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THE MINISTRY OF INDUSTRY AND TRADE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 23/2012/TT-BCT
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Hanoi, August 07, 2012
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CIRCULAR
ON THE APPLICATION OF AUTOMATIC IMPORT
LICENSES TO SOME STEEL PRODUCTS
Pursuant to the Government's Decree No. 189/2007/NĐ-CP on December 27,
2007 on defining the functions, tasks, powers and organizational structure of
the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 44/2011/NĐ-CP on June 14, 2011,
amending and supplementing the Government's Decree No. 189/2007/NĐ-CP on
December 27, 2007 on defining the functions, tasks, powers and organizational
structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 12/2006/NĐ-CP on January 23,
2006 detailing the implementation of the Law on Trade applicable to
international trading, and the agent activities of trading, processing, and
transiting goods with foreign parties;
Pursuant to the Prime Minister’s Decision No. 41/2005/QĐ-TTg on March
02, 2005 on the Regulation on licensing imports;
The Minister of Industry and Trade prescribes the application of automatic
import licenses to some steel products as follows:
Chapter I
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Article 1. Scope of regulation
1. This Circular prescribes the application of automatic import licenses
to some steel products specified in Annex 01 promulgated together with this
Circular.
2. The imported steel products in the following cases are not regulated by
this Circular and shall comply with current provisions:
a) Goods temporarily imported for re-export, temporarily exported for
re-import, goods in transit;
b) Non-trading imported goods;
c) Goods imported for production, processing (including goods imported for
assembly, repair, and warranty).
Article 2. Subjects of application
This Circular is applicable to State management agencies, importers and
relevant organizations and individuals.
Chapter II
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Article 3. The issue automatic import licenses
1. Automatic import licenses issued by the Ministry of Industry and Trade
to traders in form of certifying the import registration sheet of each
consignment.
2. Automatic import licenses are valid for 30 days as from being certified
by the Ministry of Industry and Trade.
Article 4. Agencies that issue automatic import licenses
1. Agencies that issue automatic import licenses (hereinafter referred to
as licensing agencies) are the local Export and Import Management Offices
affiliated to the Ministry of Industry and Trade, including:
- Export and Import Management Office of Hanoi: 25 Ngo Quyen street, Hoan
Kiem district, Hanoi;
- Export and Import Management Office of Ho Chi Minh city: 08 Nam Ky Khoi Nghia street, District 1 , Ho Chi Minh city;.
2. The Directors, Deputy Directors of Export and Import Management Office
of Hanoi and Export and Import Management Office of Ho Chi Minh city shall sign
and certify the automatic import registration sheet, and use the seal of the local
Export and Import Management Office.
Article 5. Responsibility of applicants for automatic import licenses
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1. Register for the trader dossier at the licensing agency as prescribed
in Article 7;
2. Submit the application for the automatic import license to the
licensing agency as prescribed in Article 8 by post to the address specified in
Article 4;
3. Bear responsibility before laws for the accuracy and authenticity of
the statement related to the application for the automatic import license.
Article 6. Responsibility of agencies that issue automatic import
licenses
Licensing agencies must:
1. Guide the applicants for automatic import licenses when being
requested;
2. Receive and check the trader dossier and the application for the
automatic import license;
3. Issue the automatic import license punctually as prescribed in Article
10.
Article 7. Registering for the trader dossier
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a) The specimen signature of a competent person or an authorized person
that signs the Application for the automatic import license, and the seal of
the trader (Annex 02);
b) The Certificate of business registration, or the Investment
certificate, or the Business license: 01 copy (bearing the authentication seal
of the trader);
c) The tax code registration certificate: 01 copy (bearing the
authentication seal of the trader).
2. All the changes in the trader dossier must be notified in writing to
the licensing agency.
