Circular No. 10/2011/TT-BCT amends, supplements, and abolishes certain provisions on administrative procedures in the import and export sector pursuant to Resolution No. 59/NQ-CP dated December 17, 2010 of the Government regarding the simplification of administrative procedures within the scope of management functions of the Ministry of Industry and Trade.

CIRCULAR

Amending, supplementing, and abolishing certain provisions on administrative procedures in the field of import and export

pursuant to Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Industry and Trade

concerning administrative procedures within the scope of management functions of the Ministry of Industry and Trade

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Industry and Trade,

of amending, supplementing, and abolishing certain provisions on administrative procedures in the field of import and export as follows,

Article 1. Amending and supplementing certain provisions on administrative procedures in Circular No. 04/2006/TT-BTM dated April 6, 2006 of the Ministry of Trade guiding certain contents stipulated in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and related agency buying, selling, processing, and transiting goods with foreign countries (hereinafter referred to as Circular No. 04/2006/TT-BTM) as follows:

1. 1. Amend and supplement Point d of Clause 2 of Article 24 as follows: Clause 3, Section III as follows:

"3. The Ministry of Industry and Trade issues permits for importing sports firearms and ammunition based on the Decision approving the plan of the Minister of Culture, Sports and Tourism. The procedure for issuing permits for importing sports firearms and ammunition is as follows:

a) The trader sends one set of application documents for the Import Permit via postal service to the Ministry of Industry and Trade, the documents include:

- A request for issuance of the permit Importer: 01 (one) dated original (according to the model prescribed in Appendix I attached to this Circular).

- The Decision approving the import plan for sports firearms and ammunition of the Minister of Culture, Sports and Tourism: one copy certified and stamped as true copy by the trader.

- Business registration certificate (or Enterprise Registration Certificate, Investment Certificate): one copy certified and stamped as true copy by the trader.

b) Time limit for issuing the import permit for sports firearms and ammunition within ten working days from the date the Ministry of Industry and Trade receives the complete and valid application documents of the trader. In case of refusal to issue the permit, the Ministry of Industry and Trade must notify the trader in writing and specify the reasons.. c) The Import Permit or the written response of the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated in the trader's request for issuance of the Import Permit."

2. Amending point a and supplementing points a1, a2, a3, Clause 4.4, Section III as follows:

"a) The trader sends one set of application documents for quota tariff import registration via postal service to the Ministry of Industry and Trade, the documents include:

- Application form for quota tariff import registration (according to the model prescribed in Appendix II issued together with this Circular);

- Business registration certificate and Tax Registration Certificate (or Enterprise Registration Certificate): one copy certified and stamped as true copy by the trader.

- Confirmation letter of demand from the specialized management department (except poultry eggs and goods under the specialized management of the Ministry of Industry and Trade): one original.

a1) The time limit for issuing the import permit under the quota tariff for traders mentioned in Item 4.3 of Circular No. 04/2006/TT-BTM within ten working days from the date of receipt of complete and valid application documents of the trader and the quantity of imported goods under the annual quota tariff has been announced according to regulations.

In case of refusal to issue the permit, the Ministry of Industry and Trade will notify the trader in writing and specify the reasons.

a2) The Import Permit under the quota tariff or the written response of the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated on the Application Form for Quota Tariff Import Registration of the trader.

a3) Abolishing Appendix No. 02 issued together with Circular No. 04/2006/TT-BTM"

3. Amending the name of Clause 3 and amending point a, supplementing points a1, a2, Clause 3, Section IV as follows:

"3. Import of roundwood and sawn timber from Cambodia

If there is a need to import or temporarily import for re-export raw materials from Cambodia, the trader sends one set of application documents for issuance of import or temporary import for re-export permit via postal service to the Ministry of Industry and Trade, the documents include:

- Request for issuance of import or temporary import for re-export permit for raw materials from the trader:

a) Model No. 02 1 (one)

III or 0- Export permit for raw materials issued by the Ministry of Commerce of the Kingdom of Cambodia (this permit is sent by the Ministry of Commerce of the Kingdom of Cambodia to the Ministry of Industry and Trade of the Socialist Republic of Vietnam through the Embassy or Commercial Office of the Socialist Republic of Vietnam in Cambodia or of the Kingdom of Cambodia in Vietnam). dated original (according to the model prescribed in Appendix - Import contract or temporary import for re-export contract signed with Cambodian or foreign traders: one original. Appendix IV attached to this Circular).

a1) Time limit for issuing the import or temporary import for re-export permit within seven working days from the date the Ministry of Industry and Trade receives complete and valid application documents of the trader.

