Circular No. 22/2010/TT-BCT dated May 20, 2010 of the Ministry of Industry and Trade on the application of automatic import licenses to a number of steel products

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 22/2010/TT-BCT of May 20, 2010, on the application of automatic import licenses to a number of steel products

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

Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law 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 Minister of Industry and Trade provides the application of regulations on automatic import licensing to a number of steel products as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides the application of regulations on automatic import licensing to the import of steel products specified in attached Appendix No. 01.

2. Imported steel products listed below are not regulated by this Circular and must comply with current regulations:

a/ Products which are temporarily imported for re-export, temporarily exported for re-import, transferred from/to border gate or transited;

b/ Products imported through non-commercial channels;

c/ Products imported to directly serve production and processing (including those imported for assembly, repair or warranty).

Article 2. Subjects of application

This Circular applies to state management agencies, importers and concerned organizations and individuals.

Chapter II

GRANT AND SUBMISSION OF AUTOMATIC IMPORT LICENSES

Article 3. Grant of automatic import licenses

1. The Ministry of Industry and Trade shall grant automatic import licenses to traders by certifying the import registration application for each goods lot.

2. An automatic import license is valid for 30 days, counting from the date the Ministry of Industry and Trade gives its certification.

Article 4. Automatic import licensing agencies

Automatic import licensing agencies (below referred to as licensing agencies) are regional Import-Export Management Bureaus under the Ministry of Industry and Trade, including:

- Hanoi Regional Import-Export Management Bureau at 25 Ngo Quyen street, Hoan Kiem district, Hanoi; and,

- Ho Chi Minh City Regional Import-Export Management Bureau at 35-37 Ben Chuong Duong street, District 1, Ho Chi Minh City.

Article 5. Responsibilities of applicants for automatic import licenses

An applicant for an automatic import license shall:

1. Register his/her/its trader dossier with the licensing agency defined in Article 7;

2. Submit a license application dossier to the licensing agency defined in Article 9;

3. Take responsibility before law for the accuracy and truthfulness of declared information relating to his/her/its application.

Article 6. Responsibilities of licensing agencies

Licensing agencies shall:

1. Provide guidance for applicants upon request;

2. Receive and examine trader dossiers and dossiers of application for automatic import licenses;

3. Grant automatic import licenses within the time limit specified in Article 10.

Article 7. Registration of trader dossiers

1. When applying for the first time for an automatic import license, applicants shall register their trader dossiers with licensing agencies and may be granted such licenses only after they have registered the trader dossiers. A trader dossier comprises:

a/ Written registration of the specimen signature of the person authorized to sign applications for automatic import licenses and of the trader’s seal (made according to the form provided in Appendix No. 02 to this Circular);

b/ Business registration certificate or investment certificate or business license: one copy (with the trader’s true-copy seal);

c/ Tax identification number registration certificate: one copy (with the trader’s true-copy seal).

2. All modifications in trader dossiers shall be notified in writing to licensing agencies.

Article 8. Dossiers of application for automatic import licenses

1. A dossier of application for an automatic import license comprises:

a/ Automatic import registration application: 2 copies made according to the form provided in Appendix No. 03 to this Circular;

b/ Import contract: one copy (with the trader’s true-copy seal);

c/ Commercial invoice: one copy (with the trader’s true-copy seal);

d/ Letter of credit or payment document or written certification of via-bank payment (enclosed with a written request for via-bank payment certification), made according to the form provided in Appendix No. 04(A) or 04(B) to this Circular: one copy (with the trader’s true-copy seal);

e/ Bill of lading or transportation document of the goods lot: one copy (with the trader’s true-copy seal);

2. For goods imported through road border gates or from non-tariff zones, traders are not required to submit bills of lading or transportation documents but shall submit reports on importation for previously certified import registration applications, made according to the form provided in Appendix No. 05 to this Circular.

Article 9. Submission of dossiers of application for automatic import licenses

When receiving dossiers of application for automatic import licenses from applicants, officers shall examine the dossiers and notify, in receipts or other written forms, the applicants of either of the following actions to be taken:

1. Receiving the dossier if it is complete and valid under Article 8;

2. Returning the dossier and requesting supplementation thereof if the dossier is incomplete or invalid.

Article 10. Grant of automatic import licenses

1. An automatic import license shall be granted within seven (7) working days after the licensing agency receives a trader’s complete and valid dossier as required in Article 8.

