Thông tư 35/2014/TT-BCT

CIRCULAR

APPLYING THE REGULATION ON ISSUANCE OF AUTOMATIC IMPORT LICENSE WITH RESPECT TO FERTILIZER PRODUCTS

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

Pursuant to the Government’s Decree No. 187/2013/NĐ-CP dated November 20, 2013 detailing the implementation of the Commercial Law on international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;

Pursuant to the Prime Minister’s Decision No. 41/20015/QĐ-TTg dated March 02, 2005 promulgating the regulation on issuance of import license;

At the request of Director General of Import – Export Department;

The Ministry of Industry and Trade promulgates the Circular on application of the regulation on issuance of automatic import license with respect to some fertilizer products.

Chapter II

GENERAL PROVISIONS

Article 1. Governing scope

1. The Circular regulates application of the regulation on issuance of automatic import license with respect to some fertilizer products as defined in the Appendix I enclosed herewith.

2. Fertilizer imports in the following cases shall not be included in the governing scope of this Circular and shall be instructed by applicable regulations:

a) Fertilizers that are temporarily imported for re-export, temporarily exported for re-import, and fertilizers in transit;

b) Fertilizer imports for tests, samples and scientific research;

Article 2. Regulated entities

This Circular applies to state management agencies, entrepreneurs that are involved in the importation of fertilizers.

Chapter II

SEQUENCE AND PROCEDURES FOR ISSUANCE OF AUTOMATIC IMPORT LICENSE

Article 3. Issuance of automatic import license

1. Automatic import license issued to entrepreneurs by the Ministry of Industry and Trade shall be in the form of confirmations of the import registration form for each batch.

2. Automatic import license shall be valid within 30 days since it is confirmed by the Ministry of Industry and Trade.

Article 4. Automatic import license issuing agency

1. Automatic import license issuing agency is the Import – Export Department affiliated to the Ministry of Industry and Trade (hereinafter referred to as the issuing agency).

2. Address of the agency that receives documents and issues automatic import license:

a) Import – Export Department affiliated to the Ministry of Industry and Trade: #54, Hai Ba Trung Street, Hoan Kiem District, Hanoi City;

b) Representative office of Import-Export Department in Ho Chi Minh City; #12 Vo Van Tan Street, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City.

Article 5. Registration documents for issuance of automatic import license

1. Registration documents for issuance of automatic import license include:

a) Registration form: Two originals (Form 01 in the Appendix II enclosed herewith);

b) One certified true copy of Certificate of Enterprise registration or Certificate of Business registration, or Investment certificate relating to fertilizer business;  

c) One certified true copy of import contract or equivalent documents;

d) One certified true copy of commercial invoice;

d) One certified true copy of Letter of Credit (L/c) or payment document, or an original of the bank payment confirmation letter (accompanied by a request for bank payment confirmation) (See Forms 2 and 3 in the Appendix II enclosed herewith);

e) One certified true copy of the bill of lading or transport document of imported goods;

2. In case goods are imported via road checkpoints or from free trade zones, only a previously confirmed report on importation conducted by the importer is needed (See form 04 in the Appendix II enclosed herewith).

Article 6. Sequence, procedures for issuance of automatic import license

1. Entrepreneurs must send a set of registration documents for issuance of automatic import license by post to the issuing agency as prescribed in Clause 2, Article 4 hereof. Date of receiving documents shall be based on date marked on incoming dispatch;

2. The time limit for issuance of automatic import license is seven working days since receipt of eligible documents. In case the license can not be issued, the issuing agency must issue a written notice with reasons specified.

3. In case the documents are found inadequate and ineligible, within three working days since the receipt of such documents, the issuing agency shall issue a written notice to the entrepreneur for supplements.

4. Automatic import license shall be sent by post to the entrepreneur at the address specified in the registration form.

Article 7. Re-issuance, revision and revocation of automatic import license

1. In case the automatic import license is lost or damaged, the entrepreneur must submit a request form (accompanied by a statement) for re-issuance of the license to the issuing agency along with registration form (See form 01 in the Appendix II enclosed herewith).

Within five working days since the issuing agency receives adequate and eligible documents from the entrepreneur, the issuing agency shall carry out consideration and re-issuance of the license if the previously issued license remains effective. In case the documents are found inadequate and ineligible, the provisions set out in Clause 3, Article 6 hereof shall be applied.

2. In case the entrepreneur needs to make modifications to the previously issued license, such entrepreneur must submit to the issuing agency a request form (accompanied by a statement), a new registration form (See form 01 in the Appendix II enclosed herewith), relevant vouchers and an original of the previously confirmed automatic import license).

Modified automatic import license shall be issued within five working days since the issuing agency receives adequate and eligible documents from the entrepreneur. In case the documents are found inadequate and ineligible, the provisions set out in Clause 3, Article 6 hereof shall be applied. In case the issuance of modified automatic import license can not be done, the issuing agency must issue a written notice with reasons specified.

3. In case the automatic import license was wrongly issued and the entrepreneur violated the provisions hereof or other provisions on import management, the issuing agency shall carry out revocation of the license and issue a written notice to other relevant agencies.

Article 8. Other provisions

1. When carrying out import formalities, entrepreneurs must submit to the customs authority a previously issued automatic import license accompanied by a set of import documents according to applicable regulations and must be responsible for fulfilling the provisions on imported goods within the line management.

2. Fertilizers as defined in the Appendix I hereof are only allowed to be imported via international checkpoints and primary checkpoints. In special cases, the fertilizers as defined in the Appendix I hereof are imported via secondary checkpoints, a permit issued by the Ministry of Industry and Trade shall be required.

Chapter III

IMPLEMENTATION

Article 9. Effect

This Circular takes effect since December 01, 2014.

Article 10. Implementation

Difficulties that arise during the implementation of this Circular should be reported (by entrepreneurs, relevant agencies, organizations or individuals) to the Ministry of Industry and Trade for early handling./.