In case of refusal to issue the permit, the Ministry of Industry and Trade will notify the trader in writing and specify the reasons.

a2) The Import or Temporary Import for Re-Export Permit or the written response of the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated on the trader's request for issuance of the Import or Temporary Import for Re-Export Permit." 4. Amending Clause 1, Section V as follows:, "1. The procedure for issuing permits for temporary import for re-export/temporary export for re-import/transit of goods that require a permit from the Ministry of Industry and Trade is as follows: a) The trader sends one set of application documents for issuance of temporary import for re-export/temporary export for re-import/transit permit via postal service to the Ministry of Industry and Trade, the documents include: 07 - Request for issuance of temporary import for re-export/temporary export for re-import/transit permit from the trader according to the model prescribed in Appendix V issued together with this Circular. working day from the date the Ministry of Industry and Trade receives a complete and valid dossier from the trader. In case of not issuing a permit, the Ministry of Industry and Trade shall send a written response to the trader stating the specific reasons.

a2) Permit 2. Import procedures shall be carried out in accordance with relevant laws and regulations., "1. The procedure for issuing permits for temporary import for re-export/temporary export for re-import/transit of goods that require a permit from the Ministry of Industry and Trade is as follows: or the written response from the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated on the trader's application for temporary importation/re-exportation of timber.

4. Amend Clause 1, Section V as follows:

“1. The procedures for issuing permits for temporary importation/re-exportation/temporary exportation/re-importation/transshipment of goods must have the approval of the Ministry of Industry and Trade, which are defined as follows:

a) The trader shall submit one set of application dossier for temporary importation/re-exportation/temporary exportation/re-importation/transshipment via postal service to the Ministry of Industry and Trade, including:

- The trader’s application for temporary importation/re-exportation/temporary exportation/re-importation/transshipment permit according to the model prescribed in Appendix V attached to this Circular.

- Confirmation letter of demand from the specialized management department (except poultry eggs and goods under the specialized management of the Ministry of Industry and Trade): one original.

- A report on the implementation of temporary import for re-export/temporary export for re-import/transshipment according to the form prescribed in Appendix VI issued together with this Circular (for traders who have been granted a business permit for temporary import for re-export/temporary export for re-import by the Ministry of Industry and Trade), accompanied by the Export Declaration Form for goods with confirmation of actual export by the Customs at the border gate (with confirmation and stamp of true copy by the trader).

- Purchase Contract and Sale Contract: One original or certified true copy stamped by the trader for each type.

b) The time limit for issuing the permit is within ten working days from the date the Ministry of Industry and Trade receives a complete and valid application file. In case of refusal to issue the permit, the Ministry of Industry and Trade shall notify the trader in writing and specify the reasons.

c) The temporary import for re-export/temporary export for re-import/transshipment permit or the written response of the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated in the trader's application for the permit.

d) Abolish Appendix No. 04 and 05 issued together with Circular No. 04/2006/TT-BTM.

Article 2. Amend and supplement the provisions of Article 2 of Decision No. 24/2006/QĐ-BTM dated June 15, 2006 of the Minister of Trade on suspending temporary import for re-export and transshipment of finished wood products through Vietnam to the United States and regulations on temporary import for re-export of sassafras oil must have a permit from the Ministry of Trade (now the Ministry of Industry and Trade) as follows:

Temporary import for re-export of sassafras oil (Sassafras Oil) must have a permit from the Ministry of Industry and Trade. The procedures for issuing the permit are stipulated as follows:

1. The trader sends one set of application files for the temporary import for re-export permit via postal service to the Ministry of Industry and Trade, including:

a) The trader's application for a temporary import for re-export permit for sassafras oil according to the form prescribed in Appendix VII issued together with this Decision.

b) Business Registration Certificate and Tax Code Registration Certificate (or Enterprise Registration Certificate): One certified true copy stamped by the trader.

c) Purchase Contract and Sale Contract: One original or certified true copy stamped by the trader for each type.

d) A report on the implementation of temporary import for re-export of sassafras oil according to the form prescribed in Appendix VIII issued together with this Decision, accompanied by the Export Declaration Form for goods with confirmation of actual export by the Customs at the border gate (with confirmation and stamp of true copy by the trader).

