Circular No. 12/2015/TT-BCT provides for the application of automatic import permit regime for certain steel products.

CIRCULAR

Regulations on the application of automatic import permit issuance regime for certain steel productssession number

__________________________

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

Pursuant to Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and foreign trade agency activities;

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

At the proposal of the Director of the Department of Import-Export;

The Minister of Industry and Trade issues this Circular stipulating the application of the automatic import permit issuance regime for certain steel products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the application of the automatic import permit issuance regime for the importation of steel products specified in Appendix No. 01 attached hereto.

Article 2. Steel products imported in the following cases are not within the scope of regulation of this Circular and shall be implemented according to current management regulations:

a) Temporary imports for re-export, temporary exports for re-import, transshipment, and transit;

b) Imports not for commercial purposes;

Article 2. Applicability

This Circular applies to state management agencies, importers of steel products, and related organizations and individuals.

Chapter II

ISSUANCE AND SUBMISSION OF AUTOMATIC IMPORT PERMITS

Article 3. Automatic Import Permit

Clause 1. The automatic import permit is issued by the Ministry of Industry and Trade to traders in the form of confirmation of each consignment's import registration form.

Clause 2. The automatic import permit is valid for execution within thirty days from the date of confirmation by the Ministry of Industry and Trade.

Article 4. Authority issuing automatic import permits

Clause 1. The authority issuing the automatic import permit is the Department of Import-Export (hereinafter referred to as the Issuing Authority).

Clause 2. The addresses for receiving applications and issuing automatic import permits include:

a) Department of Import-Export, Ministry of Industry and Trade: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

b) Representative Office of the Department of Import-Export in Ho Chi Minh City: No. 12 Vo Van Kiet Street, Floor 2, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City.

Article 5. Responsibilities of applicants for automatic import permits

Applicants for automatic import permits have the responsibility to:

Clause 1. Register trader files with the Issuing Authority in accordance with Article 7.

Clause 2. Submit applications for automatic import permits to the Issuing Authority in accordance with Article 8 via postal service at the address specified in Clause 2 of Article 4. The date of receipt of the application is calculated based on the date recorded on the incoming document stamp.

Clause 3. Bear legal responsibility for the accuracy and truthfulness of declarations related to the application for automatic import permits.

Article 6. Responsibilities of the authority issuing automatic import permits

The Issuing Authority has the responsibility to:

Clause 1. Guide applicants for automatic import permits if requested.

Clause 2. Receive and examine trader files and applications for automatic import permits.

Clause 3. Issue automatic import permits within the prescribed time limit as stipulated in Articles 9 and 10.

Article 7. Registration of trader files

Clause 1. Applicants for automatic import permits must register their trader files with the Issuing Authority when applying for an automatic import permit for the first time and can only be considered for an automatic import permit after registering their trader files. The trader file includes:

a) Registration of the authorized person's signature or authorized representative's signature on the application for automatic import permit and the trader's seal (Appendix No. 02);

b) Business registration certificate or enterprise registration certificate or investment certificate: one (1) copy (certified true copy by the trader).

Clause 2. Any changes in the trader file must be notified to the Issuing Authority in writing.

Article 8. Documents for Application for Import Permit for Automatic Imports

1. The documents for application for Import Permit for Automatic Imports include:

a) An automatic import registration form: two (2) copies (in accordance with the model prescribed in Appendix No. 03 issued together with this Circular);

b) Import contract or other documents having equivalent value to a contract: one (1) copy (certified true copy stamped by the trader);

c) Commercial invoice: one (1) copy (certified true copy stamped by the trader);

d) Letter of Credit (L/C), payment document, or bank payment confirmation letter (accompanied by a bank payment confirmation request form) in accordance with the model prescribed in Appendices No. 04 (A) and 04 (B): one (1) copy (certified true copy stamped by the trader);

e) Bill of Lading or transport document of the consignment: one (1) copy (certified true copy stamped by the trader).

2. Number of sets of documents: one (1) set

3. In cases where goods are imported through land border gates or from duty-free zones, traders are not required to submit bills of lading or transport documents but must submit a report on the implementation of imports of the registered import declaration that has been confirmed previously according to the model prescribed in Appendix No. 05.

Article 9. Issuance of Import Permit for Automatic Imports

1. The Import Permit for Automatic Imports shall be issued within seven (7) working days from the date the issuing authority receives complete and valid documents from the trader as stipulated in Article 8.

2. In cases where traders apply for issuance of Import Permit for Automatic Imports via the Internet system as prescribed in Article 11, the Import Permit for Automatic Imports shall be issued within five (5) working days from the date the issuing authority receives complete and valid documents from the trader as stipulated in Article 8.

3. The Import Permit for Automatic Imports shall be sent to the trader via electronic means at the address stated on the Registration Form.

