - - - - Of a cylinder capacity exceeding 125 cc but not exceeding 150 cc |
8711 | 20 | 43 | 00 | - - - - Of a cylinder capacity exceeding 150 cc but not exceeding 200 cc (other than those of a cylinder capacity of 175 cc or above) |
8711 | 20 | 90 | 00 | - - - Other (other than [hose of a cylinder capacity of 175 cc or above) |
8711 | 90 | 40 | 00 | - - Side-cars (other than those of a cylinder capacity of 175 cc or above) |
8711 | 90 | 90 | 00 | - - Other (other than those of a cylinder capacity of 175 cc or above) |
8712 | 00 | 10 | 00 | - Racing cycles |
8712 | 00 | 10 | 00 | - Other cycles |
8712 | 00 | 30 | 00 | - Other |
|
|
|
| Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings |
9401 | 30 | 00 | 00 | - Swivel seats with variable height adjustment |
9401 | 40 | 00 | 00 | - Seats other than garden seats or camping equipment, convertible into beds |
9401 | 51 | 00 | 00 | - - Of bamboo or of rattan |
9401 | 59 | 00 | 00 | - - Other |
9401 | 61 | 00 | 00 | - - Upholstered |
9401 | 69 | 00 | 00 | - - Other |
9401 | 71 | 00 | 00 | - - Upholstered |
9401 | 79 | 00 | 00 | - - Other |
9401 | 80 | 90 | 00 | - - Other: |
9403 | 10 | 00 | 00 | - Metal furniture of a kind used in offices |
9403 | 20 | 00 | 90 | - - Other |
9403 | 30 | 00 | 00 | - Wooden furniture of a kind used in offices |
9403 | 40 | 00 | 00 | - Wooden furniture of a kind used in the kitchen |
9403 | 50 | 00 | 00 | - Wooden furniture of a kind used in the bedroom |
9403 | 60 | 00 | 90 | - - Other |
9403 | 70 | 00 | 90 | - - Other |
9403 | 81 | 00 | 90 | - - - Other |
9403 | 89 | 00 | 90 | - - - Other |
Notes:
This list is made on the basis of the list of goods and their HS headings under the Preferential Import Tariff promulgated together with the Finance Minister's Decision No. 106/2007/QD-BTC of December 20, 2007.
The description in some cases is abridged compared to the description under the Preferential Import Tariff (reflected in ellipses). Upon application, the description under the Preferential Import Tariff should be based on .
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