Circular No. 23/2012/TT-BCT on the application of the automatic import license issuance regime for certain steel products

CIRCULAR

Regulations on the application of the automatic import permit system for certain steel products

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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. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Decree No. 189/2007/NĐ-CP of the Government stipulating 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 Commerce regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

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

The Minister of Industry and Trade hereby stipulates the application of the automatic import permit system for certain steel products as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the application of the automatic import permit issuance regime for the importation of steel products specified in Appendix No. 01 attached hereto.

Article 2. Steel products imported in the following cases are not within the scope of regulation of this Circular and shall be implemented according to current management regulations:

a) Temporary imports for re-export, temporary exports for re-import, transshipment, and transit;

b) Non-commercial imported goods;

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

Article 2. Applicability

This Circular applies to state management agencies, import traders, and other organizations and individuals related thereto.

Chapter II

ISSUANCE AND SUBMISSION OF AUTOMATIC IMPORT PERMITS

Article 3. Issuance of Automatic Import Permits

Clause 1. The automatic import permit is issued by the Ministry of Industry and Trade to traders in the form of confirmation of each consignment's import registration form.

Clause 2. The automatic import permit is valid for execution within thirty days from the date of confirmation by the Ministry of Industry and Trade.

Article 4. Authority issuing automatic import permits

1. The issuing authority for automatic import permits (hereinafter referred to as the Issuing Authority) includes the Regional Export-Import Management Departments under the Ministry of Industry and Trade, namely:

- The Export-Import Management Department of Hanoi City: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi; and

- The Export-Import Management Department of Ho Chi Minh City: 8 Nam Ky Khoi Nghia Street, District 1, Ho Chi Minh City.

2. The Heads and Deputy Heads of the Export-Import Management Departments of Hanoi and Ho Chi Minh Cities shall sign and confirm the applications for automatic imports and use the seal of their respective Export-Import Management Departments.

Article 5. Responsibilities of applicants for automatic import permits

Applicants for automatic import permits have the responsibility to:

1. Register business files with the Issuing Authority in accordance with Article 7;

2. Submit applications for automatic import permits to the Issuing Authority in accordance with Article 8 via postal mail at the address specified in Article 4;

Clause 3. Bear legal responsibility for the accuracy and truthfulness of declarations related to the application for automatic import permits.

Article 6. Responsibilities of the authority issuing automatic import permits

The Issuing Authority has the responsibility to:

1. Guide applicants for automatic import permits if requested;

2. Receive and examine business files and applications for automatic import permits;

3. Issue automatic import permits within the time limit prescribed in Article 10.

Article 7. Registration of trader files

1. Applicants for automatic import permits must register business files with the Issuing Authority when applying for an automatic import permit for the first time and may only be considered for issuance of an automatic import permit after registering their business files. Business files include:

a) Registration of the authorized person's signature or authorized representative's signature on the application for automatic import permit and the trader's seal (Appendix No. 02);

b) Certificate of business registration or investment certificate or business license: one copy (certified true copy by the trader);

c) Tax code registration certificate: one copy (certified true copy by the trader).

Clause 2. Any changes in the trader file must be notified to the Issuing Authority in writing.

Article 8. Application Documents for Automatic Import Permits

1. The documents for application for Import Permit for Automatic Imports include:

a) Application form for automatic imports: two copies according to the model attached as Appendix No. 03 to this Circular;

b) Import contract: one copy (certified true copy by the trader);

c) Commercial invoice: one copy (certified true copy by the trader);

d) Letter of Credit (L/C) or payment document or Bank Payment Confirmation (with attached Bank Payment Request Form) according to the model specified in Appendices No. 04 (A) and 04 (B): one copy (certified true copy by the trader);

đ) Bill of lading or transport document of the consignment: one copy (certified true copy by the trader);

2. In cases where goods are imported through land border gates or from duty-free zones, traders are not required to submit bills of lading or transport documents but must submit reports on the implementation of imports based on previously confirmed import applications according to the model specified in Appendix No. 05.

