Circular No. 17/2008/TT-BCT guiding the implementation of the automatic import license issuance regime for certain goods.

CIRCULAR

Guidelines for implementing the automatic import permit regime for certain goods

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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 agency buying, selling, processing, and transiting goods with foreign countries;

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

The Ministry of Industry and Trade guides the implementation of the automatic import permit regime for certain goods as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Importers of goods listed in Appendix 01 attached hereto must have an automatic import permit issued by the Ministry of Industry and Trade.

2. The automatic import permit shall be issued by the Ministry of Industry and Trade to importers in the form of confirmation of import registration for each consignment. For goods imported through land border gates from duty-free zones (including bonded warehouses) into the domestic market, the registration confirmation will be valid for a period not exceeding 30 days.

3. Goods imported under the following circumstances are not subject to this Circular and shall be governed by current management regulations:

- Temporarily imported for re-export, temporarily exported for re-import, transshipment, and transit goods.

- Non-commercial imports.

- Goods imported directly for production and processing purposes (including goods imported for assembly, repair, and warranty services).

- Goods imported from abroad into duty-free zones (including bonded warehouses) and goods produced, processed, or assembled in duty-free zones imported into the domestic market.

- Goods imported for sale at tax-free shops.

- Goods imported to create fixed assets for investment projects under the Investment Law.

4. When handling import procedures, importers must present to the Customs Authority the automatically registered import application form confirmed by the Ministry of Industry and Trade together with the import dossier as prescribed and must comply with regulations on export and import commodity policies, specialized goods management, and conditional business goods.

II. APPLICATION FOR AUTOMATIC IMPORT PERMIT

1. Documents for applying for an automatic import permit include:

- Application form for automatic import registration: two copies according to the model in Appendix 02 attached hereto.

- Business registration certificate or investment certificate or business license: one copy (certified true copy by the importer).

- Import contract: one copy (certified true copy by the importer).

- Letter of Credit or payment document or bank payment confirmation (accompanied by a request for bank payment confirmation) according to the models in Appendices 03(A) and 03(B): one copy (certified true copy by the importer).

- Bill of lading or transport document of the consignment: one copy (certified true copy by the importer).

In cases where registration confirmation is valid for a period (goods imported through land border gates from duty-free zones, bonded warehouses), the bill of lading or transport document need not be submitted but a report on the implementation of the previous confirmed registration application must be sent (according to the model specified in Appendix 04).

2. Place to submit the application for an automatic import permit:

Importers shall submit the application for an automatic import permit to:

- The headquarters of the Ministry of Industry and Trade: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

- The representative office of the Ministry of Industry and Trade: No. 45 Tran Cao Van Street, Ward 6, District 3, Ho Chi Minh City.

3. Time limit for issuing an automatic import permit:

An automatic import permit shall be issued within five working days from the date the Ministry of Industry and Trade receives a complete and valid application from the importer.

4. The Deputy Director-General or Director-General of the Department of Foreign Trade, or the Director-General of the representative office of the Ministry of Industry and Trade in Ho Chi Minh City shall sign the confirmation of automatic import registration pursuant to the authorization of the Minister of Industry and Trade and use the seal of the Ministry of Industry and Trade and the seal of the representative office of the Ministry of Industry and Trade in Ho Chi Minh City.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect twenty-one days from the date of publication in the Official Gazette.

2. Automatic import permits issued before January 1, 2009, in accordance with Decision No. 24/2008/QĐ-BCT dated August 1, 2008 of the Ministry of Industry and Trade on the application of the automatic import permit regime for certain goods shall continue to be valid according to the confirmed content.

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