Article 8. The application for the automatic import license
1. The application for the automatic import license includes:
a) The automatic import registration sheet: 02 sheets under the form in
Annex 03 promulgated together with this Circular;
b) The import contract: 01 copy (bearing the authentication seal of the
trader).
c) The commercial invoice: 01 copy (bearing the authentication seal of the
trader);
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dd) The bill of lading or the transportation document of the consignment :
01 copy (bearing the authentication seal of the trader);
2. If the goods is imported through land border-gates, or imported from
non-tariff zones, the trader may not submit the bill of lading or the
transportation document, and must submit the report on the import of the import
registration sheet certified previously under the from in Annex 05.
Article 9. The issue of automatic import licenses
1. The automatic import license is issued within 07 working days as from
the licensing agency receives the complete and valid dossier from the trader as
prescribed in Article 8.
2. In case the trader applies for the automatic import license online as
prescribed in Article 11, the automatic import license shall be issued within
05 working days as from the licensing agency receives the complete and valid
dossier from the trader as prescribed in Article 8.
Article 10. The reissue, adjustment and revocation of automatic import
licenses
1. If the automatic import license is lost or damaged, the trader shall
submit the written explanation to the Ministry of Industry and Trade for
reissuing the License, enclosed with the registration sheet. The Ministry of
Industry and Trade shall consider and reissue the automatic import license if
the issued one is unexpired. If the issued automatic import license has
expired, the trader shall submit the written request to the Ministry of Industry
and Trade for voiding the lost or damaged License, and apply for another
automatic import license.
The automatic import license shall be reissued within 05 working after the
Ministry of Industry and Trade receives the complete and valid dossier from the
applicant.
2. If the contents of the automatic import license, that have been
certified by the Ministry of Industry and Trade, need to be changed, the trader
shall submit a written explanation and request for adjustment to the Ministry
of Industry and Trade, enclosed with the relevant documents, the adjusted
registration sheet, and return the certified automatic import license
(original);
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3. If the automatic import license is improperly issued, the Ministry of
Industry and Trade shall revoke the License and notify the relevant agencies.
Article 11. Applying for automatic import licenses online
Traders may register the import in form of licensing automatic import
online before submitting the dossier in the following order:
1. The trader must provide information about the trader dossier on the
internet using the software provided by the Ministry of Industry and Trade, and
send the trader dossier to the automatic import license application address
when applying for the first automatic import license. The trader dossier
includes:
a) The specimen signature of a competent person or an authorized person
that signs the Application for the automatic import license and the seal of the
trader (Annex 02);
b) The Certificate of business registration, or the Investment
certificate, or the Business license: 01 copy (bearing the authentication seal
of the trader);
c) The tax code registration certificate: 01 copy (bearing the
authentication seal of the trader).
2. After receiving the software account, the trader shall provide the
information about the application for automatic import using the software
provided by the Ministry of Industry and Trade. The process of licensing
automatic import shall be displayed online by the software.
3. The Ministry of Industry and Trade shall verify the information on the
internet and notify the verification result to the trader via the internet
within 01 day.
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5. The trader must have a computer connected to the internet and the
peripherals as prescribed by the Ministry of Industry and Trade before applying
for automatic import licenses online.
Article 12. The submission of automatic import licenses when carrying
out customs procedures
When carrying out import procedures, the trader must submit the automatic
import license certified by the Ministry of Industry and Trade to the customs
agency, or present the count-down sheet (if the goods is certified by date)
together with the import dossier as prescribed by current law provisions, and
must comply with the current provisions on goods customs clearance, import
policy, goods subject to line management and goods subject to conditional
business.
Chapter III
ORGANIZING
THE IMPLEMENTATION
Article 13. Effect
This Circular takes effect on September 20, 2012.
Article 14. Implementation responsibility
During the course of implementation of this Circular, traders and relevant
agencies, organizations and individuals must send written feedbacks on the
difficulties to the Ministry of Industry and Trade for settlement./.
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FOR THE MINISTER
DEPUTY MINISTER
Nguyen Thanh Bien