Circular No. 35/2014/TT-BCT on the application of automatic import permit issuance regime for certain fertilizer products

CIRCULAR

Regulations on the application of automatic import permit issuance regime for certain fertilizer products

automatically for certain fertilizer items

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and foreign goods buying, selling, processing, and transiting activities;

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

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

The Minister of Industry and Trade issues this Circular regulating the application of the automatic import permit issuance regime for certain fertilizer products.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the application of the automatic import permit issuance regime for certain fertilizer products listed in Appendix I attached hereto.

2. Imported fertilizers 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 imported fertilizers for re-export, temporary exported fertilizers for re-import, transshipment, and transit;

b) Fertilizer imports for testing, sample making, and scientific research.

Article 2. Applicability

This Circular applies to state management agencies and traders implementing fertilizer imports.

Chapter II
PROCEDURE AND PROCEDURES FOR AUTOMATIC IMPORT PERMIT ISSUANCE

Article 3. Automatic Import Permit Issuance

1. The automatic import permit is issued by the Ministry of Industry and Trade to traders in the form of confirmation of the Import Registration Form for each consignment.

2. The automatic import permit is valid for thirty (30) days from the date of confirmation by the Ministry of Industry and Trade.

Article 4. Authority issuing automatic import permits

1. The authority issuing the automatic import permit is the Department of Import-Export, Ministry of Industry and Trade (hereinafter referred to as the Issuing Authority).

2. The addresses for receiving applications and issuing automatic import permits include:

a) Department of Import-Export, Ministry of Industry and Trade: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City;

b) Representative Office of the Department of Import-Export in Ho Chi Minh City: No. 12 Vo Van Kiet Street, Floor 2, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City.

Article 5. Application Documents for Automatic Import Permit Issuance

1. Application documents for automatic import permit issuance include:

a) Automatic Import Registration Form: two (2) copies (in accordance with Model No. 1 stipulated in Appendix II attached hereto);

b) Business Registration Certificate or Business Operation Registration Certificate or Investment Certificate with fertilizer business operation: one (1) copy (certified true copy stamped by the trader);

c) Import Contract or other documents having equivalent value to a contract: one (1) copy (certified true copy stamped by the trader);

d) Commercial Invoice: one (1) copy (certified true copy stamped by the trader);

đ) Letter of Credit (L/C) or payment documents: one (1) copy (certified true copy stamped by the trader); or bank payment confirmation (accompanied by Bank Payment Confirmation Request Form) in accordance with Model No. 2 and Model No. 3 stipulated in Appendix II attached hereto: one (1) original;

e) Transport Document or transport document of the imported consignment: one (1) copy (certified true copy stamped by the trader).

2. In the case of goods imported through land border gates or from non-tariff zones, traders are not required to submit transport documents but must submit the Report on Implementation of Import Registration Form confirmed previously in accordance with Model No. 4 stipulated in Appendix II attached hereto.

Article 6. Procedures for Issuing Import Permits for Automatic Imports

1. The trader shall send one (1) set of application documents for issuing an Import Permit for Automatic Imports to the address of the issuing authority specified in Clause 2, Article 4 of this Circular via postal service. The date of receipt of the application file is calculated based on the date recorded on the official receipt stamp.

2. The time limit for issuing an Import Permit for Automatic Imports is seven (7) working days from the date when the complete and valid application file is received. The issuing authority will examine and issue the Import Permit for Automatic Imports to the trader; if not issued, the authority must respond in writing stating the reasons.

3. In case the application file is incomplete or invalid, within three (3) working days from the date of receiving the file, the issuing authority shall issue a written request for the trader to supplement and complete the file.

4. The Import Permit for Automatic Imports shall be sent to the trader via postal service at the address stated on the Application Form.

Article 7. Reissuing, Amending, and Revoking Import Permits for Automatic Imports

1. In case the Import Permit for Automatic Imports is lost, misplaced, or damaged, the trader shall submit an explanation letter requesting reissue of the permit to the issuing authority along with the Application Form according to Model No. 1 Appendix II attached to this Circular.

Within five (5) working days from the date the issuing authority receives the complete and valid application file of the trader, the authority will review and reissue the Import Permit for Automatic Imports if the previously issued permit is still valid. If the application file is incomplete or invalid, the provisions of Clause 3, Article 6 of this Circular shall apply.

2. In case there is a need to amend the contents of the previously issued Import Permit for Automatic Imports, the trader shall submit an explanation letter requesting amendment to the issuing authority, along with a new Application Form (according to Model No. 1 Appendix II attached to this Circular), relevant supporting documents, and the previously issued Import Permit (original copy).

The amended Import Permit for Automatic Imports will be issued within five (5) working days from the date the issuing authority receives the complete and valid application file of the trader. If the application file is incomplete or invalid, the provisions of Clause 3, Article 6 of this Circular shall apply. If the authority does not reissue the permit, it must respond in writing stating the reasons.

3. In case the previously issued Import Permit for Automatic Imports was issued incorrectly, or the trader violates the provisions of this Circular or related laws governing the management of imported goods, the issuing authority will revoke the permit and notify in writing the relevant agencies.

Article 8. Other Provisions

1. When processing import procedures, the trader must submit the issued Import Permit for Automatic Imports together with the import file as stipulated currently to the Customs Authority and must comply fully with all regulations concerning imported goods under specialized management.

2. Fertilizers listed in Appendix I of this Circular can only be imported through international border gates and main border gates. In special cases, importing fertilizers listed in Appendix I of this Circular through secondary border gates or open passages must have a written permit from the Ministry of Industry and Trade.

Chapter III
IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from December 1, 2014.

Article 10. Responsibility for Implementation

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./.