Article 10. Reissuance, Amendment, and Revocation of Import Permit for Automatic Imports

1. In case the Import Permit for Automatic Imports is lost, misplaced, or damaged, the trader shall submit a written explanation requesting the Ministry of Industry and Trade to reissue the permit, along with the registration form. If the issued permit is still valid, the Ministry of Industry and Trade will consider and reissue the Import Permit for Automatic Imports. If the issued permit is no longer valid, the trader shall submit a written request to the Ministry of Industry and Trade to revoke the lost, misplaced, or damaged permit and resubmit the application for a new Import Permit for Automatic Imports.

The reissued Import Permit for Automatic Imports shall be issued within five (5) working days from the date the Ministry of Industry and Trade receives complete and valid documents from the trader requesting the reissue of the Import Permit for Automatic Imports.

2. In case it is necessary to adjust one or more contents of the Import Permit for Automatic Imports already confirmed by the Ministry of Industry and Trade, the trader shall submit a written explanation and request the Ministry of Industry and Trade to amend the permit, along with relevant documents, a newly amended registration form, and return the confirmed Import Permit for Automatic Imports (original copy);

The amended Import Permit for Automatic Imports shall be issued within five (5) working days from the date the Ministry of Industry and Trade receives complete and valid documents from the trader requesting additional or amendment.

3. In case the issued Import Permit for Automatic Imports does not comply with regulations, the Ministry of Industry and Trade will revoke the permit and notify relevant authorities.

Article 11. Registration for Automatic Import Permit via the Internet

Businesses may choose to register for import under the automatic import permit issuance system via the Internet before submitting the application dossier according to the following procedures:

1. Businesses must declare information about the business dossier through the Internet according to the software system prescribed by the Ministry of Industry and Trade and send the business dossier to the registration location for automatic import permit issuance when requesting an initial automatic import permit. The business dossier includes:

a) Registration of the authorized person's signature or authorized representative's signature on the application for automatic import permit and the trader's seal (Appendix No. 02);

b) Business registration certificate or enterprise registration certificate or investment certificate: one (1) copy (certified true copy by the trader).

2. After being granted access to the software system, businesses shall declare information about the automatic import registration dossier through the software system prescribed by the Ministry of Industry and Trade. The status of the automatic import permit issuance process will be displayed online on the software system.

3. The Ministry of Industry and Trade shall review the information through the Internet interface and within 01 day notify the business of the review result through the Internet.

4. After receiving the notification from the Ministry of Industry and Trade accepting that the declaration information submitted through the Internet is complete and valid, the business shall submit the dossier at the Permit Issuing Authority as stipulated in Article 8.

5. Businesses are responsible for equipping computers with Internet connectivity and peripheral devices as prescribed by the Ministry of Industry and Trade before registering under the automatic import permit issuance system via the Internet.

Article 12. Provisions on submission of Automatic Import Permits when handling customs procedures

When handling import procedures, businesses must submit to the Customs Authority the Automatic Import Permit confirmed by the Ministry of Industry and Trade together with the import dossier as prescribed currently and must comply with current regulations regarding border gates for goods clearance, import commodity policies, specialized goods management, and conditional business goods.

Article 13. Provisions on importing steel products directly for production and processing

Businesses importing steel products directly for production and processing (including imported goods for assembly, repair, warranty) may choose between two forms: (i) registering for the Automatic Import Permit as prescribed in Articles 5 and 12; (ii) not having to go through the procedure for obtaining the Automatic Import Permit as prescribed in Articles 5 and 12 but must present the Commitment Letter confirmed by the Department of Industry and Trade where the enterprise registers its production activities to the customs authority when handling import procedures together with the import dossier as prescribed currently.

In the case of choosing the confirmation of the Commitment Letter by the Department of Industry and Trade, the business's Commitment Letter includes the following contents:

1. Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate.

2. Production and processing lines, equipment suitable for producing and processing imported raw materials.

3. Imported steel products can only be used for production and processing purposes and not for business purposes, with the quantity of imports matching the production capacity of the production and processing lines over a certain period as declared by the enterprise.

4. Processing and production activities are not simple processing activities such as bending, cutting, grinding, or other simple processing activities.

The confirmation time is 05 working days from the date the Department of Industry and Trade receives the request to confirm the Commitment Letter. If necessary, the Department of Industry and Trade will inspect the actual commitments made by the business to ensure the accuracy of the declarations.

The Commitment Letter is valid for a period of 06 months from the date the Department of Industry and Trade signs the confirmation.

Chapter III

IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from July 26, 2015.

Article 15. Responsibility for Implementation

During the implementation of this Circular, if any difficulties arise, businesses and related agencies, organizations, and individuals should report them in writing to the Ministry of Industry and Trade for prompt resolution./.