Decision No. 2504/2005/QĐ-BTM on issuing the Regulation on managing temporary import for re-export and transshipment of goods prohibited from importation and temporarily suspended from importation.

DECISION OF THE MINISTER OF TRADE

Regarding the issuance of the Management Regulation for Temporary Importation and Re-exportation Business, Transfer of Prohibited Imports, and Suspension of Imports

Goods

________________________

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries;

Pursuant to the guidance of the Prime Minister in Document No. 935/TTg-KTTH dated July 7, 2005 concerning temporary importation and re-exportation business, transfer, and storage in bonded warehouses;

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

DECISION:

Article 1. The Management Regulation for Temporary Importation and Re-exportation Business, Transfer of Prohibited Imports, and Suspension of Imports is hereby promulgated together with this Decision.

Article 2. The Circular No. 16/2000/TT-BTM dated August 21, 2000 of the Ministry of Trade guiding the temporary importation and re-exportation business, transfer of automobile and cigarette products into the Chinese market is hereby abolished.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 4. Provincial People's Committees where there are Border Economic Zones as stipulated in Decision No. 53/2001/QĐ-TTg dated April 19, 2001 of the Prime Minister, the Director of the Department of Foreign Trade, the Head of the Office, and related units of the Ministry of Trade, and traders dealing with prohibited imports and suspended imports shall be responsible for implementing this Decision.

REGULATIONS

MANAGEMENT OF TEMPORARY IMPORTATION AND RE-EXPORTATION BUSINESS, TRANSFER

FOR PROHIBITED IMPORTS AND SUSPENDED IMPORTS

(Issued together with Decision No. 2504/2005/QĐ-BTM dated October 10, 2005

of the Minister of Trade)

Article 1. Scope of application

Article 1. This Regulation governs the management and delegation of management between the Ministry of Trade and the People's Committees of provinces with Border Economic Zones as stipulated in Decision No. 53/2001/QĐ-TTg dated April 19, 2001 of the Prime Minister (hereinafter referred to as the People's Committees of provinces with Border Economic Zones) over the temporary importation and re-exportation business, transfer of prohibited imports, and suspended imports.

Article 2. The temporary importation and re-exportation business, transfer of prohibited imports, and suspended imports shall be carried out in accordance with this Regulation and relevant provisions in the Regulation on Business through Transshipment and the Regulation on Business through Temporary Importation and Re-exportation issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998 of the Minister of Trade.

Article 2. Temporary Importation and Re-exportation, Transfer Goods

Clause 1. It is prohibited to temporarily import and re-export, or transfer goods listed in the List attached to this Regulation.

Clause 2. For prohibited imports and suspended imports not included in the List attached to this Regulation, traders may only temporarily import and re-export, or transfer after obtaining permission in writing from the Ministry of Trade or the People's Committee of the province with a Border Economic Zone according to the provisions of this Regulation.

Article 3. Authority Responsible for Issuing Permits for Temporary Importation and Re-exportation, Transfer of Prohibited Imports and Suspended Imports

Clause 1. The Ministry of Trade is responsible for issuing permits for temporary importation and re-exportation, or transfer of prohibited imports and suspended imports through international border gates and international seaports of Vietnam.

Clause 2. The People's Committee of the province with a Border Economic Zone is responsible for issuing permits for temporary importation and re-exportation, or transfer of prohibited imports and suspended imports at Border Economic Zones.

Clause 3. The coordination in issuing permits for temporary importation and re-exportation, or transfer of prohibited imports and suspended imports between the Ministry of Trade and the People's Committee of the province with a Border Economic Zone shall be carried out as follows:

Point a. If traders request temporary importation through international border gates and seaports and re-exportation through Border Economic Zones, they must first obtain permission from the People's Committee of the province with a Border Economic Zone for re-exportation at the Border Economic Zone before applying for a temporary importation permit from the Ministry of Trade.

Point b. If traders have already been granted a temporary importation and re-exportation, or transfer permit by the Ministry of Trade through international border gates and seaports and subsequently request re-exportation through a Border Economic Zone, they must present the permit issued by the Ministry of Trade as the basis for applying for permission from the People's Committee of the province with a Border Economic Zone for re-exportation through the Border Economic Zone.

Article 4. Requirements for Temporary Importation and Re-exportation, Transfer Business of Prohibited Exports and Suspended Imports

Clause 4.1. For permits issued by the Ministry of Trade:

The means of cargo handling must be international transport vehicles as prescribed by the Maritime Law and current regulations of the Ministry of Transport.

Payment must be made through banks in accordance with the regulations of the State Bank of Vietnam.

Clause 4.2. For the People's Committee of the province with a Border Economic Zone:

The People's Committee of the province with a Border Economic Zone shall base on current regulations, international customs, and local conditions to combat commercial fraud and smuggling to establish conditions for granting permits for temporary importation and re-exportation, or transfer of prohibited imports and suspended imports at Border Economic Zones.

Article 5. Implementation Provisions

Clause 5.1. Quarterly, the People's Committee of the province with a Border Economic Zone shall be responsible for submitting written reports on the situation of permit issuance in their locality, anti-smuggling, and anti-commercial fraud activities related to permit issuance to the Ministry of Trade for consolidation and reporting to the Prime Minister.

Clause 5.2. Any violation of this regulation shall be handled in accordance with the law.