2. Within three working days from the date of receipt of a complete and valid application file from the trader, the Ministry of Industry and Trade (Department of Import-Export) shall send a letter to the Office of the Permanent Steering Committee for Crime Prevention and Drug Control (Ministry of Public Security).

3. Within seven working days from the date of receipt of the reply from the Office of the Permanent Steering Committee for Crime Prevention and Drug Control (Ministry of Public Security), the Ministry of Industry and Trade shall issue the permit for the trader. In case of refusal to issue the permit, the Ministry of Industry and Trade shall notify the trader in writing and specify the reasons.

4. The temporary import for re-export permit or the written response of the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated in the trader's application for the permit.

Article 3. Amend and supplement the provisions at Clause 2, Clause 3 of Circular No. 06/2007/TT-BTM dated May 30, 2007 of the Ministry of Trade guiding the importation of large motorcycles with engine capacity of 175 cm³ and above (hereinafter referred to as Circular No. 06/2007/TT-BTM) as follows: PART II Circular No. 06/2007/TT-BTM dated May 30, 2007 of the Ministry of Trade guiding the importation of large motorcycles with engine capacity over 175 cm³ 1. Amend the provision at Clause 2 as follows:

"2. The procedures for automatic issuance of import permit shall be regulated as follows:

a) Prior to customs clearance for import, traders shall send one set of application dossier for automatic import permit via postal service to the Ministry of Industry and Trade, the dossier includes:

- One original copy of the Automatic Import Registration Form (in accordance with the model prescribed in Appendix IX attached hereto);

- A certified true copy of the Business Registration Certificate (or Enterprise Registration Certificate, Investment Certificate, Business License) stamped with the seal of the trader;

- A certified true copy of the import contract or other documents having equivalent value to the contract stamped with the seal of the trader;

- A certified true copy of the commercial invoice stamped with the seal of the trader;

- A certified true copy of the transport document or bill of lading of the consignment stamped with the seal of the trader."

2. Amend the provision at Clause 3 as follows:

"3. The time limit for issuing an automatic import permit is within seven working days from the date the Ministry of Industry and Trade receives a complete and valid dossier from the trader.

The automatic import permit or the reply letter from the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated on the Automatic Import Registration Form of the trader."

a3) Abolishing Appendix No. 02 issued together with Circular No. 04/2006/TT-BTM"

Article 4. Amend the provisions at Clause 2, Clause 3 of Article 2 of Circular No. 02/2010/TT-BCT dated January 14, 2010 of the Ministry of Industry and Trade regarding the importation of tobacco products for duty-free sales as follows:

1. Amend the provision at Point 2.2 as follows:

A certified true copy of the business operation license for duty-free goods stamped with the seal of the trader.

Traders shall send one set of application dossier for import permit via postal service to the Ministry of Industry and Trade (Department of Import-Export). The import permit or the reply letter from the Ministry of Industry and Trade shall be sent to the trader via postal service at the address stated on the request for permission to import of the trader.

"3. The time limit for issuing an automatic import permit is within seven working days from the date the Ministry of Industry and Trade receives a complete and valid dossier from the trader.

1. This Circular takes effect from May 15, 2011.

Article 5. Effective Date

2. In the course of implementing this Circular, if any difficulties arise, traders, agencies, organizations, or individuals concerned shall reflect them in writing to the Ministry of Industry and Trade for resolution./.

2. During the implementation of this Circular, if any difficulties arise, traders, agencies, organizations, or individuals related to the matter shall reflect them in writing to the Ministry of Industry and Trade for resolution./.