THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 23/2012/TT-BCT of August 7, 2012, on the application of automatic import licensing to some 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. 44/2011/ND-CP of June 14, 2011, amending and supplementing Decree No. 189/2007/ND-CP, 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 sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;
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 stipulates the application of automatic import licensing to some steel products, as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular provides the application of automatic import licensing to import of steel products specified in Appendix 1 to this Circular.
2. Steel products imported in the following cases are not governed by this Circular but comply with current management regulations:
a/ Goods temporarily imported for re-export, temporarily exported for re-import, in border-gate transfer or transit;
b/ Non-commercial imports;
c/ Goods imported directly for production or processing (including those imported for assembly, repair or warranty).
Article 2. Subjects of application
This Circular applies to state management agencies, importers and related organizations and individuals.
Chapter II
GRANT AND SUBMISSION OF AUTOMATIC IMPORT LICENSES
Article 3. Grant of automatic import licenses
1. An automatic import license is granted by the Ministry of Industry and Trade to a trader in the form of certification of an import registration application of each consignment.
2. An automatic import license is valid for 30 days from the date of certification by the Ministry of Industry and Trade.
Article 4. Automatic import licensing agencies
1. Automatic import licensing agencies (below referred to as licensing agencies) are regional Import and Export Management Divisions under the Ministry of Industry and Trade, including:
- Import and Export Management Division of Hanoi. Address: 25 Ngo Quyen street, Hoan Kiem district, Hanoi; and
- Import and Export Management Division of Ho Chi Minh City. Address: 08 Nam Ky Khoi Nghia street, District 1, Ho Chi Minh City.
2. Heads and deputy heads of regional Import and Export Management Divisions of Hanoi and Ho Chi Minh City shall sign to certify automatic import registration applications and use stamps of their divisions.
Article 5. Responsibilities of automatic import license applicants
Automatic import license applicants shall:
1. Register trader dossiers with licensing agencies in accordance with Article 7;
2. Submit dossiers of application for automatic import licenses to licensing agencies in accordance with Article 8 by post to addresses specified in Article 4;
3. Take responsibility before law for the accuracy and truthfulness of declarations related to the application for automatic import licenses.
Article 6. Responsibilities of automatic import licensing agencies
A licensing agency shall:
1. Guide automatic import license applicants when requested;
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. An automatic import license applicant shall register a trader dossier with a licensing agency at the first time of automatic import license application and is only considered for licensing after registering such trader dossier. A trader dossier comprises:
a/ Registration of the signature specimen of a competent person or person authorized to sign the application for automatic import license and seal of the trader (Appendix 2 (not translated));
b/ One certified copy of the business registration certificate or investment certificate or business license;
c/ One certified copy of the tax identification number registration certificate.
2. All changes in trader dossiers must 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/ Two copies of the application for automatic import license, made according to the form provided in Appendix 3 to this Circular (not translated);
b/ One certified copy of the import contract;
c/ One certified copy of the commercial invoice;
d/ One certified copy of L/C or payment document or via-bank payment certificate (together with the written request for certification of via-bank payment), made according to the form provided in Appendix 4(A) or 4(B) (not translated);
e/ One certified copy of the bill of lading or transportation document of the consignment;
2. In case goods are imported through land border gates or from non-tariff zones, traders shall submit reports on importation under previously certified import registration applications, made according to the form provided in Appendix 5 (not translated), instead of bills of lading or transportation documents.
Article 9. Automatic import licensing
1. An automatic import license is granted within seven (7) working days after a licensing agency receives a complete and valid dossier from a trader in accordance with Article 8.
2. In case a trader applies for an automatic import license via the computer network in accordance with Article 11, the automatic import license shall be granted within 5 working days after the licensing agency receives a complete and valid dossier from the trader in accordance with Article 8.
Article 10. Re-grant, modification or revocation of automatic import licenses
1. In case an automatic import license is lost or damaged, the trader shall submit to the Ministry of Industry and Trade a written request for re-grant together with the application. The Ministry of Industry and Trade shall consider re-granting the automatic import license in case the granted license remains valid. For an invalid license, the trader shall submit a written request for revocation and a dossier of application for grant of a new automatic import license.
