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Directive No. 23/CT-TTg on business of temporary import for re-export, transit, and bonded warehouses

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Directive No. 23/CT-TTg on business of temporary import for re-export, transit, and bonded warehouses
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Directive No. 23/CT-TTg dated September 07, 2012 of the Prime Minister on the enhancement of state management of the business of temporary import for re-export, transit, and bonded warehouses
Issuing body: Prime MinisterEffective date:
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Official number:23/CT-TTgSigner:Nguyen Tan Dung
Type:DirectiveExpiry date:Updating
Issuing date:07/09/2012Effect status:
Known

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Fields:Customs , Export - Import

SUMMARY

CONDITIONS OF THE TEMPORARY IMPORT FOR WINE AND BEER’S RE-EXPORT

On September 07, 2012, the Government issued the Directive No.  23/CT-TTg on the enhancement of State management of the business of temporary import for re-exports, transit, and bonded warehouse, regulating that the trader must operate in goods export and import, or temporary import for re-export of goods, for at least 2 years as from the date of establishment to be eligible for doing business of temporary import for re-export and transit of goods having the special consumption tax rate such as wine, beer, cigarettes, cigars …

Besides, the Prime Minister also announced some regulations on the operation of doing business of temporary import for re-exports and transit of goods subject to special excise duty (wine, beer, cigarettes, cigars) and goods temporarily imported for re-export under the licenses issued by the Ministry of Industry and Trade. Specifically, traders doing business of temporary import for re-export and transit of goods must notify the delivery plan and the details related to the consignments temporarily imported for re-export or transited to the licensing agencies, the customs, and the port authorities at least 7 days before the goods arrives at the Vietnam’s port; the trader must leave a deposit of at least 5 billion VND for environmental treatment and destruction of dead stock, of goods imported inconsistently with the declaration that must be destructed.

Under this Directive, the goods must not stay in Vietnam more than 45 days. This period is only extended once, and the extension must not exceed 15 days. After this period, the trader must export the goods from Vietnam within 15 days through the border-gate of temporary import. The goods must not be exported through other border-gates than the border-gate of temporary import. The goods not being able to be exported shall be confiscated and handled as prescribed.
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Effect status: Known

 

THE PRIME MINISTER
--------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
No. 23/CT-TTg
Hanoi, September 07, 2012
 
DIRECTIVE
ON THE ENHANCEMENT OF STATE MANAGEMENT OF THE BUSINESS OF TEMPORARY IMPORT FOR RE-EXPORT, TRANSIT, AND BONDED WAREHOUSES
The business of temporary import for re-export, transit of goods, and bonded warehouses has obtained certain economic achievements, contributed to commercial development in some localities with border-gates and sea ports. However, it also reveals certain limitations in the management that negatively affect the production and life, especially the control and prevention of the misuse of temporary import for re-export to trade prohibited goods, commit trade frauds, evade tax, smuggle goods, including unhygienic and unsafe goods into the domestic market, threaten the environmental safety and cause apprehension in the society.
In order to ensure the conformity of business of the temporary import for re-export, transit of goods, and bonded warehouses, to promptly detect, prevent, and strictly handle all violations, the Prime Minister requests relevant Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of central-affiliated cities and provinces to take on the following tasks:
I. THE MINISTRY OF INDUSTRY AND TRADE
1. Leading and cooperating with relevant agencies in reviewing the current provisions on temporary import for re-export and transit of goods, for implementing or requesting competent levels to discard inappropriate provisions; for supplementing and amending the current provisions to ensure the conformity to the policy and the requirements for strict management of the temporary import for re-export and transit of goods, and to ensure the compatibility with the socio-economic development of Vietnam.
2. The provisions promulgated in September 2012:
a) The list of goods banned from temporary import for re-export and transit: hazardous wastes such as leaded batteries, circuit boards, wastes plastic, cooling devices using C.F.C, chemicals being precursor substances banned from export and import according to the International Conventions to which Vietnam is a signatory. The prohibition against the temporary import for re-export and transit of the goods stated above takes effect on the date of signing of this Directive.
b) The list of goods suspended from temporary import for re-export, transit, and bonded warehouses: the used consumables and frozen food being organs and by-products of livestock and poultry. The suspension of the temporary import for re-export, transit, and bonded warehouse storage of such goods begins on September 30, 2012.
The consignments of goods in the List of suspension above and the goods temporarily imported for re-export according to the Licenses issued by the Ministry of Industry and Trade that is not in the List of goods suspended from temporary import for re-export, that arrives at Vietnam’s ports before September 30, 2012, is allowed to be temporarily imported for re-export as prescribed in the previous provisions before this Directive is promulgated.
c) The list of other frozen food temporarily imported for re-export (livestock, poultry meet, aquatic products) must comply with the licenses issued by the Ministry of Industry and Trade.
3. The conditions for doing business of the temporary import for re-export and transit of goods subject to special excise duty (wine, beer, cigarettes, cigars) and goods temporarily imported for re-export under the licenses issued by the Ministry of Finance are prescribed and announced as follows:
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