Decision No. 16/2008/QD-BCT dated July 03, 2008 of the Ministry of Industry and Trade on the application of provisional Regulations on automatic export licensing for iron and steel

DECISION

ON THE APPLICATION OF PROVISIONAL REGULATIONS ON AUTOMATIC EXPORT LICENSING FOR IRON AND STEEL

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Government’s Decree No. 189/2007/ND-CP dated 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 dated January 23, 2006, detailing the implementation of the Commercial Law regarding international goods trading and goods trading agency, processing and transit with foreign parties;

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

DECIDES:

Article 1.

- To apply provisional regulations on automatic export licensing for domestically manufactured and imported iron and steel with HS headings in Chapter 72 of the Export Tariff and the Preferential Import Tariff promulgated together with the Finance Minister’s Decision No.106/2007/QD-BTC dated December 20, 2007.

The temporary import for re-export, temporary export for re-import and transfer out of border gate are not governed by this Decision and comply with current regulations.

Article 2.

- The automatic export licensing prescribed in Article 1 above applies only to iron and steel manufacturers and importers.

Article 3.

- A dossier of application for automatic export licensing to be sent to the licensing agency under the Ministry of Industry and Trade comprises:

1. The iron and steel export registration application (2 copies, made according to a set form);

2.The export contract, indicating that payment shall be made in a freely convertible foreign currency and that the contract is valid only upon the Industry and Trade Ministry’s export licensing;

3. Documents evidencing the origin of exported iron, steel or steel ingots:

- For imported iron and steel: The goods import declaration already cleared from customs procedures must be produced.

- For domestically manufactured iron and steel:

The ex-warehousing invoice or sale invoice under the Finance Ministry's regulation must be produced.

4. The business registration certificate (copy appended with a seal certifying that it is a copy of the original), for traders that register for the fist time the export of iron and steel.

Article 4.

- Dossiers of application for export licensing shall be sent by post to the licensing agency or submitted to the correspondence section of the licensing agency. Officials in charge of licensing may not personal1y receive traders' dossiers.

Article 5.

- The automatic export licensing for iron and steel shall be effected by making certification on traders' applications for iron and steel export registration. The Minister of Industry and Trade shall authorize the following regional import-export management bureaus under the Ministry of Industry and Trade to make certification:

- The Hanoi Regional Import-Export Management Bureau (address: 91 Dinh Tien Hoang street, Hanoi) shall make certification for trader headquartered from Ha Tinh province northwards;

- The Da Nang Regional Import-Export Management Bureau (address: 132 Nguyen Chi Thanh street, Da Nang city) shall make certification for traders headquartered between Quang Binh and Binh Thuan provinces and in Central Highlands provinces;

- The Ho Chi Minh City Regional Import-Export Management Bureau (address: 35-37 Ben Chuong Duong street, Ho Chi Minh City) shall make certification for traders headquartered in southern provinces and Ho Chi Minh City.

Article 6.

- The iron and steel export must be certified on traders' applications for iron and steel export registration by a regional Import-Export Management Bureau under the Ministry of Industry and Trade.

Apart from the export dossier as required by the customs office, when carrying out export procedures, the trader shall produce to the customs office an application for iron and steel export registration, already certified by a regional import-export management bureau under the Ministry of Industry and Trade.

Article 7.

-The time limit for automatic export licensing is 3 (three) working days after a regional import-export management bureau receives a trader's complete and valid dossier.

Article 8.

- After exporting each goods lot, the trader shall send a report on iron and steel export, made according to a set form, to the regional import-export management bureau which has certified the trader's export registration application.

The regional import-export management bureau shall consider and certify the subsequent application for iron and steel export registration for the trader that has exported at least 80% (eighty per cent) of the quantity previously licensed.

Article 9.

- Regional import-export management bureaus shall report on a daily basis on automatic export licensing to the Import and Export Department.

Article 10.

This Decision takes effect 15 days after its publication in "CONG BAO" and ceases to be effective after December 31, 2008.

Article 11.

- The Import and Export Department, units under the Ministry of Industry and Trade and concerned traders and agencies shall implement this Decision.