 

 

ANNEX I

LIST OF FERTILIZER ITEMS APPLYING THE AUTOMATIC IMPORT LICENSE REGIME
(Annexed to Circular No. 35/2014/TT-BCT dated October 15, 2014, issued by the Minister of Industry and Trade regarding the application of the automatic import license regime for certain fertilizer items)

Goods CodeDescription of Goods3102.10.00Urea, whether or not in aqueous solution3105.20.00Mineral or chemical fertilizers containing three basic elementsnitrogen, phosphorus, and potassium

 

ANNEX II

SAMPLE FORMS

(Annexed to Circular No. 35/2014/TT-BCT dated October 15, 2014, issued by the Minister of Industry and Trade regarding the application of the automatic import license regime for certain fertilizer items)

Model No. 1: Application Form for Importing Under the Automatic License Regime

NAME OF MERCHANT
-------SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------Number:
Regarding Application for Importing Under the Automatic License Regime..., day ... month ... year ...

 

Respectfully submitted to: Department of Import-Export - Ministry of Industry and Trade

- Trader's Name:...

- Address:...

- Telephone:…Fax:…

- Business Registration Certificate/Registration for Business Operation/Investment Registration:...

We request the Department of Import-Export to confirm the registration for importing under the automatic license regime as stipulated in Circular No..../2014/TT-BCT dated month day year 2014 of the Minister of Industry and Trade, details of the consignment as follows:

Serial numberGoods NameHS Code (8 digits)Country of exportQuantity or VolumeCNM1………… 2………… …………… 

Import Contract No.:...date...month...year...

Commercial Invoice No......date......month...year......

Bill of Lading or Transport Document No:...date...month...year...

Payment Document No....date...month...year or Letter of Credit No...date ...month...year...

Total Quantity/Volume:...

Total Value (USD):...

(Converted to USD in case of payment in other foreign currencies)

Port of Entry:...

(In case of import from a duty-free zone, please specify clearly)

Expected Time for Import Procedures:

(Indicate expected from date...month...year... to date...month...year...)

 

Registered at the Department of Import-Export
Hanoi (or Ho Chi Minh City),
Date...month...year 20...
Registration Valid for Implementation for 30 Days from
the Date the Department of Import-Export Signs Confirmation
Legal representative of the trader
(State position, sign and stamp)

 

Model No. 2: Request for Bank Payment Confirmation

NAME OF MERCHANT
-------SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------Number:..., day ... month ... year ...

 

REQUEST FOR BANK PAYMENT CONFIRMATION

Dear: Bank...

To complete the application file for issuing an Import Permit for Automatic Imports according to Circular No.../2014/TT-BCT dated month day year 2014 of the Minister of Industry and Trade, Company... (Please specify name, address, Business Registration Certificate/Registration for Business Operation/Investment Registration...) requests Bank...to confirm bank payment for our company's automatic import consignment specifically as follows:

1. Consignment Details:

1.1. Import Contract No:...

1.2. Commercial Invoice No:...

1.3. Payment Method:...

1.4. Total Contract Value:...(In words and figures)

2. Content of Request for Confirmation:

2.1. Our company currently has account number...at Bank...

2.2. At the time of confirmation, the balance on the account is:...

2.3. The latest payment date through the bank is:...

3. Company Commitments:

3.1. Ensure sufficient funds for payment to the seller and must make payment through the confirming bank. If our company breaches this commitment, the bank has the right to refuse confirmation for subsequent consignments without being responsible for any additional costs or losses incurred (if any).

3.2. Bear all incidental costs and take full responsibility under the law for the authenticity of the declared information, for any claims or losses arising from our request for the bank to issue this confirmation document.

3.3. Use this document solely to complete the application file for requesting an Import Permit for Automatic Imports

 

Enclosed:
- Copy of the Import Contract
- Copy of the Commercial InvoiceLEGAL REPRESENTATIVE
(State position, sign and stamp)

 

Model No. 3: Bank Payment Confirmation Certificate

BANK NAME
-------SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------Number:..., day ... month ... year ...

 

BANK PAYMENT CONFIRMATION CERTIFICATE

In accordance with the Request for Bank Payment Confirmation No... for the automatic import shipment under the Import Contract No... of the company... (name, address, Business Registration Certificate/Business Operation Registration Certificate/Investment Certificate...), The bank confirms as follows:

1. The company... currently has account number... at our bank. At the time of confirmation, the balance on the account is...

2. The company... has committed to use the above account at our bank to pay for the shipment under the Import Contract No:..., with a total value of the shipment being:... (Write the amount in words and numerals), according to the payment method of:...

3. The latest date for bank payment is:...

4. This confirmation certificate is only valid until the date... (write the final payment commitment date of the company) and is solely for completing the application for automatic import permit. If the company... does not make the bank payment within the aforementioned period, the bank reserves the right to refuse confirmation for subsequent shipments without liability for any additional costs or losses incurred (if any).

5. This is not a bank's payment commitment to the seller.

 

 BANK REPRESENTATIVE
(State position, sign and stamp)

 

Model No. 4: Report on Implementation of Imports

NAME OF MERCHANT
-------SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------Number:..., day ... month ... year ...

 

REPORT ON IMPLEMENTATION OF IMPORTS
(For goods imported with confirmed registration for import timing)

Respectfully submitted to: Department of Import-Export - Ministry of Industry and Trade

Pursuant to Circular No.../2014/TT-BCT dated month day year 2014 of the Minister of Industry and Trade regarding the application of the automatic import permit system for certain goods, the trader reports the implementation of imports as follows:

The trader hereby certifies that the information and data reported above are accurate.

 

 Legal Representative of the Trader
(State position, sign and stamp)