Công văn 4640/BCT-XNK

To: GENERAL DEPARTMENT OF CUSTOMS

The Ministry of Industry and Trade issued the Notice No.197/TB-BC dated May 06, 2011 on the import of alcohol, cosmetics, mobile phones and the Circular No.20/2011/TT-BCT dated May 12, 2011, specifying additional procedures for the import of passenger cars from 09 seats or less. The Ministry of Industry and Trade proposes the General Department of Customs guiding the local Customs Departments and traders to implement a number of contents as follows:

1. Non-applicable objects

a) Goods temporarily exported for re-import; goods temporarily imported for re-export.

b) Cosmetics imported for test less than 10 product units under the license granted by the Ministry of Health; cosmetics to be of the group with HS codes: 3306, 3307.

c) Goods imported under the import form of raw materials for direct production, processing; goods imported for services of warranty, maintenance, repair, renew or new production and reproduction.

d) Goods for exhibitions, fairs.

2. Paper of appointment or Letter of attorney being distributors, importers of genuine producers, traders or agent contract of genuine producers, traders who trade such goods

a) These documents are understood as agent contracts, distribution contracts signed between Vietnamese traders with foreign traders that own such trademarks or Paper of appointment or Letter of attorney granted to Vietnamese traders by the manufacturers, firms that own lawful the trademarks.

b) Where importers have not got documents from the firms mentioned in point a, traders must submit certified paper from the said firms that they do not directly authorize or sign agents contracts, distribution contracts and importers must hand in one of the papers such as agency contracts, distribution contracts, Paper of appointment or Letter of attorney signed or issued by foreign traders that are entitled to distribute such products in the area in which Vietnam locates.

3. Some other cases on importers

a) When the subsidiary companies import goods from the corporations, parent companies or affiliates of the corporation import goods from other affiliates of the same corporation must file documents as prescribed in Clause 2 of this document.

b) Traders importing goods which are outsourced for overseas processing, production by their own, the traders must submit to the customs agency documents proving that they are lawful owners of such trademarks (for example: patent of industrial design, patent protection diplomas, certificates of trademark registration, and other diplomas and certificates in accordance with the law regulations).

c) The documents referred to in clause 2, clause 3 must be notarized copies or copies certified true copies by traders’ own, presenting the original for comparison.

d) Imported goods, products must comply with the contents of the papers mentioned above.

4. Time of application

a) Lots of cosmetics, alcohol, mobile phones arriving at border gate from 01/6/2011 shall be applied the provisions of the Notice No.197/TB-BCT.

b) Lots of passengers cars from nine seats or less arriving at the import border gate from 26/06/2011 shall be applied the provisions of Circular No.20/2011/TT-BCT.

5. The issues related to automatic import permit

Automatic import permits confirmed by the Ministry of Industry and Trade for alcohol, cosmetics, mobile phones that are valid after 01/6/2011 still take effect but the import border gate shall implement under the Notice No.197/TB-BCT. Traders must not modify the automatic import permits at the Ministry of Industry and Trade.

During the course of implementation, if problems arise, the Customs General Department shall consult with the Ministry of Industry and Trade for further explanation./.