Circular No. 06/2007/TT-BTM guiding the importation of motorcycles with engine capacity of 175 cm3 or more

CIRCULAR

Guidelines for Importing Motorcycles with Engine Displacement of 175 cm³ or More

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Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Resolution No. 71/2006/QH dated November 29, 2006 of the National Assembly of the Socialist Republic of Vietnam approving the Protocol on Vietnam's accession to the World Trade Organization;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

Pursuant to Decision No. 41/2005/QD-TTg dated March 2, 2005 of the Prime Minister promulgating the Import Permit Issuance Regulation;

Pursuant to Circular No. 2586/VPCP-KTTH dated May 16, 2007 of the Office of the Government conveying the Prime Minister's directive on the management of motorcycle imports and usage.

The Ministry of Trade hereby provides guidelines for importing motorcycles with engine displacement of 175 cm³ or more as follows:

I. GENERAL PRINCIPLES

1. Motorcycles with engine displacement of 175 cm³ or more refer to motorbikes with internal combustion piston engines having cylinder capacity of 175 cc or more, classified under tariff code 8711 in the Tariff Schedule for Export and Import. Hereinafter referred to as large-displacement motorbikes.

2. The importation of large-displacement motorbikes shall be carried out pursuant to the automatic import permit issued by the Ministry of Trade.

3. Temporary import for re-export and transshipment trading of large-displacement motorbikes shall be conducted in accordance with the provisions set forth in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries. Procedures for temporary import for re-export and transshipment trading shall be directly processed at the Customs Gate without the need for approval from the Ministry of Trade.

4. Registration for use and regulations on obtaining driving licenses for large-displacement motorbikes shall be implemented in accordance with current laws.

5. The importation of used motorcycles of all types is prohibited.

II. IMPORT PROCEDURES

1. An automatic import permit system shall be applied to large-displacement motorbikes.

2. The procedure for registering an automatic import permit is as follows: Prior to customs clearance for import, traders must submit to the Ministry of Trade a dossier comprising: - Two copies of the Application Form for Automatic Import Permit according to the model provided in Appendix No. 01 attached hereto; - A copy of the import contract stamped with the seal indicating that it is a true copy by the trader. (For traders applying for the first time, they must also submit one valid copy of their Business Registration Certificate).

3. Time limit for registering an automatic import permit: The Ministry of Trade will confirm the Application Form for Automatic Import Permit within three working days from the date of receipt of the dossier.

4. When conducting import procedures, in addition to the import documentation required by the customs authority, traders must present to the customs authority one Application Form for Automatic Import Permit already confirmed by the Ministry of Trade.

III. IMPLEMENTATION AND HANDLING OF VIOLATIONS

1. The Minister of Trade authorizes the Director and Deputy Director of the Department of Import and Export to confirm the Application Form for Automatic Import Permit.

2. After each consignment of imported goods, traders must report in writing to the Ministry of Trade on the situation of importing large-displacement motorbikes according to the reporting form provided in Appendix No. 02 attached hereto, and send via email to the address: [email protected]. Based on the reports submitted by traders, the Ministry of Trade will confirm the Application Form for Automatic Import Permit for large-displacement motorbikes for the next importation by the traders.

3. This Circular takes effect fifteen days from the date of publication in the Official Gazette.