An automatic import license is re-granted within 5 working days after the Ministry of Industry and Trade receives a complete and valid dossier of application for re-grant.
2. In case one or some contents of an automatic import license certified by the Ministry of Industry and Trade need to be modified, the trader shall submit to the Ministry of Industry and Trade a written request for modification, together with related documents and new application and return the certified original license;
A modified automatic import license is granted within 5 working days after the Ministry of Industry and Trade receives a complete and valid dossier for modification.
3. In case an automatic import license is granted improperly, the Ministry of Industry and Trade shall revoke the license and notify such to related agencies.
Article 11. Application for automatic import licenses via the computer network
Traders may choose to apply automatic import licenses via the computer network before submitting dossiers according to the following procedures:
1. Traders shall declare information on trader dossiers via the computer network using a software system set by the Ministry of Industry and Trade and send trader dossiers to places for first time automatic import license application. A trader dossier comprises:
a/ Registration of the signature specimen of the competent person or a person authorized to sign the application for automatic import licenses and the seal of the trader (Appendix 2) (not translated);
b/ One certified copy of the business registration certificate or investment certificate or business license;
c/ One certified copy of the tax identification number registration certificate.
2. After being granted an account number to access the software system, the trader shall declare information on the dossier of application for automatic import licenses via the software system set by the Ministry of Industry and Trade. The automatic import licensing is conducted online on the software system.
3. The Ministry of Industry and Trade shall verify information via the network interface and inform trader of the verification result within 1 day.
4. After receiving the Ministry of Industry and Trade’s acceptance of complete and valid declarations of dossiers via the computer network, traders shall submit dossier sets to licensing agencies in accordance with Article 8.
5. Traders shall install computers with network connection and peripheral devices under regulations of the Ministry of Industry and Trade before applying for automatic import licenses via the computer network.
Article 12. Submission of automatic import licenses upon customs clearance
Upon carrying out import procedures, a trader shall submit to the customs office its the automatic import license with the Ministry of Industry and Trade’s certification or present the license together with a conciliation bill (for imports with temporal certification) together with the import dossier set in accordance with current regulation and observe current regulations on good clearance border gates, import item policies, goods subject to specialized management and goods subject to conditional trading.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 13. Effect
This Circular takes effect on September 20, 2012.
Article 14. Implementation responsibility
Any problem arising in the course of implementation should be reported in writing to the Ministry of Industry and Trade for prompt settlement.-
For the Minister of Industry and Trade
Deputy Minister
NGUYEN THANH BIEN
Appendix 1
LIST OF STEEL PRODUCTS SUBJECT TO AUTOMATIC
IMPORT LICENSING
(To the Ministry of Industry and Trade’s Circular No. 23/2012/TT-BCT of August 7, 2012, on the application of automatic import licensing to some steel products)
Code | Description |
| | | Chapter 72 Iron and steel |
7209 | | | Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated |
| | | - In coils, not further worked than cold-rolled (cold-reduced): |
7209 | 15 | 00 | - - Of a thickness of 3 mm or more |
7209 | 16 | 00 | - - Of a thickness exceeding 1 mm but less than 3 mm |
