Thông tư 53/2015/TT-BCT

CIRCULAR

REGISTRATION OF IMPORTED GOODS AND TEMPORARILY IMPORTED GOODS OF FOREIGN CONSTRUCTION CONTRACTORS IN VIETNAM

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 187/2013/ND-CP dated November 20, 2013 on guidelines for the Law on Commerce on international trade of goods;

Pursuant to the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;

At the request of Director of Planning Department,

The Minister of Industry and Trade promulgates a Circular on registration of imported goods and goods temporarily imported for re-export of foreign construction contractors in Vietnam:

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for registration of imported goods and goods temporarily imported for re-export of foreign construction contractors in Vietnam.

Article 2. Regulated entities

This Circular applies to foreign contractors granted construction licenses by competent authorities of Vietnam, investors in construction projects in which foreign contractors are involved.

Article 3. Registration of lists of imported and temporarily imported goods

1. Any foreign contractor that has a construction license and has signed a contract may register a list of imported and temporarily imported materials, fuels, integrated equipment serving the construction work, and a list of imported and temporarily imported building machinery in accordance with this Circular.

2. The List of imported and temporarily imported materials, fuels, integrated equipment serving the construction work must be consistent with the contract.

3. The List of imported and temporarily imported building machinery must be agreed upon by the investor and the foreign contractor in accordance with Clause 3 Article 75 of Decree No. 59/2015/ND-CP

4. The registration of the list of imported and temporarily imported materials, fuels, integrated equipment serving the construction work and the list of imported and temporarily imported building machinery shall apply to the whole contract or by each stage of construction.

5. Decree No. 187/2013/ND-CP shall apply to the import or temporary import of goods on the list of goods banned from import or suspended from import or restricted from import or subject to licensing under the management of a Ministry, ministerial agency, or goods imported under separate regulations or conditions.

6. The time limit for import, temporary import, temporary export shall be agreed upon by the investor and the foreign contractor and must be registered with the Sub-department of Customs at the checkpoint.

7. The foreign contractor may submit the application for registration of the list of imported/temporarily imported goods directly or by post or online as prescribed in Chapter II of this Circular.

8. The foreign contractor is responsible for the accuracy of information provided in the application for registration and any damage caused by inaccurate information or submission of fraudulent documents.

Article 4. Disposal of redundant goods of foreign contractors

The foreign contractor shall dispose of imported materials, fuels, equipment that are redundant in accordance with regulations of law on customs without following procedures of the Ministry of Industry and Trade.

Article 5. Procedures for import, export, temporary import – re-export, temporary export – re-import of goods of foreign contractors

1. After the Ministry of Industry and Trade certifies the registration of the list of imported/temporarily imported goods, the foreign contractor shall follow procedures for import, export, temporary import – re-export, temporary export – re-import of goods (including temporary import – re-export, temporary export – re-import of goods for warranty or repair purposes) in accordance with regulations of law on customs.

2. If the foreign contractor wishes to keep using the temporarily imported machinery and equipment to execute another construction work in Vietnam, such foreign contractor shall follow the procedures for registration of a list of temporarily imported machinery and equipment serving such construction work in accordance with this Circular with the Ministry of Industry and Trade, then follow procedures for re-export and temporary import at a customs authority.

3. If the foreign contractor transferred the temporarily imported machinery and equipment to another foreign contractor to execute a construction work in Vietnam, the transferor shall follow procedures for re-export at a customs authority without a written certification from the Ministry of Industry and Trade. The transferee shall follow procedures for registration of a list of temporarily imported machinery and equipment serving construction work in accordance with this Circular with the Ministry of Industry and Trade.

4. If the foreign contractor has an agreement with the foreign owner on selling, gifting, leasing, lending the temporarily imported or temporarily exported machinery, equipment, supplies to another enterprise in Vietnam, the foreign contractor shall follow the procedures in accordance with regulations of law on customs without a written certification from the Ministry of Industry and Trade.

5. The foreign contractor may directly or authorize another entity to follow export-import procedures at a customs authority in accordance with regulations of law on export-import entrustment.

