Thông tư 23/2012/TT-BCT

CIRCULAR

ON THE APPLICATION OF AUTOMATIC IMPORT LICENSES TO SOME STEEL PRODUCTS

Pursuant to the Government's Decree No. 189/2007/NĐ-CP on December 27, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 44/2011/NĐ-CP on June 14, 2011, amending and supplementing  the Government's Decree No. 189/2007/NĐ-CP on December 27, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 12/2006/NĐ-CP on January 23, 2006 detailing the implementation of the Law on Trade applicable to international trading, and the agent activities of trading, processing, and transiting goods with foreign parties;

Pursuant to the Prime Minister’s Decision No. 41/2005/QĐ-TTg on March 02, 2005 on the Regulation on licensing imports;

The Minister of Industry and Trade prescribes the application of automatic import licenses to some steel products as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes the application of automatic import licenses to some steel products specified in Annex 01 promulgated together with this Circular.

2. The imported steel products in the following cases are not regulated by this Circular and shall comply with current provisions:

a) Goods temporarily imported for re-export, temporarily exported for re-import, goods in transit;

b) Non-trading imported goods;

c) Goods imported for production, processing (including goods imported for assembly, repair, and warranty).

Article 2. Subjects of application

This Circular is applicable to State management agencies, importers and relevant organizations and individuals.

Chapter II

THE ISSUE AND SUBMISSION OF AUTOMATIC IMPORT LICENSES

Article 3. The issue automatic import licenses

1. Automatic import licenses issued by the Ministry of Industry and Trade to traders in form of certifying the import registration sheet of each consignment.

2. Automatic import licenses are valid for 30 days as from being certified by the Ministry of Industry and Trade.

Article 4. Agencies that issue automatic import licenses

1. Agencies that issue automatic import licenses (hereinafter referred to as licensing agencies) are the local Export and Import Management Offices affiliated to the Ministry of Industry and Trade, including:

- Export and Import Management Office of Hanoi: 25 Ngo Quyen street, Hoan Kiem district, Hanoi;

- Export and Import Management Office of Ho Chi Minh city: 08 Nam Ky Khoi Nghia street, District 1 , Ho Chi Minh city;.

2. The Directors, Deputy Directors of Export and Import Management Office of Hanoi and Export and Import Management Office of Ho Chi Minh city shall sign and certify the automatic import registration sheet, and use the seal of the local Export and Import Management Office.

Article 5. Responsibility of applicants for automatic import licenses

The applicants for automatic import licenses must:

1. Register for the trader dossier at the licensing agency as prescribed in Article 7;

2. Submit the application for the automatic import license to the licensing agency as prescribed in Article 8 by post to the address specified in Article 4;

3. Bear responsibility before laws for the accuracy and authenticity of the statement related to the application for the automatic import license.

Article 6. Responsibility of agencies that issue automatic import licenses

Licensing agencies must:

1. Guide the applicants for automatic import licenses when being requested;

2. Receive and check the trader dossier and the application for the automatic import license;

3. Issue the automatic import license punctually as prescribed in Article 10.

Article 7. Registering for the trader dossier

1. The applicant for the first automatic import license must register for the trader dossier at a licensing agency. The automatic import license is only issued after the trader dossier is registered. The trader dossier includes:

a) The specimen signature of a competent person or an authorized person that signs the Application for the automatic import license, and the seal of the trader (Annex 02);

b) The Certificate of business registration, or the Investment certificate, or the Business license: 01 copy (bearing the authentication seal of the trader);

c) The tax code registration certificate: 01 copy (bearing the authentication seal of the trader).

