Thông tư 10/2011/TT-BCT

CIRCULAR

AMENDING, SUPPLEMENTING, ANNULLING A NUMBER OF PROVISIONS ON ADMINISTRATION PROCEDURES IN IMPORT AND EXPORT FIELD ACCORDING TO RESOLUTION NO.59/NQ-CP DATED 17/12/2010 OF THE GOVERNMENT ON SIMPLIFICATION OF ADMINISTRATION PROCEDURES UNDER THE FUNCTION SCOPE OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to Decree No.189/2007/ND-CP dated December 27, 2007 of the Government providing for function, duties, authorities of organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No.12/2006/ND-CP dated January 23, 2006 of the Government detailing implementation of the Trade Law on international buying and selling of commodities and agent activities including purchasing, selling, sourcing, outsourcing and transiting of commodities with foreign countries;
Pursuant to the Resolution No.59/NQ-CP dated December 17, 2010 of the Government on simplification of administration procedures under the function scope of the Ministry of Industry and Trade,
The Minister of Industry and Trade amends, supplements, annuls a number of provisions on administration procedures in import and export field as follows,

Article 1. Amending, supplementing, annulling a number of provisions on administration procedures in the Circular No.04/2006/TT-BTM dated April 06, 2006 of the Ministry of Industry and Trade guiding a number of provisions in Decree No.12/2006/ND-CP dated January 23, 2006 of the Government detailing implementation of the Trade Law on international buying and selling of commodities and agent activities including purchasing, selling, sourcing, outsourcing and transiting of commodities with foreign countries (hereinafter called as Circular No.04/2006/TT-BTM for short) as follows:

1. Amending, supplementing clause 3 Item III as follows:

“3. The Ministry of Industry and Trade grants permit for import of sport guns according to the Decision of plan approval of the Minister of Culture, Sports and Tourism. The procedures for granting permits for import of sport guns are provided as:

a) Trader sends 01 (one) set of dossier requesting for import by post to the Ministry of Industry and Trade, dossier comprises:

- Written request for import permit: 01 (one) original (according to form provided in the Annex I issuing together with this Circular).

- The approval Decision of sport bullet, guns import plan of the Minister of Culture, Sports and Tourism: 01 (one) certified true copy with seal of trader.

- The Business Registration Certificate (or Enterprise Registration Certificate, Investment Certificate): 01 (one) certified true copy with seal of trader.

b) Time limit for granting sport bullet, guns import permit is 10 (ten) working days since the date that the Ministry of Industry and Trade receives valid dossier. In case of refusing to grant permit, the Ministry of Industry and Trade shall issue written reply to trader and stating clearly the reason.

c) The import permit or the written reply of the Ministry of Industry and Trade shall be sent to trader by post according to the address filled in the written request for granting import permit of trader”.

2. Amending point a and supplementing points a1, a2, a3 clause 4.4, Item III as follows:

“a) Trader sends 01 (one) set of dossier of registration for quota of import duty to the Ministry of Industry and Trade by post, dossier comprises:

- A written application of registration for quota of import duty (according to form provided in the Annex II issuing together with this Circular);

- The Business Registration Certificate and Tax Number Registration Certificate (or Enterprise Registration Certificate): 01 (one) certified true copy with seal of trader.

- Documents in which the need is defined by specialized managerial Ministry (except for poultry eggs and commodities under specialized managerial competence of the Ministry of Industry and Trade): 01 (one) original.

a1) Time limit for settling import permit according to quota to traders referred in item 4.3 of Circular No.04/2006/TT-BTM is within 10 (ten) working days, since the date of trader’s valid dossier receipt and quantity of importing goods according to annual quota publicized according to regulations.

In case of refusing to grant permit, the Ministry of Industry and Trade shall issue written reply to trader and stating clearly the reason.

a2) The import permit according to quota or the written reply of the Ministry of Industry and Trade shall be sent to trader by post upon the address filled in the written application of registration for quota of import duty of trader.

a3) Annulling Annex 02 issuing together with the Circular No.04/2006/TT-BTM”

3. Amending name of clause 3 and amending point a, supplementing point a1, a2 clause 3 Item IV as follows:

“3. Import of log and sawn timber with Cambodia origin

a) Traders having demands on import, temporary import for re-export of raw material timber with Cambodia origin shall send a set (one) of dossier of registration for granting import, temporary import for re-export permit by post to the Ministry of Industry and Trade, dossier comprises:

- Written request for granting raw material timber import, temporary import for re-export permits of traders: 01 (one) original (according to form provided in the Annex III or Annex IV issuing together with this Circular).

- A permit for export of raw material timber granted by the Ministry of Trade of Cambodia kingdom (such permit shall be sent by the Ministry of Trade of Cambodia kingdom to the Ministry of Industry and Trade of the Socialist Republic of Vietnam through Vietnam Embassy to Cambodia or of Cambodia kingdom to Vietnam).

- Timber import, temporary import for re-export contracts signed with Cambodian traders or foreign countries’ traders: 01 (one) original.

a1) Time limit for granting import, temporary import for re-export permits is within 07 (seven) working days, since the date that the Ministry of Industry and Trade receives valid dossier from traders. In case of refusing to grant permits, the Ministry of Industry and Trade shall issue written reply to traders and stating clearly the reason.

a2) The import, temporary import for re-export permits or the written reply of the Ministry of Industry and Trade shall be sent to traders by post according to the address filled in the written request for granting timber import, temporary import for re-export permits of traders”.

4. Amending clause 1, item V as follows:

“1. Procedures for granting temporary import for re-export, temporary export for re-import, border-gate transfer of goods permits must be conducted by the Ministry of Industry and Trade as follows:

a) Traders send a set (one) of dossier requesting for granting temporary import for re-export, temporary export for re-import, border-gate transfer of goods permits by post to the Ministry of Industry and Trade, dossier comprises:

- A written request for granting temporary import for re-export, temporary export for re-import, border-gate transfer of goods permits of traders according to form provided in the Annex V issuing together with this Circular.

