Circular No. 16/2000/TT-BTM guiding the temporary import for re-export and transshipment of automobiles and cigarettes into the Chinese market

CIRCULAR

Guidelines for the temporary importation for re-export and transshipment of automobiles and cigarettes into the Chinese market

Implementing Document No. 1369/CP-KTTH dated December 28, 1999 of the Government on the temporary importation for re-export and transshipment business;

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After consulting with the General Department of Customs, the Ministry of Public Security, and the State Bank,

The Ministry of Trade issues guidelines for the temporary importation for re-export and transshipment of automobiles and cigarettes into the Chinese market as follows:

These regulations of this Circular only apply to the temporary importation for re-export and transshipment of automobiles and cigarettes into the Chinese market (excluding the Special Administrative Regions of Hong Kong and Macau).

I. General Provisions

1. Goods subject to re-export or transshipment into the central market of China are goods that the party obligated to deliver at border gates between Vietnam and China (including international railway transit border gates) or Chinese seaports, or goods entrusted by the buyer to be transported to these locations by means of transportation.

2. Payment for goods and service fees under the aforementioned temporary importation for re-export and transshipment methods must be conducted through banks in accordance with the regulations of the State Bank.

3. Cases not within the scope of adjustment of this Circular shall be implemented in accordance with the provisions of the "Regulations on Business Activities Under the Temporary Importation for Re-export Method" and the "Regulations on Business Activities Under the Transshipment Method" issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998 of the Minister of Trade.

4. Businesses permitted by the Ministry of Trade to engage in temporary importation for re-export and transshipment of automobiles and cigarettes into the Chinese market may continue to conduct such activities for these two items in the Chinese market.

II. Specific Provisions:

1. Businesses engaging in temporary importation for re-export and transshipment of cigarettes must present the import permit issued by the competent authority in China to the importer for the Ministry of Trade to have grounds to approve the temporary importation for re-export and transshipment of cigarettes.

2. Businesses are not allowed to temporarily import for re-export used automobiles.

3. Goods for transshipment can only be transported into and out of Vietnam by sea; they do not undergo customs clearance procedures for import into Vietnam or export from Vietnam.

4. Goods subject to temporary importation for re-export may be re-exported by sea or road; if by road, they must pass through international or national border gates agreed upon by the governments of both countries.

5. The period for circulation of goods subject to temporary importation for re-export or transshipment within the territory of Vietnam is 60 days from the date of completion of import customs procedures (for goods subject to temporary importation for re-export) or from the date the goods come under customs supervision (for goods subject to transshipment). In cases where there is a need for circulation of goods within the territory of Vietnam exceeding 60 days, permission from the Ministry of Trade is required.

6. Other provisions shall be implemented in accordance with the Regulations on Business Activities Under the Temporary Importation for Re-export Method and the Regulations on Business Activities Under the Transshipment Method issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998 of the Minister of Trade.

7. This Circular takes effect 15 days from the date of issuance.

III. IMPLEMENTATION PROVISIONS:

1. Businesses engaged in temporary importation for re-export and transshipment of automobiles and cigarettes into the Chinese market shall report their implementation status to the Ministry of Trade every three months for review, consolidation, and reporting to the Prime Minister./.

2. The enterprise conducting temporary import for re-export and transshipment of automobiles and cigarette products into the Chinese market shall report on the implementation situation every three months to the Ministry of Trade for review, consolidation, and reporting to the Prime Minister./.