Circular No. 24/2010/TT-BCT on the application of automatic import permit regime for certain goods

CIRCULAR

Regulations on the application of 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 foreign agency buying, selling, processing, and transiting goods;

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 promulgates the regulations on the application of the automatic import permit regime for certain goods as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the application of the automatic import permit regime for traders importing goods listed in Appendix No. 01 attached hereto.

Article 2. Goods imported in the following cases are not subject to the provisions 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 imports;

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

d) Goods imported from outside into special economic zones and goods produced, processed, or assembled in such zones imported into the domestic market;

e) Goods imported for sale at duty-free shops;

g) Goods imported to form fixed assets of investment projects under the Investment Law.

Chapter II

AUTOMATIC IMPORT PERMIT ISSUANCE

Article 2. Registration for Automatic Import Permit Issuance

Clause 1. The Ministry of Industry and Trade issues automatic import permits to traders in the form of confirmation of import registration forms for each consignment. For goods imported through land border gates and from special economic zones into the domestic market, the registration for import is confirmed over time.

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.

Clause 3. The Director, Deputy Director of the Department of Foreign Trade, the Director - Head of the Representative Office, and the Deputy Director - Deputy Head of the Representative Office of the Ministry of Industry and Trade in Ho Chi Minh City shall sign to confirm the automatic import registration forms 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.

Article 3. Documents for Automatic Import Permit Issuance

Clause 1. The documents for registering for automatic import permits include:

a) Automatic import registration form: two copies (in accordance with the model prescribed in Appendix No. 02 issued together with this Circular).

b) Business registration certificate or investment certificate or business license: one copy (certified true copy stamped by the trader).

c) Import contract or other documents having equivalent value to a contract: one copy (certified true copy stamped by the trader).

d) Commercial invoice: one copy (certified true copy stamped by the trader).

e) Letter of Credit (L/C) or payment documents: one copy (certified true copy stamped by the trader); or bank payment confirmation (accompanied by a request for bank payment confirmation) in accordance with the models prescribed in Appendices No. 03 and No. 04 issued together with this Circular: one original copy.

g) Bill of lading or transport document of the consignment: one copy (certified true copy stamped by the trader).

Clause 2. In the case of goods imported through land border gates and from special economic zones, traders are not required to submit bills of lading or transport documents but must submit a report on the implementation of previous import registrations that have been confirmed, in accordance with the model prescribed in Appendix No. 05 issued together with this Circular.

Clause 3. Address for receiving applications for automatic import permit issuance:

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

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

The Ministry of Industry and Trade requests traders to send their applications for permit issuance via postal service to the addresses mentioned above.

Article 4. Time for Issuing Automatic Import Permits

1. The time for issuing automatic import permits is seven working days from the date the Ministry of Industry and Trade receives a complete and valid application file from the trader as stipulated in Article 3.

2. The automatic import permit will be sent to the trader via postal service at the address stated on the registration form.

3. In cases where the importer's registration file submitted to the Ministry of Industry and Trade is incomplete or invalid, the Ministry of Industry and Trade will send a notification to the trader via postal service at the address stated on the registration form.

Article 5. Provisions on Automatic Import Permits when Processing Customs Formalities

When processing import formalities, the trader must submit the automatically issued import permit granted by the Ministry of Industry and Trade together with the import file as prescribed under current regulations and must comply with all current regulations regarding border gates, import commodity policies, specialized management of goods, and conditional business goods.

Article 6. Reissuing, Amending, and Revoking Automatic Import Permits

1. In cases where the automatically issued import permit is lost, misplaced, or damaged, the trader shall submit the registration file as stipulated in Article 3 and a statement requesting reissue of the permit to the Ministry of Industry and Trade. The automatically issued import permit will be reissued within five working days from the date the Ministry of Industry and Trade receives a complete and valid file from the trader.

2. In cases where the automatically issued import permit is not lost, misplaced, or damaged but has expired, the trader shall submit the registration file as stipulated in Article 3, the original automatically issued import permit already granted, and a request to revoke the existing permit and apply for a new one to the Ministry of Industry and Trade.

3. In cases requiring amendments to the content of the already issued automatically issued import permit, the trader shall submit the registration file as stipulated in Article 3 (including the revised registration form), the original automatically issued import permit already granted, and a statement requesting amendment of the permit to the Ministry of Industry and Trade. The amended automatically issued import permit will be issued within five working days from the date the Ministry of Industry and Trade receives a complete and valid file from the trader.

4. In cases where the issued automatically issued import permit does not comply with regulations, the Ministry of Industry and Trade will revoke the permit and notify relevant agencies.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect from July 12, 2010, and replaces Circular No. 17/2008/TT-BCT dated December 12, 2008, issued by the Minister of Industry and Trade guiding the implementation of the automatic import permit issuance system for certain commodities.

Article 8. Transitional Provisions

Automatically issued import permits granted by the Ministry of Industry and Trade before July 12, 2010, according to Circular No. 17/2008/TT-BCT dated December 12, 2008, issued by the Minister of Industry and Trade guiding the implementation of the automatic import permit issuance system for certain commodities, continue to be valid according to their confirmed contents.

Article 9. Responsibility for implementation

During the implementation of this Circular, if any issues arise, traders and related parties should report them in writing to the Ministry of Industry and Trade for prompt resolution.