- The Business Registration Certificate and Tax Number Registration Certificate (or Enterprise Registration Certificate): 01 (one) certified true copy with seal of trader.

- The statement on situation of implementation of temporary import for re-export, temporary export for re-import, border-gate transfer of goods according to form provided in the Annex VI issuing together with this Circular (for traders granted business permits of temporary import for re-export, temporary export for re-import) together with customs declarations of imported and exported goods with real exported certification of border gate customs (a certified true copy with seal of trader).

- Purchasing contract and selling contract: each type shall be 01 (one) original or a certified true copy with seal of trader.

b) Time limit for settling permit is within 10 (ten) working days, since the date that the Ministry of Industry and Trade receives valid dossier from traders. In case of refusing to grant permit, the Ministry of Industry and Trade shall issue written reply to trader and stating clearly the reason.

c) The temporary import for re-export, temporary export for re-import, border-gate transfer of goods permits or the written reply of the Ministry of Industry and Trade shall be sent to traders by post according to the address filled in the written request of traders.

d) Annulling Annexes 04 and 05 issuing together with Circular No.04/2006/TT-BTM”.

Article 2. Amending, supplementing provisions in Article 2 of Decision No. 24/2006/QD-BTM dated June 15, 2006 of the Minister of Industry and Trade on suspension of the temporary import for re-export, finished wood products border-gate transfer from Vietnam to the USA and provision on Sassafras oil temporary import for re-export that must have permit of the Ministry of Trade (the Ministry of Industry and Trade for now) as follows:

The sarsaparilla oil temporary import for re-export (Sassafras Oil) must have permit of the Ministry of Industry and Trade. The procedures requesting for the permit is provided as follows:

1. Traders send a set (one) of dossier requesting for granting temporary import for re-export permit by post to the Ministry of Industry and Trade, dossier comprises:

a) A written request for granting Sassafras Oil temporary import for re-export of traders according to form provided in the Annex VII issuing together with this Circular.

b) The Business Registration Certificate and Tax Number Registration Certificate (or Enterprise Registration Certificate): 01 (one) certified true copy with seal of trader.

c) Purchasing contract and selling contract: each type shall be 01 (one) original or a certified true copy with seal of trader.

d) The statement on situation of implementation of Sassafras Oil temporary import for re-export according to form provided in the Annex VIII issuing together with this Circular attached to the customs declarations of exported goods with real exported certification of border gate customs (a certified true copy with seal of trader).

2. Within 03 (three) working days, since the date of traders’ valid dossier, the Ministry of Industry and Trade (the Department of Import-Export) issues official Dispatch to the permanent Office of crime and drugs prevention and combat (the Ministry of Public Security).

3. Within 07 (seven) working days, since the date of receipt of written reply of permanent Office of crime and drugs prevention and combat (the Ministry of Public Security), the Ministry of Industry and Trade grants permit to traders. In case of refusing to grant permit, the Ministry of Industry and Trade shall issue written reply to traders and stating clearly the reason.

4. The temporary import for re-export permit or the written reply of the Ministry of Industry and Trade shall be sent to traders by post according to the address filled in the written request of traders.

Article 3. Amending, supplementing provision in clause 2, clause 3 Item II Circular No.06/2007/TT-BTM dated May 30, 2007 of the Ministry of Trade guiding the import of motorbikes of high cylinder capacity from 175 cm³ or more (hereinafter called as Circular No.06/2007/TT-BTM for short) as follows:

1. Amending provision in clause 2 as follows:

“2. Procedures of registration for granting automatic import permit are specified as follows:

a) Before carrying out customs formalities for the import, trader shall send to the Ministry of Trade one dossier set of registration for granting import permit by post, dossier comprises:

- Written application for registration of automatic import: 02 (two) originals (according to form provided in the Annex IV issuing together with this Circular).

- The Business Registration Certificate (or Enterprise Registration Certificate, Investment Certificate, Business License): 01 (one) certified true copy with seal of trader.

- Importing contract or correlative value documents: 01 (one) certified true copy with seal of trader.

- Trading invoice: 01 (one) certified true copy with seal of trader.

- Bill of Lading or transport document of goods lot: 01 (one) certified true copy with seal of trader”.

2. Amending provision in clause 3 as follows:

“3. Time limit for granting automatic import permit is within 07 (seven) working days since the date that the Ministry of Industry and Trade receives valid dossier from traders.

In case of refusing to grant permit, the Ministry of Industry and Trade shall issue written reply to traders and stating clearly the reason.

The automatic import permit or the written reply of the Ministry of Industry and Trade shall be sent to traders by post according to the address filled in the written request of traders”.

Article 4. Amending, supplementing provision in clause 2, clause 3 Article 2 Circular No.02/2010/TT-BCT dated January 14, 2010 of the Ministry of Industry and Trade providing for the import of cigarettes for duty-free sale as follows:

1. Amending provision in point 2.2 as follows:

The import permits of cigarettes for duty-free sale: 01 (one) certified true copy with seal of trader.

2. Amending provision in clause 3 as follows:

Traders send a set (one) of dossier requesting for granting import permit to the Ministry of Industry and Trade (the Department of Import-Export) by post. The import permit or the written reply of the Ministry of Industry and Trade shall be sent to traders by post according to the address filled in the written request of traders.

Article 5. Effect

1. This Circular takes effect on May 15, 2011.

2. During the enforcement of this Circular, if any problems, difficulties arise, relative traders, organizations, individuals reflect in writing to the Ministry of Industry and Trade for handling./.