Article 9. Issuance of Import Permit for Automatic Imports

1. The Import Permit for Automatic Imports shall be issued within seven (7) working days from the date the issuing authority receives complete and valid documents from the trader as stipulated in Article 8.

2. In cases where traders have registered for automatic import permits through the Internet system as stipulated in Article 11, the automatic import permit will be issued within five working days from the date the Issuing Authority receives complete and valid documents from the trader in accordance with Article 8.

Article 10. Reissuance, Amendment, and Revocation of Import Permit for Automatic Imports

1. In case the automatic import permit is lost, misplaced, or damaged, the trader must provide an explanation letter requesting the Ministry of Industry and Trade to issue a new permit, accompanied by the application form. The Ministry of Industry and Trade will consider and issue a new automatic import permit if the original permit is still valid. If the original permit has expired, the trader must provide a request letter to the Ministry of Industry and Trade to cancel the lost, misplaced, or damaged permit and submit a new application for an automatic import permit.

The reissued Import Permit for Automatic Imports shall be issued within five (5) working days from the date the Ministry of Industry and Trade receives complete and valid documents from the trader requesting the reissue of the Import Permit for Automatic Imports.

2. In case it is necessary to amend one or more contents of the automatic import permit already confirmed by the Ministry of Industry and Trade, the trader must provide an explanation letter requesting the Ministry of Industry and Trade to make amendments, accompanied by relevant documents, a newly revised application form, and return the original confirmed automatic import permit (original copy).

The amended Import Permit for Automatic Imports shall be issued within five (5) working days from the date the Ministry of Industry and Trade receives complete and valid documents from the trader requesting additional or amendment.

3. In case the issued Import Permit for Automatic Imports does not comply with regulations, the Ministry of Industry and Trade will revoke the permit and notify relevant authorities.

Article 11. Registration for Automatic Import Permit via the Internet

Businesses may choose to register for import under the automatic import permit issuance system via the Internet before submitting the application dossier according to the following procedures:

1. Traders must declare information about their business files through the Internet using the software system prescribed by the Ministry of Industry and Trade and submit their business files to the location designated for automatic import permit applications when applying for an automatic import permit for the first time. Business files include:

a) Registration of the authorized person's signature or authorized representative's signature on the application for automatic import permit and the trader's seal (Appendix No. 02);

b) Certificate of business registration or investment certificate or business license: one copy (certified true copy by the trader);

c) Tax code registration certificate: one copy (certified true copy by the trader).

2. After obtaining access credentials to the software system, traders must declare information about their automatic import application through the software system prescribed by the Ministry of Industry and Trade. The status of the automatic import permit issuance process will be displayed online on the software system.

3. The Ministry of Industry and Trade shall review the information through the Internet interface and within 01 day notify the business of the review result through the Internet.

4. After receiving notification from the Ministry of Industry and Trade that the declared information through the Internet is complete and valid, the trader must submit the full set of documents to the Issuing Authority in accordance with Article 8.

5. Traders are responsible for equipping computers connected to the Internet and peripheral devices as prescribed by the Ministry of Industry and Trade before registering for automatic import permit issuance through the Internet system.

Article 12. Provisions on submitting the Automatic Import Permit when processing customs procedures

When processing import procedures, traders must submit to the Customs authority the Automatic Import Permit that has been confirmed by the Ministry of Industry and Trade or present it together with the deferred deduction form (in cases where imported goods are confirmed according to time periods), along with the import dossier as prescribed by current regulations, and must comply with current regulations regarding customs clearance ports, import commodity policies, specialized management of goods, and goods subject to conditional business operations.

Chapter III

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from September 20, 2012.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if any difficulties arise, businesses and related agencies, organizations, and individuals should report them in writing to the Ministry of Industry and Trade for prompt resolution./.