Decision No. 5353/QD-BCT dated September 14, 2012 of the Ministry of Industry and Trade on appointment and guidance for enterprises to re-export the usability tobacco being illegally imported and being seized

DECISION

ON APPOINTMENT AND GUIDANCE FOR ENTERPRISES TO RE-EXPORT THE USABILITY TOBACCO BEING ILLEGALLY IMPORTED AND BEING SEIZED  

THE MINISTER OF INDUSTRY AND TRADE

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; the Government’s Decree No.44/2011/ND-CP, of June 14, 2011 amending and supplementing Article 3 of the Decree No.189/2007/ND-CP;   

Pursuant to the Decision No.1112/QD-TTg, of August 21, 2012 of the Prime Minister on pilot re-export usability tobacco being illegal import and being seized (hereinafter referred to as seized tobacco);

At the proposal of Director of Export and Import Department,

DECIDES

Article 1. Objects being appointed to re-export seized tobacco

Enterprises having the following conditions are entitled to temporarily re-export the seized tobacco:

1.Vietnamese enterprises being established under law and having business registration in tobacco purchase and sale;

2.Enterprises having experiences in export, temporary import for re-export and re-export the seized tobacco.

Article 2. Dossier of appointment to re-export the seized tobacco

Enterprises are eligible as prescribed in article 1 of this Decision, send 01 set of dossier to the Ministry of Industry and Trade, comprising:

1.A trader s request for being appointed to re-export the seized tobacco

2.Certificate of Business registration and certificate of tax code registration (of Enterprise registration certificate); 01 (one) copy certified and sealed for being copied from original by trader.

3.Documents proving enterprise having experiences in export or re-export the seized tobacco.

Article 3. Time limit to handle dossier of appointment to re-export the seized tobacco

1.Within 03 working days, after receiving a sufficient and valid dossier of trader, the Ministry of Industry and Trade sends a document to the General Department of Customs (the Ministry of Finance) for consult. 

2.Within 03 working days, after the Ministry of Industry and Trade receives an acceptance document from the General Department of Customs (the Ministry of Finance), the Ministry of Industry and Trade shall have document to appoint enterprises for re-export of seized tobacco.

Article 4. Procedures for and provisions on re-export of the seized tobacco

1.Re-export of the seized tobacco must be implemented through international border-gate, not re-export by roadway and not re-export to countries with common border line. In case of transit in countries with common border line, it must comply with Agreements on goods transit signed with such countries.

2.Re-export of tobacco is performed by export contract signed with foreign enterprises; the contract must have term of payment via bank and payment in freely convertible foreign currency.

3.Procedures for re-export shall comply with provisions of customs agencies.

Article5. Regime of report

Quarterly, enterprises send report on implementation of tobacco re-export enclosed with copy of declaration of import goods at countries importing tobacco in conformity with batches of goods have been exported to the Ministry of Industry and Trade (the Central Steering Committee 127 and Department of Export-Import)

Article 6. Effect

This Decision takes effect from its signing.