2. All the changes in the trader dossier must be notified in writing to the licensing agency.

Article 8. The application for the automatic import license

1. The application for the automatic import license includes:

a) The automatic import registration sheet: 02 sheets under the form in Annex 03 promulgated together with this Circular;

b) The import contract: 01 copy (bearing the authentication seal of the trader).

c) The commercial invoice: 01 copy (bearing the authentication seal of the trader);

d) The Letter of credit, or the payment receipt, or the written bank payment certification (enclosed with the written request for bank payment certification) under the for in Annex 04 (A) and 04 (B): 01 copy (bearing the authentication seal of the trader);

dd) The bill of lading or the transportation document of the consignment : 01 copy (bearing the authentication seal of the trader);

2. If the goods is imported through land border-gates, or imported from non-tariff zones, the trader may not submit the bill of lading or the transportation document, and must submit the report on the import of the import registration sheet certified previously under the from in Annex 05.

Article 9. The issue of automatic import licenses

1. The automatic import license is issued within 07 working days as from the licensing agency receives the complete and valid dossier from the trader as prescribed in Article 8.

2. In case the trader applies for the automatic import license online as prescribed in Article 11, the automatic import license shall be issued within 05 working days as from the licensing agency receives the complete and valid dossier from the trader as prescribed in Article 8.

Article 10. The reissue, adjustment and revocation of automatic import licenses

1. If the automatic import license is lost or damaged, the trader shall submit the written explanation to the Ministry of Industry and Trade for reissuing the License, enclosed with the registration sheet. The Ministry of Industry and Trade shall consider and reissue the automatic import license if the issued one is unexpired. If the issued automatic import license has expired, the trader shall submit the written request to the Ministry of Industry and Trade for voiding the lost or damaged License, and apply for another automatic import license.

The automatic import license shall be reissued within 05 working after the Ministry of Industry and Trade receives the complete and valid dossier from the applicant.

2. If the contents of the automatic import license, that have been certified by the Ministry of Industry and Trade, need to be changed, the trader shall submit a written explanation and request for adjustment to the Ministry of Industry and Trade, enclosed with the relevant documents, the adjusted registration sheet, and return the certified automatic import license (original);

The adjusted automatic import license shall be issued by the Ministry of Industry and Trade within 05 working days after the Ministry of Industry and Trade receives the complete and valid dossier from the trader.

3. If the automatic import license is improperly issued, the Ministry of Industry and Trade shall revoke the License and notify the relevant agencies.

Article 11. Applying for automatic import licenses online

Traders may register the import in form of licensing automatic import online before submitting the dossier in the following order:

1. The trader must provide information about the trader dossier on the internet using the software provided by the Ministry of Industry and Trade, and send the trader dossier to the automatic import license application address when applying for the first automatic import license. The trader dossier includes:

a) The specimen signature of a competent person or an authorized person that signs the Application for the automatic import license and the seal of the trader (Annex 02);

b) The Certificate of business registration, or the Investment certificate, or the Business license: 01 copy (bearing the authentication seal of the trader);

c) The tax code registration certificate: 01 copy (bearing the authentication seal of the trader).

2. After receiving the software account, the trader shall provide the information about the application for automatic import using the software provided by the Ministry of Industry and Trade. The process of licensing automatic import shall be displayed online by the software.

3. The Ministry of Industry and Trade shall verify the information on the internet and notify the verification result to the trader via the internet within 01 day.

4. After receiving the notification from the Ministry of Industry and Trade that the information provided on the internet is complete and valid, the trader shall submit the dossier at the licensing agency as prescribed in Article 8.

5. The trader must have a computer connected to the internet and the peripherals as prescribed by the Ministry of Industry and Trade before applying for automatic import licenses online.

Article 12. The submission of automatic import licenses when carrying out customs procedures  

When carrying out import procedures, the trader must submit the automatic import license certified by the Ministry of Industry and Trade to the customs agency, or present the count-down sheet (if the goods is certified by date) together with the import dossier as prescribed by current law provisions, and must comply with the current provisions on goods customs clearance, import policy, goods subject to line management and goods subject to conditional business.

Chapter III

ORGANIZING THE IMPLEMENTATION

Article 13. Effect

This Circular takes effect on September 20, 2012.

Article 14. Implementation responsibility

During the course of implementation of this Circular, traders and relevant agencies, organizations and individuals must send written feedbacks on the difficulties to the Ministry of Industry and Trade for settlement./.