Circular No. 215/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance on amending and suplementing some contents at the point 1, item II of the February 13, 2009 Circular No.16/2008/TT-BTC of the Ministry of Finance guiding the import, temporary import of motorcycle not for trading purpose

CIRCULAR

ON AMENDING AND SUPLEMENTING SOME CONTENTS AT THE POINT 1, ITEM II OF THE FEBRUARY 13, 2009 CIRCULAR NO.16/2008/TT-BTC OF THE MINISTRY OF FINANCE GUIDING THE IMPORT, TEMPORARY IMPORT OF MOTORCYCLE NOT FOR TRADING PURPOSE

Pursuant to the Law on Customs No.29/2001/QH10 and the Law No.45/2005/QH11, of June 14, 2005, amending and supplementing a number of articles of the Law on Customs;

Pursuant to the Law on import, export tax No. 45/2005/QH11 of June 14, 2005;

Pursuant to the Government’s Decree No.154/2005/ND-CP of December 15, 2005 specifying a number of articles of the Law on Customs on customs procedures, customs inspection and supervision;

Pursuant to the Government’s Decree No.149/2005/ND-CP specifying implementing of the Law on import, export tax;

Pursuant to the Government’s Decree No.12/2006/ND-CP of January 23, 2006 providing in specifying on implementing the Commercial  Law on international goods buying and selling  activities and activities of agents in buying, selling,  processing and goods transiting with foreign countries;

Pursuant to the Government’s Decree No. 73/CP, of July 30, 1994 providing in specifying the Ordinance on preferential and exemption right of Foreign Affairs representative agencies, consul agencies and representative agencies of international organizations in Vietnam;

Pursuant to The Prime Minister’s Decision No.210/1999/QD-TTG, of  October 27, 1999, on some of policies for Vietnamese abroad;

Pursuant to The Prime Minister’s Decision No. 119/2009/QD-TTg, of October 01, 2009 on promulgating the Regulation on foreign experts who implement ODA project programmers;
Pursuant to the Government’s Decree No.118/2008/ND-CP, of November 27, 2008 providing function, task, power and organizational structure of The Ministry of Finance;

To implement the petition of the specialized working group of The Prime Minister’s 30 project on reforming administrative procedures, The Ministry of Finance amends and supplements some contents at the point 1, item ii of the February 13, 2009 circular no.16/2008/tt-btc of the ministry of finance guiding the import, temporary import of motorcycle not for trading purpose as follow:

Article 1. The point 1, section II of the Circular No.16/2008/TT-BTC are amended, supplemented and provided as follow:

 “1. Regarding to customs dossiers:

1.1. The customs declaration on non-trade export/import: 02 original copies.

1.2. The bill of lading: 02 copies.

1.3. A written request for motorcycle import or temporary import and diplomatic note of request of subjects entitled to diplomatic privileges and immunities under the Government’s Decree No.73/CP, of July 30, 1994; a certifying document of Vietnam state agency under The Prime Minister’s Decision No.210/1999/QD-TTg, of October 27, 1999 on some policies for Vietnamese abroad; a document certifying that the subjects are ODA experts under the Prime Minister’s Decision No. 119/2009/QD-TTg of October 01, 2009 on promulgating the Regulation on foreign experts who implement ODA project programmers; other documents (if any) in relating to subjects of import or temporary import or relating to motorcycle ownership of subjects of import or temporary import, provided in current law documents: 01 original copy.

1.4. For subjects specified at point 2.2c, 2.2d, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008, when importing used motorcycles must supplement the following papers:

- A written request for motorcycle import certified by a local administration on the applicants address of residence (for subjects specified at point 2.2c, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008) or confirming of ending working time-limit to work or act as an expert of the governing agency (for subjects specified at point 2.2d, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008): 01 original copy;

- Decision of state agency for assigning to take a mission, work, act as an expert abroad (for subjects specified at point 2.2d, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008): 01 copy from the original, presenting the original to customs official inspection, comparison;

- Vietnam passport or paper replacing for Vietnam passport that is valid (for subjects specified at point 2.2c, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008 and provisions of The Ministry of Public Security  Circular No. 06/2007/TT-BCA-C11, of July 01, 2007, on guiding implementation a number of articles of the Residence Law), with an entry stamp of the immigration management agency at the border gate (when The agency of Public Security does not issue a Decision or repatriation notice under the Residence Law): 01 copy from the original, presenting the original to customs official inspection, comparison;

- Passport:  01 copy from the original, presenting the original to customs official inspection, comparison;

- Household status book issued by Vietnam police office: 01 copy from the original, presenting the original to customs official inspection, comparison;

- Paper evidencing that the applicant is permitted to reside permanently or indefinitely (for subjects specified at point 2.2c, section I of the Ministry of Finance’s Circular No.16/2008/TT-BTC, of February 13, 2008) and paper evidencing on the ownership to motorcycle such as: vehicle registration or paper confirming of recovery vehicle registration issued by competent agency of the country of residence, driver license (as requires by the country of residence, if any):

+ If the above stated documents are in Vietnamese, English shall submit: 01 copy from the original, presenting the original to customs official inspection, comparison;

+ If the above stated documents are not in Vietnamese, English shall submit: 01 copy from the original, 01Vietnamese translation notarized by the competence agency according to provisions at the clause 1, Article 5 of the Government’s Decree No.79/2007/ND-CP, of May 18, 2007 on issuing  of copies from master registers, authentication of copies from originals, and authentication of signatures.

When receiving customs dossiers, after the customs officials implement inspection and comparison the content of the original with its copy, the official shall be responsible for confirming that the content was inspected and comprised on the copy from the original”.

Article 2. Effect for implementation:

1. This Circular takes effect 45 days after its signing.

2. The Director General of Customs directs Directors of Customs in centrally-affiliated cities and provinces to be responsible for management operating, tracking and implementing content of this Circular./.