Official Dispatch No. 1950/TCHQ-GSQL dated April 19, 2012 of the General Department on temporary export and re-import procedure for goods to test quality abroad

To: Export and Import Department - Ministry of Industry and Trade

General Department of Customs has received Binh Duong Department of Customs’ report on troubles in customs procedure for import and export process of Nitto Denko Vietnam Co. Ltd and Probe Vietnam Co. Ltd which are foreign-invested processing enterprises as follows:

Recently, some products are returned for not satisfying quality standards by some foreign partners in company’s export procedure (flexible printed circuit, metal detectors...). For the reason that domestic enterprises do not have enough conditions to investigate, above two companies suggest to make temporary export procedure of goods for enterprises in foreign countries having enough functions and conditions to investigate quality and then re-import these goods into Vietnam and export to customers.

To customs management, enterprises can make customs procedure directly in customs agencies for the temporary export and re-import abroad for investigating quality and then re-import into Vietnam. The management shall be implemented in accordance with the principal: temporary imported goods must be initial re-exported goods.

However, at the point b, Clause 3 of the Circular No. 04/2007/TT-BTM dated April 4^th, 2007 of the Ministry of Trade (now the Ministry of Industry and Trade) on temporary export for re-import goods of foreign-invested enterprises as follows:

“Foreign-invested enterprises may temporarily export for re-import for executing their investment projects in Vietnam the following goods:

+ Machines, equipment, means of transport, tools, molds or materials in service of their production and business activities in foreign countries, for performance of processing contracts, or for warranty, repair or replacement;

+ Goods for display at trade fairs or exhibitions”, without temporary export goods to test quality.

Therefore, in order to have foundation to guide local customs departments for implementation, the General Department of Customs shall ask the Ministry of Industry and Trade to have comments for the above case whether to be implemented in accordance with temporary export – re-import procedure or not?

The General Department of Customs would like to show great thanks for the Ministry’s corporation.