Công văn 3635/BCT-KH

To: Customs General Department

Replying the suggestion of Customs General Department mentioned in the official correspondence no. 1773/TCHQ GSQL dated 18^th April 2008 on importing goods and equipments of the contractor who wins the contract in Vietnam;

Based on Decision 87/2004/QD-TTg dated 19/5/2004 of Prime Minister on the Operation Management Regulation of the foreign contractor in construction industry in Vietnam;

Based on Circular no. 13/2006/TT-BTM dated 29^th November 2006 of Ministry of Industry and Commerce (former is Ministry of Commerce) on the instruction of export-import procedure of domestic and foreign contractors, stipulated in Decree no. 111/2006/ND-CP dated 29/9/2006 of the Government on stipulating in details the performance of Contracting Law and choosing the contractor based on Construction Law;

Ministry of Industry and Commerce has the suggestion as follows:

Based on the regulation above, the group of foreign contractors consists of:

1. The contractor who wins the contract provides equipments, machines only, not do the construction (building and installing for short);

Based on the Circular no. 13/2006/TT-BTM mentioned above, the contractor who wins the contract performs some procedures of importing, temporary importing – re-exporting means of installing machineries and equipments which are won in the contract, declaring directly at the Customs Office.

2. The contractor who wins the contract of building and installing construction in Vietnam, included executing the construction and installing the machineries and equipments of the project;

In this case, foreign contractors who wins the contract of construction in Vietnam shall ask for the Contract License at the authority and perform the procedures of importing, importing temporary – re-exporting the goods which are used for the execution, installation of the project which is won in the contract based on the regulation of Decision No. 87/2004/QD-TTg mentioned above, concretizing the plan of importing, importing temporary – re-importing means and goods to do the project of the contractor, approved in writing by Ministry of Industry and Commerce.

3. For the suggestion of Customs General Department in the official correspondence no. 456/TCHQ-GSQL dated 29^th January 2008, Ministry of Industry and Commerce has a document no. 0334/BCT-KH dated 10^th January 2008 on extending the plan of importing goods for executing the project of East West Boulevard – Ho Chi Minh City (copy attached)

Ministry of Industry and Commerce would like to submit some suggestions to Customs General Department for reference.