Chapter II

PROCEDURES FOR REGISTRATION AND ADJUSTMENT OF LISTS OF IMPORTED AND TEMPORARILY IMPORTED GOODS

Article 6. Submission of applications for registration directly at the Ministry of Industry and Trade or by post

1. Registration of lists of imported goods for the construction work, imported and temporarily imported goods serving construction tasks:

An application consists of:

a) Application form in Appendix I (01 original);

b) A List of imported goods for the construction work according to the form in Appendix II (01 original);

c) A List of imported and temporarily imported goods serving construction tasks according to the form in Appendix III (01 original);

d) A written agreement between the investor and the foreign contractor on the list of imported and temporarily imported goods serving construction tasks (01 original) if such list is registered by the foreign contractor;

dd) The construction license of the foreign contractor (01 certified true copy for the first registration of the construction work).

2. Adjusting the list of imported goods for the construction work, imported and temporarily imported goods serving construction tasks:

An application consists of:

a) Application form in Appendix I (01 original);

b) The adjusted list according to the form in Appendix IV (01 original);

c) A written agreement between the investor and the foreign contractor on adjustments to the list of imported and temporarily imported goods serving construction tasks (01 original) if such list is adjusted by the foreign contractor.

3. The Ministry of Industry and Trade may issue a notice within 02 working days from the day on which the application is received if the application is not complete or valid. The request for supplementation of the application shall be made only one time throughout the process.

4. Within 05 working days from the day on which the complete and valid application is received, the Ministry of Industry and Trade shall issue a certification of registration of the list of imported and/or temporarily imported goods, or provide explanation if the application is rejected.

Article 7. Online registration

1. The foreign contractor shall register a digital signature as prescribed by law.

2. Every foreign contractor that registers the list of imported goods for the construction work or the list of imported and temporarily imported goods serving construction tasks for the first time shall register an account on the Registration System of the Ministry of Industry and Trade.

a) An application for account registration consists of:

- Specimen signature of the person having the power to sign the registration form or a person authorized by the foreign trader to do so;

- A specimen seal of the foreign contractor’s operation office;

- The foreign contractor’s construction license.

b) The registration steps are specified in on the main page of the Registration System. The application status shall be displayed on the Registration System.

c) The Ministry of Industry and Trade may issue a notice within 01 working day from the day on which the foreign contractor submits the application if the application is not complete or valid. The request for supplementation of the application shall be sent via the Registration System only one time throughout the process.

d) Within 01 working day from the receipt of the complete and valid application from the foreign contractor via the Registration System, the Ministry of Industry and Trade shall open an account for the foreign contractor and send information about the account to the foreign contractor via the Registration System.

3. The foreign contractor shall sign in with the account on the Registration System and complete the application for registration or adjustment of the list of imported goods and the list of imported and temporarily imported goods whenever necessary.

The foreign contractor shall complete the corresponding forms on the Registration System and send them via the Registration System.

The forms on the Registration System are those specified in Article 6 of this Circular. The registration steps are specified in on the main page of the Registration System. The application status shall be displayed on the Registration System.

4. The Ministry of Industry and Trade may issue a notice within 01 working day from the day on which the foreign contractor submits the online application if the application is not valid. The request for supplementation of the application shall be sent via the Registration System only one time throughout the process.

5. Within 05 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall issue a certification of registration of the list of imported and/or temporarily imported goods, or provide explanation if the application is rejected.

6. The result shall be returned via the Internet and sent by post to the foreign contractor.

Chapter III

IMPLEMENTATION

Article 8. Transitional clause

Every foreign contractor whose lists of imported goods of construction works, imported and temporarily imported goods serving construction tasks are certified in writing by the Ministry of Industry and Trade before the effective date of this Circular may keep following export-import procedures at customs authorities until the expiration of such certifications.

Article 9. Organization of implementation

Planning Department of the Ministry of Industry and Trade shall carry out procedures for registration of lists of imported goods of construction works, imported and temporarily imported goods serving construction tasks of foreign contractor; supervise and inspect the implementation of this Circular.

Article 10. Effects

1. This Circular comes into force from February 12, 2016.

2. This Circular replaces Circular No. 15/2011/TT-BCT dated March 30, 2011 providing procedures for registration of imported, temporarily imported goods, and liquidated goods of foreign construction contractors in Vietnam.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.