Circular No. 53/2015/TT-BCT detailing the registration of import goods lists, temporary import - re-export for foreign contractors in the construction sector in Vietnam

CIRCULAR

Details on registering the import list, temporary import - re-export of foreign contractors in the construction sector

are provided in Decree No. 87/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and related agency buying, selling, processing, and transit of goods with foreign countries; Vstrict N |||am

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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;

Decree No. 1The Ministry of Industry and Trade issues this Circular to detail the registration of the import list, temporary import - re-export of foreign contractors in the construction sector in Vietnam as follows:i This Circular is promulgated with the National Technical Regulation on Quality of Fixed Land Broadband Internet Access Service (QCVN 34:2019/BTTTT).i This Circular details the registration of the import list, temporary import - re-export for implementing tender contracts of foreign contractors in construction projects in Vietnam.

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

At the proposal of the Director of the Planning Department,

Bộ trưởng Bộ Công anngThis Circular applies to foreign contractors who have been granted Construction Operation Licenses by competent Vietnamese authorities, project sponsors, and construction project owners related to foreign contractors.rime Minister cArticle 3. Registration of Import List, Temporary Import - Re-Export

PART I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

1. Foreign contractors holding Construction Operation Licenses and having signed tender contracts may register the import list of raw materials, fuels, materials, complete and integrated equipment for the project, and the import and temporary import - re-export list of construction materials, machinery, and equipment according to the provisions of this Circular.

Article 2. Applicability

2. The import list of raw materials, fuels, materials, and complete and integrated equipment for the project must be consistent with the tender contract.

3. The import and temporary import - re-export list of construction materials, machinery, and equipment must be agreed upon by the project sponsor or project owner with the foreign contractor in accordance with Clause 3 of Article 75 of Decree No. 59/2015/NĐ-CP.

4. The registration of the import list of raw materials, fuels, materials, and complete and integrated equipment for the project under the tender contract, and the import and temporary import - re-export list of construction materials, machinery, and equipment shall be carried out for the entire tender contract or in phases consistent with the construction progress of the project.

5. In cases where imported goods or temporarily imported - re-exported goods belong to the prohibited import list, suspended import list, conditional import list, import under permit, or special import regulations managed by Ministries and ministerial-level agencies, the conditions for import and temporary import shall be implemented in accordance with Decree No. 187/2013/NĐ-CP.

6. The import period, temporary import - re-export period, and temporary export - re-import period shall be carried out according to the agreement between the project sponsor or project owner and the foreign contractor and registered with the Customs Office at the port of entry.

7. Foreign contractors may choose to submit the registration dossier for the import list, temporary import - re-export through direct submission, postal service, or online via the Internet as stipulated in Chapter II of this Circular.

8. Foreign contractors are responsible for the accuracy of the information declared in the registration dossier for the import list, temporary import - re-export and bear responsibility for any damage arising from inaccurate declaration or falsification of the dossier content.

Article 4. Handling of Excess Materials of Foreign Contractors

Foreign contractors shall handle excess raw materials, fuels, materials, and equipment that have been imported in accordance with customs laws, without the need to go through procedures with the Ministry of Industry and Trade.

8. The foreign contractor shall be responsible for the accuracy of the information declared in the registration dossier for the import goods list, temporary importation-re-exportation, and shall be liable for any damage arising from the declaration of inaccurate information or falsification of the dossier content.

Article 4. Disposal of surplus materials of foreign contractors

Foreign contractors shall dispose of surplus raw materials, fuels, materials, and equipment that have been imported in accordance with the laws on customs, without having to go through procedures with the Ministry of Industry and Trade.

Article 5. Procedures for Importing, Exporting, Temporary Importation - Re-exportation, and Temporary Exportation - Re-importation of Goods by Foreign Contractors

1. After being confirmed by the Ministry of Industry and Trade on the registration of the list of imported goods, temporary importation - re-exportation, foreign contractors shall implement procedures for importing, exporting, temporary importation - re-exportation, and temporary exportation - re-importation (including temporary importation - re-exportation and temporary exportation - re-importation for warranty and repair services) in accordance with the laws on customs.

2. In cases where foreign contractors wish to continue using machinery and equipment temporarily imported for construction projects they have won bids for in Vietnam, foreign contractors shall register the list of machinery and equipment temporarily imported for other construction projects according to the provisions of this Circular with the Ministry of Industry and Trade, then proceed with re-exportation and temporary importation procedures at the customs authority.

3. In cases where foreign contractors transfer machinery and equipment that has been temporarily imported to another foreign contractor for construction projects in Vietnam, the transferring foreign contractor shall handle re-exportation procedures at the customs authority without requiring confirmation from the Ministry of Industry and Trade. The receiving foreign contractor shall register the list of machinery and equipment temporarily imported for construction projects according to the provisions of this Circular with the Ministry of Industry and Trade.

4. In cases where foreign contractors agree with foreign owners to sell, lease, lend, or donate machinery and equipment that has been temporarily imported or exported for use in Vietnam, foreign contractors shall follow the relevant customs laws without requiring confirmation from the Ministry of Industry and Trade.

5. Foreign contractors may directly or through agency handle import and export procedures at the customs authority in accordance with the laws on agency import and export.

