Circular No. 12/2018/TT-BCT provides detailed regulations on certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management.

CIRCULAR

Detailed regulations on certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management.

Detailed regulations on certain provisions of the Law on Foreign Trade Management

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

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

The Minister of Industry and Trade issues this Circular detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

1. Detailed List of consumer goods, medical devices, and second-hand vehicles prohibited from importation according to the Harmonized System (HS) code under the jurisdiction of the Ministry of Industry and Trade.

2. Detailed List of goods temporarily suspended from being imported for re-exportation or transshipment according to the HS code.

3. Sample forms, reports, templates, and issuing authorities of the Ministry of Industry and Trade as stipulated in Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management (hereinafter referred to as Decree No. 69/2018/NĐ-CP).

4. Tariff quotas for imports.

Article 2. Applicability

This Circular applies to Vietnamese traders; organizations and individuals related to foreign trade activities as provided for in the Law on Foreign Trade Management.

Chapter II
LIST OF GOODS

Article 3. List of goods prohibited from importation

Issuing detailed List of consumer goods, medical devices, and second-hand vehicles prohibited from importation according to the HS code under the jurisdiction of the Ministry of Industry and Trade as set out in Appendix I attached hereto.

Article 4. List of goods temporarily suspended from being imported for re-exportation or transshipment

1. Issuing detailed List of goods temporarily suspended from being imported for re-exportation or transshipment according to the HS code as set out in Appendix II attached hereto.

2. The list of goods specified in Clause 1 of this Article does not apply to cases of transshipment business where goods are transported directly from the exporting country to the importing country without passing through Vietnamese customs checkpoints.

Chapter III

APPLICATION FORMS, REPORTING FORMS, AND 

ISSUING AUTHORITIES FOR LICENSES 

Article 5. Certificate of Free Circulation (CFS)

1. Application form for requesting issuance of CFS as set out in Appendix III attached hereto.

- Export Import Management Department - Northern Region Office, Department of Export Import, Ministry of Industry and Trade, address: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City.

- Export Import Management Department - Da Nang Region Office, Department of Export Import, Ministry of Industry and Trade, address: 7B August Revolution Street, Hai Chau District, Da Nang City.

- Export Import Management Department - Southern Region Office, Department of Export Import, Ministry of Industry and Trade, address: 8th Floor, 12 Nguyen Thi Minh Khai Building, District 1, Ho Chi Minh City.

Article 6. License for temporary importation and re-exportation; License for temporary importation and re-exportation in other forms; License for temporary exportation and re-importation; License for transshipment business

1. Application form for requesting issuance of license as set out in Appendix IV attached hereto.

2. Reporting form on implementation of the License for temporary importation and re-exportation and License for transshipment business already issued as stipulated at point d, Clause 1 and point d, Clause 4, Article 19 of Decree No. 69/2018/NĐ-CP as set out in Appendix V attached hereto.

Article 7. Business Code for Temporary Import and Re-export

1. The form of application for the Business Code for Temporary Import and Re-export is prescribed in Appendix VI attached to this Circular.

2. The form of the confirmation letter on the guarantee deposit of the enterprise is prescribed in Appendix VII attached to this Circular.

The quarterly report shall be submitted before the 10th day of the first month of each quarter to the Department of Import-Export, Ministry of Industry and Trade at address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City and via the email address for receiving reports of the Department of Import-Export.

Article 8. Permit for Goods Transit

1. The form of application for the Permit for Goods Transit is prescribed in Appendix IX attached to this Circular.

3. For goods in transit from countries sharing borders with Vietnam and having signed Agreements on Goods Transit with Vietnam, such goods shall be handled according to the provisions of those Agreements and the guidance of the Ministry of Industry and Trade.

Article 9. Permit for Production and Processing of Export Military Uniforms and Permit for Importing Sample Military Uniforms

1. The form of application for the Permit for Production and Processing of Export Military Uniforms for foreign armed forces is prescribed in Appendix X attached to this Circular.

2. The form of application for the Permit for Importing Sample Military Uniforms for research and production and processing for export for foreign armed forces is prescribed in Appendix XI attached to this Circular.

Article 10. Coordination in Providing Information

1. The General Department of Customs provides information and data to the Ministry of Industry and Trade for management purposes as stipulated in Article 34 of Decree No. 69/2018/NĐ-CP. The information and data provided shall follow the forms prescribed in Appendix XII attached to this Circular, specifically as follows:

a) Form 1: Statistical Information and Data on Temporary Import and Re-export Activities.

b) Form 2: Statistics on Violations of Temporary Import and Re-export Regulations and Transshipment.

2. The quarterly information form shall be submitted before the 10th day of the first month of each quarter to the Department of Import-Export, Ministry of Industry and Trade, address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City and via the email address for receiving data of the Department of Import-Export.

Chapter IV
QUOTA DUTY LIMIT

Article 11. List of Goods Managed Under Tariff Quota Import

1. The tariff quota import quantity for the following year for salt, poultry eggs, refined sugar, and raw sugar shall be decided by the Ministry of Agriculture and Rural Development and notified to the Ministry of Industry and Trade no later than November 15 each year.

2. The tariff quota import quantity for the following year for tobacco leaves shall be decided by the Ministry of Industry and Trade no later than November 15 each year.

