Decision No. 16/2008/QĐ-BCT on temporarily applying automatic export permit regime for iron and steel

Pursuant to …;

On the temporary application of automatic export permit regime for iron and steel

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THE MINISTER OF INDUSTRY AND TRADE

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 Trade regarding international trade activities and foreign trade agency activities;

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

DECISION:

Article 1. Temporarily apply the automatic export permit regime for domestically produced iron and steel and imported iron and steel with HS codes under Chapter 72 of the Export Tariff and the Preferential Import Tariff issued together with Decision No. 106/2007/QĐ-BTC dated December 20, 2007 of the Minister of Finance.

The business of temporary import for re-export, temporary export for re-import, and transshipment is not within the scope of this decision and shall be carried out in accordance with current regulations.

Article 2. The automatic export permit regime specified in Article 1 above shall only apply to traders producing iron and steel and traders importing iron and steel.

Article 3. The application dossier for automatic export permits submitted to the issuing authority of the Ministry of Industry and Trade includes:

1. An export registration form for iron and steel (two copies as per Model 1 in Appendix 1);

2. An export contract containing a payment clause in freely convertible foreign currency and a contract clause that becomes effective only upon issuance of an export permit by the Ministry of Industry and Trade;

3. Documentation proving the origin of the quantity of iron and steel or steel billets to be exported:

- For imported iron and steel: submit the completed customs declaration for imported goods;

- For domestically produced iron and steel: submit warehouse release invoices or sales invoices as prescribed by the Ministry of Finance;

4. A copy of the business registration certificate (certified true copy) for traders applying for their first export permit.

Article 4. The application dossier for export permits shall be sent via postal service to the issuing authority or submitted to the office of the issuing authority. Permit officers shall not directly accept dossiers from traders.

Article 5. Automatic export permits for iron and steel shall be granted through the confirmation on the trader's export registration form. The Minister of Industry and Trade authorizes the following Regional Import-Export Management Departments of the Ministry of Industry and Trade to implement:

- The Hanoi Regional Import-Export Management Department (address: 91 Dinh Tien Hoang Street, Hanoi) to confirm for traders whose main offices are located in provinces north of Ha Tinh;

- The Da Nang Regional Import-Export Management Department (address: 132 Nguyen Chi Thanh Street, Da Nang City) to confirm for traders whose main offices are located in provinces from Quang Binh to Binh Thuan and the Central Highlands;

- The Ho Chi Minh City Regional Import-Export Management Department (address: 35-37 Ben Chuan Duong Street, Ho Chi Minh City) to confirm for traders whose main offices are located in southern provinces and Ho Chi Minh City.

Article 6. Iron and steel exports must be confirmed by a Regional Import-Export Management Department of the Ministry of Industry and Trade on the trader's export registration form.

When processing export procedures, in addition to the export documents required by the Customs authorities, traders must present to the Customs authorities one copy of the export registration form for iron and steel already confirmed by a Regional Import-Export Management Department of the Ministry of Industry and Trade.

Article 7. The time limit for issuing automatic export permits is three working days from the date the Regional Import-Export Management Department receives a complete and valid dossier from the trader.

Article 8. After each shipment, traders must report to the Regional Import-Export Management Department that confirmed the export registration form about the export situation of iron and steel according to Model 2 attached to this Decision.

The Regional Import-Export Management Department will consider confirming the next export registration form for iron and steel for the trader when the trader has exported at least 80% of the quantity previously granted an automatic export permit.

Article 9. The Regional Import-Export Management Departments are responsible for reporting daily to the Import-Export Department on the situation of issuing automatic export permits.

Article 10. This Decision takes effect fifteen days after its publication in the Official Gazette and expires on December 31, 2008.

Article 11. The Import-Export Department, units under the Ministry of Industry and Trade, traders, and related agencies are responsible for implementing this Decision./.