Chapter II

PROCEDURES FOR REGISTERING AND AMENDING THE LIST OF IMPORTED GOODS AND TEMPORARY IMPORTATION - RE-EXPORTATION

Article 6. Registration of the List of Imported Goods for Construction Projects and Imported Goods and Temporary Importation - Re-exportation for Construction Purposesi Directly at the Ministry of Industry and Trade or via postal service

1. Registration of the List of Imported Goods for Construction Projects and Imported Goods and Temporary Importation - Re-exportation for Construction Purposes

The application dossier includes one set comprising:

a) Application form according to the Model prescribed in Appendix I (one original copy);

b) List of imported goods for construction projects according to the Model prescribed in Appendix II (one original copy);

c) List of imported goods and temporary importation - re-exportation for construction purposes according to the Model prescribed in Appendix III (one original copy);

d) Agreement document between the project owner or project sponsor and the foreign contractor regarding the list of imported goods and temporary importation - re-exportation for construction purposes (one original copy) in cases where foreign contractors register the list of imported goods and temporary importation - re-exportation for construction purposes;

đ) Certificate of construction operation of the foreign contractor (one certified copy, only applicable for the first-time application for a construction project).

2. Amendment of the List of Imported Goods for Construction Projects and Imported Goods and Temporary Importation - Re-exportation for Construction Purposes

The application dossier includes one set comprising:

a) Application form for amendment according to the Model prescribed in Appendix I (one original copy);

b) Amended list of goods according to the Model prescribed in Appendix IV (one original copy);

c) Agreement document between the project owner or project sponsor regarding the amendment of the list of imported goods and temporary importation - re-exportation for construction purposes (one original copy) in cases where foreign contractors amend the list of imported goods and temporary importation - re-exportation for construction purposes.

3. Within two working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall check and request supplementary information if the dossier is incomplete or invalid. The request for supplementary information shall be made only once during the entire dossier processing period.

4. Within five working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall issue a confirmation document for the registration of the list of imported goods and the list of imported goods and temporary importation - re-exportation. If the confirmation is denied, the reasons must be clearly stated in writing.

Article 7. In cases where a list of imported goods for construction projects and imported goods and temporarily imported for re-export serving construction works is registered online via the Interneti 1. Foreign contractors shall register to use digital signatures in accordance with the provisions of the law.

2. The first time foreign contractors register a list of imported goods for construction projects and a list of imported goods and temporarily imported for re-export serving construction works, they must register an account to participate in the online software system via the Internet with the Ministry of Industry and Trade.

a) The registration dossier includes:

- A sample of the signature of the authorized person signing or the person authorized by the foreign trader to sign the application form;

- A sample of the seal of the project management office of the foreign contractor;

- Construction business license of the foreign contractor.

b) Detailed steps for registering an account shall be carried out according to the guidance on using the website of the online software system. The status of the dossier processing will be displayed online on the online software system.

c) Within one working day from the date the foreign contractor reports the registration dossier, the Ministry of Industry and Trade will check and request additional information if the dossier is incomplete or invalid. The request for additional information will be made through the online software system and can only be done once during the entire dossier processing period.

d) Within one working day from the date the Ministry of Industry and Trade receives a complete and valid registration dossier of the foreign contractor through the online software system, the Ministry of Industry and Trade will register the account for the foreign contractor and notify the account information to the foreign contractor through the online software system.

3. Foreign contractors use the provided account information to log into the online software system and report information about the registration dossier, adjust the list of imported goods, and the list of imported goods and temporarily imported for re-export when necessary.

Foreign contractors fill in all required information about the registration dossier, adjust the list of imported goods, and the list of imported goods and temporarily imported for re-export according to the formats and templates specified in the online software system and submit it online through the online software system.

The templates and formats specified in the online software system are part of the dossier prescribed in Article 6 of this Circular. Detailed steps for reporting information about the dossier shall be carried out according to the guidance on using the website of the online software system. The status of the dossier processing will be displayed online on the online software system.

4. Within one working day from the date the foreign contractor reports information about the registration dossier on the Internet, the Ministry of Industry and Trade will check and request additional information if the content of the dossier does not comply with the regulations. The request for additional information will be made through the online software system and can only be done once during the entire dossier processing period.

5. Within five working days from the date the Ministry of Industry and Trade receives a complete and valid dossier of the foreign contractor through the system, the Ministry of Industry and Trade will issue a confirmation document for the registration and adjustment of the list of imported goods, and the list of imported goods and temporarily imported for re-export. If the confirmation is refused, a document stating the reasons must be issued.

6. The results will be delivered via the Internet and sent by postal service to the foreign contractor.

Foreign contractors who have been confirmed by the Ministry of Industry and Trade to register the list of imported goods for construction projects and the list of imported goods and temporarily imported for re-export serving construction works before this Circular takes effect may continue to handle import and export procedures at customs authorities until the expiration date specified in the confirmation document of the Ministry of Industry and Trade.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Transitional Provisions

The Planning Department of the Ministry of Industry and Trade is responsible for implementing the confirmation procedure for the registration of the list of imported goods for construction projects and the list of imported goods and temporarily imported for re-export serving construction works of foreign contractors; it is responsible for monitoring, urging, and inspecting the implementation of this Circular.

Article 9. Implementation Organization

1. This Circular takes effect from February 12, 2016.

Article 10. Effective Date

2. This Circular abolishes Circular No. 15/2011/TT-BCT dated March 30, 2011 of the Ministry of Industry and Trade on the procedures for registering imported goods, temporarily imported for re-export, and surplus goods of foreign contractors in the construction sector in Vietnam.

3. During the implementation process, if any difficulties arise, organizations and individuals concerned should reflect them to the Ministry of Industry and Trade for timely guidance and resolution./.

3. During the implementation process, if any difficulties arise, organizations and individuals concerned shall report to the Ministry of Industry and Trade for timely guidance and resolution./.