7209 | 17 | 00 | - - Of a thickness of 0.5 mm or more but not exceeding 1 mm |
7209 | 18 | | - - Of a thickness of less than 0.5 mm: |
| | | - - - Other |
7209 | 18 | 91 | - - - - Containing by weight less than 0.6% of carbon and of a thickness of 0.17 mm or less |
7209 | 18 | 99 | - - - - Other |
| | | - Not in coils, not further worked than cold-rolled (cold-reduced): |
7209 | 25 | 00 | - - Of a thickness of 3 mm or more |
7209 | 26 | 00 | - - Of a thickness exceeding 1 mm but less than 3 mm |
7209 | 27 | 00 | - - Of a thickness of 0.5 mm or more but not exceeding 1 mm |
7209 | 28 | | - - - Of a thickness of less than 0.5 mm: |
7209 | 28 | 10 | - - - Containing by weight less than 0.6% of carbon and of a thickness of 0.17 mm or less |
7209 | 28 | 90 | - - - Other |
7209 | 90 | | - Other: |
7209 | 90 | 10 | - - Corrugated |
7209 | 90 | 90 | - - Other |
7210 | | | Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated |
| | | - Plated or coated with tin: |
7210 | 11 | | - - Of a thickness of 0.5 mm or more: |
7210 | 11 | 10 | - - - Containing by weight 0.6 % or more of carbon |
7210 | 11 | 90 | - - - Other |
7210 | 12 | | - - Of a thickness of less than 0.5 mm: |
7210 | 12 | 10 | - - - Containing by weight 0.6 % or more of carbon |
7210 | 12 | 90 | - - - Other |
| | | - Otherwise plated or coated with zinc: |
7210 | 41 | | - - Corrugated: |
| | | - - - Containing by weight less than 0.6% of carbon: |
7210 | 41 | 11 | - - - Of a thickness not exceeding 1.2 mm |
7210 | 41 | 12 | - - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm |
7210 | 41 | 19 | - - - - Other |
7210 | 41 | 91 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 41 | 99 | - - - - Other |
7210 | 49 | | - - Other: |
| | | - - - Containing by weight less than 0.6% of carbon |
7210 | 49 | 11 | - - - - Coated with zinc by the iron-zinc alloyed coating method, containing by weight less than 0.04% of carbon and of a thickness not exceeding 1.2 mm |
7210 | 49 | 12 | - - - - Other, of a thickness not exceeding 1.2 mm |
7210 | 49 | 13 | - - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm |
7210 | 49 | 19 | - - - - Other |
| | | - - - Other |
7210 | 49 | 91 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 49 | 99 | - - - - Other |
7210 | 61 | | - - Plated or coated with aluminium-zinc alloys: |
| | | - - - Containing by weight less than 0.6% of carbon: |
7210 | 61 | 11 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 61 | 12 | - - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm |
7210 | 61 | 19 | - - - - Other |
| | | - - Other |
7210 | 61 | 91 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 61 | 99 | - - - - Other |
7210 | 69 | | - - Other: |
| | | - - - Containing by weight less than 0.6% of carbon: |
7210 | 69 | 11 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 69 | 12 | - - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm |
7210 | 69 | 19 | - - - - Other |
| | | - - - Other |
7210 | 69 | 91 | - - - - Of a thickness not exceeding 1.2 mm |
7210 | 69 | 99 | - - - - Other |
7211 | | | Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, not clad, plated or coated |
| | | - Not further worked than hot-rolled: |
7211 | 13 | | - - Rolled on four faces or in a closed box pass, of a width exceeding 150 mm and a thickness of not less than 4 mm, not in coils and without patterns in relief: |
7211 | 13 | 10 | - - - Hoop and strip, of a width exceeding 150 mm but not exceeding 400 mm |
7211 | 13 | 90 | - - - Other |
7211 | 14 | | - - Other, of a thickness of 4.75 mm or more: |
| | | - - - Of a thickness of 4.75 mm or more but not exceeding 10 mm: |
7211 | 14 | 11 | - - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 14 | 12 | - - - - Corrugated, containing by weight less than 0.6% of carbon |
7211 | 14 | 19 | - - - - Other |
| | | - - - Of a thickness more than 10 mm: |
7211 | 14 | 21 | - - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 14 | 22 | - - - - Corrugated, containing by weight less than 0.6% of carbon |
7211 | 14 | 29 | - - - - Other |
7211 | 19 | | - - Other: |
