Circular No. 15/2011/TT-BCT stipulates the procedures for registering the list of imported goods, temporarily imported re-exported goods, and clearance goods of foreign contractors in the construction sector in Vietnam.

CIRCULAR

Regulations on Procedures for Registering Import Goods Lists, Temporary Imports for Re-export, and Resale Goods

of Foreign Contractors in the Construction Sector in Vietnam

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

Pursuant to Decree No. 85/2009/NĐ-CP dated October 15, 2009 guiding the implementation of the Law on Bidding and Selection of Contractors under the Construction Law;

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

Pursuant to Decision No. 87/2004/QĐ-TTg dated May 19, 2004 of the Prime Minister promulgating the Management Regulation for Foreign Contractors' Activities in the Construction Sector in Vietnam;

The Minister of Industry and Trade hereby stipulates the procedures for registering import goods lists, temporary imports for re-export, and resale goods of foreign contractors in the construction sector in Vietnam as follows:

Article 1. Scope of Application and Regulatory Scope

These Circulars stipulate the procedures for registering the list of machinery, equipment, materials for import, temporary import for re-export, temporary export for re-import, and resale of foreign contractors (including both main contractors and subcontractors) who have been granted a Construction Tender Permit in accordance with Decision No. 87/2004/QĐ-TTg dated May 19, 2004 of the Prime Minister promulgating the Management Regulation for Foreign Contractors' Activities in the Construction Sector in Vietnam (hereinafter referred to as foreign contractors).

Article 2. Provisions on Importation, Temporary Import for Re-export, Temporary Export for Re-import, and Resale of Foreign Contractors

1. Foreign contractors who have obtained a Construction Tender Permit may register the list of machinery, equipment, and materials for import, temporary import for re-export, and temporary export for re-import to implement the awarded projects in Vietnam.

2. The list of imported machinery, equipment, and materials must be consistent with the type, quantity, and origin of each piece of machinery, equipment, and material as specified in the Contract Award Agreement.

3. The list of machinery, equipment (including transportation equipment), materials for temporary import for re-export, and temporary export for re-import for construction purposes must be confirmed by the project owner or project sponsor according to Clause 3, Article 9 of Decision No. 87/2004/QĐ-TTg.

4. After being approved by the Ministry of Industry and Trade to register the list of machinery, equipment, and materials for import, temporary import for re-export, and temporary export for re-import, foreign contractors may directly or through agents handle customs procedures at the customs authority in accordance with current regulations on import and export management.

5. Upon completion of the project, foreign contractors must settle accounts for machinery, equipment, and materials that have been imported, temporarily imported for re-export, and temporarily exported for re-import according to the registered list.

6. After settlement, foreign contractors must dispose of surplus machinery, equipment, and materials not fully utilized or not re-exported through forms such as re-export, sale, or destruction.

7. Machinery, equipment, and materials for import, temporary import for re-export, and temporary export for re-import for construction purposes must be used for their intended purpose.

8. Registration of the list of machinery, equipment, and materials for import, temporary import for re-export, and temporary export for re-import can be done annually or for the entire project, in accordance with the construction progress of the project.

Article 3. Registration Documents

1. Provisions on certified copies of certificates:

a) Certified true copies (for cases where applications are submitted via postal service/administrative correspondence);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

c) Scans from original documents (if administrative procedures apply electronic submission methods).

2. The registration dossier for machinery, equipment, and materials imported and temporarily imported for re-export consists of 01 set, including:

a) Application form (01 original copy according to Form specified in Appendix I), accompanied by the list of machinery, equipment, and materials imported (01 original copy according to Form A in Appendix II) and/or the list of machinery, equipment, and materials temporarily imported for re-export (01 original copy according to Form B in Appendix II);

b) Agreement document from the investor or project owner regarding the list of machinery, equipment, and materials imported and temporarily imported for re-export (01 original copy);

c) Construction bidding permit of foreign contractors (01 copy, only submitted during the first registration of the project's list);

d) Bid acceptance contract (01 copy, relevant to importation, only submitted during the first registration of the project's list).

3. The registration dossier for machinery, equipment, and materials temporarily exported for re-import consists of 01 set, including:

a) Application form (01 original copy according to Form specified in Appendix I), accompanied by the list of machinery, equipment, and materials temporarily exported for re-import (01 original copy according to Form C in Appendix II);

b) Agreement document from the investor or project owner regarding the list of goods temporarily exported for re-import (01 original copy);

4. The registration dossier for machinery, equipment, and materials for liquidation after final settlement consists of 01 set, including:

a) Application form (01 original copy according to Form specified in Appendix I), accompanied by the list of machinery, equipment, and materials for liquidation (01 original copy according to Form D in Appendix II);

b) Copies of documents from the Ministry of Industry and Trade approving the registration of lists of imported machinery, equipment, and materials, and temporarily imported for re-export, which include the names of the machinery, equipment, and materials proposed for liquidation;

c) Confirmation document from the investor or project owner certifying that the construction project has been completed and agreeing to the reasons for liquidation.

Article 4. Procedure and Process for Approval of Registration

1. Within 07 (seven) working days from the date of receipt of complete and valid application documents, the Ministry of Industry and Trade will approve the registration of import lists, temporary import for re-export, and temporary export for re-import. In case of disapproval, the Ministry of Industry and Trade must notify in writing with detailed reasons.

2. If the application documents are incomplete or invalid, within 05 (five) days from the date of receipt, the Ministry of Industry and Trade will send a notification to the foreign contractor requesting additional information.

Article 5. Effective Date

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

2. This Circular replaces Decision No. 3806/QĐ-BCT dated July 29, 2009 of the Ministry of Industry and Trade on the issuance of application forms for registering lists of imported goods, temporarily imported for re-export, and liquidated goods of foreign contractors in the construction sector in Vietnam.

3. During implementation, if any issues arise, organizations and individuals involved should report them to the Ministry of Industry and Trade for timely resolution./.