3. Based on international commitments, the annual tariff quota import quantity decided in accordance with Clauses 1 and 2 of this Article, the Ministry of Industry and Trade will officially announce the annual tariff quota import quantity and specify the management methods for each commodity.

3. On the basis of international commitments, the annual quantity of tariff-rate quotas for imports, as determined annually pursuant to Clauses 1 and 2 of this Article, the Ministry of Industry and Trade officially announces the annual quantity of tariff-rate quotas for imports and stipulates the management methods for each commodity.

Article 13. Application of Import Tariff Rates for Goods Managed Under Tariff-Rate Quota Import

1. A trader who is granted an Import Permit under tariff-rate quota by the Ministry of Industry and Trade or is notified in writing of the right to use the tariff-rate quota import quota shall enjoy the tariff rate within the tariff-rate quota on the quantity of imported goods recorded in the Import Permit under the tariff-rate quota or recorded in the notification of the right to use the tariff-rate quota import quota.

2. For quantities of imported goods exceeding the tariff-rate quota, the tariff rate outside the tariff-rate quota shall be applied.

3. In cases where the management method of the tariff-rate quota import differs from the management method prescribed in Clause 1 of this Article, it shall be implemented according to the regulations and guidance of the Ministry of Industry and Trade.

4. The tariff rate within the tariff-rate quota and the tariff rate outside the tariff-rate quota shall be implemented in accordance with the provisions of the Government.

Article 14. Subjects Eligible for Consideration for Granting Import Permits Under Tariff-Rate Quotas

1. For raw tobacco products: Traders holding a cigarette production permit issued by the Ministry of Industry and Trade and having a need to use imported raw tobacco for cigarette production.

2. For salt: Traders having a need to use salt for production, confirmed by specialized management agencies.

3. For poultry eggs: Traders having a need to import poultry eggs.

4. For refined sugar and raw sugar: Implemented according to annual guidelines of the Ministry of Industry and Trade based on consultations with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

5. The Ministry of Industry and Trade determines the timing for allocating tariff-rate quotas for goods specified in Clause 1 of this Article.

For goods specified in Clauses 2, 3, and 4 of this Article, the Ministry of Industry and Trade will consult with the Ministry of Agriculture and Rural Development and the Ministry of Finance to determine the timing for allocating tariff-rate quotas.

Article 15. Issuance of Import Permits Under Tariff-Rate Quotas

1. Based on the annual announced tariff-rate quota volume and the registration of traders, the Ministry of Industry and Trade will consider issuing Import Permits under tariff-rate quotas to traders.

2. The procedures for issuing Import Permits under tariff-rate quotas shall be carried out in accordance with point a and point b of Clause 1 of Article 9 of Decree No. 69/2018/ND-CP, specifically as follows:

a) An application form for tariff-rate quota import permits in accordance with Model XIII attached to this Circular: 1 original copy.

b) Investment Certificate or Business Registration Certificate or Enterprise Registration Certificate: 1 certified copy stamped by the trader.

3. The process of issuing Import Permits under tariff-rate quotas shall be carried out in accordance with Clause 2 of Article 9 of Decree No. 69/2018/ND-CP, specifically as follows:

a) Traders submit one set of documents in accordance with Clause 2 of this Article directly, via postal service, or online (if applicable) to the Ministry of Industry and Trade (Export-Import Department), address: 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

b) In cases where the submitted documents are incomplete, incorrect, or require additional explanatory materials, the Ministry of Industry and Trade will notify the trader to complete the documents within three working days from the date of receipt of the documents.

c) The time limit for processing the issuance of Import Permits under tariff-rate quotas for traders is ten working days from the allocation date as stipulated in Clause 5 of Article 14 of this Circular and the date the Ministry of Industry and Trade receives a complete and correct set of documents.

In cases where an import permit is not issued, the Ministry of Industry and Trade will inform the trader in writing and specify the reasons.

Before September 30 each year, traders must submit a report (in lieu of the third quarter report) to the Ministry of Industry and Trade assessing their import capacity for the entire year, requesting adjustments to increase or decrease the allocated import quota or reporting the quantity of goods that they are unable to import for reallocation to other traders.

Chapter V
IMPLEMENTING PROVISIONS

Article 16. Transitional Provisions

Import permits issued by the Ministry of Industry and Trade to traders in accordance with guiding documents implementing Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency buying, selling, processing, and transiting goods before the effectiveness of this Circular shall continue to be implemented in accordance with the contents and validity periods of the permits already issued.

Article 17. Effective Date

1. This Circular takes effect from the date of signature.

2. This Circular abolishes the following documents:

a) Circular No. 04/2014/TT-BCT dated January 27, 2014 of the Ministry of Industry and Trade detailing certain provisions of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency buying, selling, processing, and transiting goods.

b) Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade detailing temporary import, re-export, temporary export, re-import, and transshipment of goods.

c) Circular No. 49/2015/TT-BCT dated December 21, 2015 of the Ministry of Industry and Trade detailing the production and export processing of military uniforms for foreign armed forces.

3. During the implementation of this Circular, if any issues arise, traders and related organizations shall reflect them in writing to the Ministry of Industry and Trade for resolution./.