| | | - - - Of a thickness of 2 mm or more but less than 4.75 mm: |
7211 | 19 | 11 | - - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 19 | 12 | - - - - Corrugated, containing by weight less than 0.6% of carbon |
7211 | 19 | 19 | - - - - Other |
| | | - - - Of a thickness of less than 2 mm: |
7211 | 19 | 21 | - - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 19 | 22 | - - - - Corrugated, containing by weight less than 0.6% of carbon |
7211 | 19 | 23 | - - - - Other, of a thickness of 0.17 mm or less |
7211 | 19 | 29 | - - - - Other |
| | | - Not further worked than cold-rolled (cold-reduced): |
7211 | 23 | | - - Containing by weight less than 0.25% of carbon: |
7211 | 23 | 10 | - - - Corrugated |
7211 | 23 | 20 | - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 23 | 30 | - - - Other, of a thickness of 0.17 mm or less |
7211 | 23 | 90 | - - - Other |
7211 | 29 | | - - Other: |
7211 | 29 | 10 | - - - Corrugated |
7211 | 29 | 20 | - - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 29 | 30 | - - - Other, of a thickness of 0.17 mm or less |
7211 | 29 | 90 | - - - Other |
7211 | 90 | | - - Other: |
7211 | 90 | 10 | - - Hoop and strip, of a width not exceeding 400 mm |
7211 | 90 | 30 | - - - Other, of a thickness of 0.17 mm or less |
7211 | 90 | 90 | - - - Other |
7212 | | | Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, clad, plated or coated |
7212 | 30 | | - Otherwise plated or coated with zinc: |
7212 | 30 | 10 | - - Hoop and strip, of a width not exceeding 400 mm |
7212 | 30 | 20 | - - Other, containing by weight less than 0.6% of carbon and of a thickness of 1.5 mm or less |
7213 | | | Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel |
7213 | 91 | | - - Of circular cross-section measuring less than 14 mm in diameter: |
7213 | 91 | 20 | - - - Of a kind used for concrete reinforcement (rebars) |
7213 | 99 | | - - Other: |
7213 | 99 | 20 | - - - Of a kind used for concrete reinforcement (rebars) |
7214 | | | Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extructed, but including those twisted after rolling |
7214 | 20 | | - Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling: |
7214 | 20 | 31 | - - - - Of a kind used for concrete reinforcement (rebars) |
7214 | 20 | 41 | - - - - Of a kind used for concrete reinforcement (rebars) |
7214 | 20 | 51 | - - - - Of a kind used for concrete reinforcement (rebars) |
7214 | 20 | 61 | - - - - Of a kind used for concrete reinforcement (rebars) |
7215 | | | Other bars and rods of iron or non-alloy steel |
7215 | 50 | | - Other, not further worked than cold-formed or cold-finished: |
7215 | 50 | 91 | - - - Of a kind used for concrete reinforcement (rebars) |
7215 | 90 | | - Other: |
7215 | 90 | 10 | - - Of a kind used for concrete reinforcement (rebars) |
7219 | | | Flat-rolled products of stainless steel, of a width of 600 mm or more |
7219 | 33 | 00 | - - Of a thickness exceeding 1 mm but less than 3 mm |
7219 | 34 | 00 | - - Of a thickness of 0.5 mm or more but not exceeding 1 mm |
7219 | 35 | 00 | - - Of a thickness of less than 0.5 mm |
7220 | | | Flat-rolled products of stainless steel, of a width of less than 600 mm |
7220 | 20 | | - Not further worked than cold-rolled (cold-reduced): |
7220 | 20 | 10 | - - Hoop and strip, of a width not exceeding 400 mm |
7220 | 20 | 90 | - - Other |
| | | Chapter 73 Articles of iron or steel |
7306 | | | Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel |
7306 | 30 | | - Other, welded, of circular cross-section, of iron or non-alloy steel: |
7306 | 30 | 10 | - - Boiler tubes |
7306 | 30 | 20 | - - Copper-plated, fluororesin-coated or zinc-chromated steel tubes with an external diameter not exceeding 15 mm |
7306 | 30 | 30 | - - Pipe of a kind used to make sheath pipe (heater pipe) for heating elements of electric flat irons or rice cookers, with an external diameter not exceeding 12 mm |
7306 | 30 | 40 | - - High-pressure pipe |
7306 | 30 | 90 | - - Other |
7306 | 90 | | - Other |
7306 | 90 | 10 | - - Copper brazed pipes and tubes |
7306 | 90 | 90 | - - Other |
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