2. In case a trader makes online registration of the dossier of application for an automatic import license under Article 12, such license shall be granted within 5 working days after the licensing agency receives the trader’s complete and valid dossier as required in Article 8.

Article 11. Re-grant, modification and revocation of automatic import licenses

1. When an automatic import license is lost, misplaced or damaged, a trader shall give a written explanation to and request the Ministry of Industry and Trade to re-grant the license, enclosed with the registration application. The Ministry of Industry and Trade shall consider the request and re-grant a license if the granted license remains valid. If the granted license is no longer valid, the trader shall request in writing the Ministry of Industry and Trade to cancel the lost, misplaced or damaged license and submit a dossier of application for a new license.

An automatic import license shall be re-granted within 5 working days after the Ministry of Industry and Trade receives the trader’s complete and valid dossier of request for license re-grant.

2. When necessary to modify one or some of the contents of an automatic import license which have been certified by the Ministry of Industry and Trade, a trader shall give a written explanation to and request the Ministry of Industry and Trade to modify such contents, enclosed with relevant documents and the modified registration application, and return the original of the certified automatic import license;

The Ministry of Industry and Trade shall grant a modified automatic import license within 5 working days after receiving the trader’s complete and valid dossier of request for license modification.

3. The Ministry of Industry and Trade shall revoke automatic import licenses granted in contravention of regulations and notify such revocation to concerned agencies.

Article 12. Online registration for grant of automatic import licenses

Before submitting dossiers, traders may opt to make online registration for automatic import licensing according to the following process:

1. When applying for the first time for an automatic import license, traders shall make online declaration of information on trader dossiers via the software system prescribed by the Ministry of Industry and Trade and send such trader dossiers to places of registration for automatic import licensing. A trader dossier comprises:

a/ Written registration of the specimen signature of the person authorized to sign applications for automatic import licenses and of the trader’s seal (made according to the form provided in Appendix No. 02 to this Circular);

b/ Business registration certificate or investment certificate or business license: one copy (with the trader’s true-copy seal);

c/ Tax identification number registration certificate: one copy (with the trader’s true-copy seal).

2. After obtaining accounts for accessing the software system, traders shall declare information on automatic import registration dossiers via the software system prescribed by the Ministry of Industry and Trade. The handling of automatic import licensing will be notified online in this software system.

3. The Ministry of Industry and Trade shall appraise information though the Internet and inform traders of appraisal results via the Internet.

4. After receiving the Industry and Trade Ministry’s notice that his/her/its online declared dossier is complete and valid, a trader shall submit a dossier set to the licensing agency defined in Article 8.

5. Before registering online automatic import licensing, traders shall install computers connected to the Internet and peripheral devices under regulations of the Ministry of Industry and Trade.

Article 13. Submission of automatic import licenses

When carrying out import procedures, traders shall submit or produce to customs offices automatic import licenses certified by the Ministry of Industry and Trade and import dossiers, enclosed with reconciliation cards (for imports certified in chronological order), and shall comply with current regulations on goods clearance border gates and policies on imports and goods subject to specialized management or conditional business.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 14. Effect

This Circular takes effect on July 5, 2010, and ceases to be effective on December 31, 2010.

Article 15. Implementation responsibility

Traders and concerned agencies, organizations and individuals should report in writing any problems arising in the course of implementation of this Circular to the Ministry of Industry and Trade for timely handling.

For the Minister of Industry and Trade
Deputy Minister
NGUYEN THANH BIEN

* Note: Except Appendix No. 01, other appendices mentioned in this Circular are not printed herein.

Appendix No. 01

LIST OF STEEL PRODUCTS SUBJECT TO AUTOMATIC IMPORT LICENSING

(To the Industry and Trade Ministry’s Circular No. 22/2010/TT-BCT of May 20, 2010, on the application of automatic import licenses to a number of steel products)

THE END