THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
118/2009/TT-BTC
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Hanoi,
June 9, 2009
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CIRCULAR
GUIDING
THE IMPORT OF CURRENTLY USED CARS AS MOVABLE ASSETS OF OVERSEAS VIETNAMESE WHO
HAVE COMPLETED REGISTRATION PROCEDURES FOR PERMANENT RESIDENCE IN VIETNAM
Pursuant to June 29, 2001
Customs Law No. 29/2001/QH10 and June 14, 2005 Law No. 42/2005/QH11 Amending
and Supplementing a Number of Articles of the Customs Law;
Pursuant to June 14, 2005 Law No. 45/2001/QH11 on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Finance;
Pursuant to the Government’s Decree No. 154/2005/ND-CP dated December 15, 2005,
detailing a number of articles of the Customs Law regarding customs procedures,
inspection and regarding customs procedures, inspection and supervision;
Pursuant to the Government’s Decree No.149/2005/ND-CP dated December 8, 2005,
detailing the Law on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006,
detailing the Commercial law regarding goods international trading and goods
trading agency, processing and transit with foreign partners;
The Ministry of Finance guides
the import of currently used cars as movable assets of overseas Vietnamese who
have completed registration procedures for permanent residence in Vietnam as
follows:
I. GENERAL PROVISIONS
Article 1. Scope of
regulation
This Circular guides the import
of currently used cars as movable assets (referred to as currently used cars)
of overseas Vietnamese who have completed registration procedures for permanent
residence in Vietnam (referred to as overseas Vietnamese allowed to
repatriate).
Article 2. Subjects of
regulation
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II. SPECIFIC GUIDANCE
Article 3. Conditions for
the import of currently used cars
1. Each overseas Vietnamese
allowed to repatriate may import one currently used private car.
2. A currently used car must be
registered for use in the country of residence or country where an overseas
Vietnamese comes to work (other than the country of residence) prior to the
completion of procedures for the grant of the book for permanent residence in
Vietnam to the overseas Vietnamese allowed to repatriate.
3. Currently used cars must
comply with Clauses 2 and 3 of Part I, and Part II of Joint Circular No.
03/2006/TTLT-BTM-BGTVT-BTC-BCA dated March 31, 2006, of the Ministries of Trade
(now Industry and Trade); Transport; Finance; and public Security, guiding the
import of used under-16 seat cars under the Government's Decree No.
12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law regarding
goods international trading and goods trading agency, processing and transit
with foreign partners.
Article 4. Dossier of and
procedures for grant of permits for the import of currently used cars
1. A dossier of application for
a permit for the import of a currently used car comprises:
- Car import application (with
the local administration's certification of the address of residence): 1
original;
- Passport/repatriation
laissez-passer appended with the entry certification stamp of the border-gate
immigration management agency: 1 notarized copy, enclosed with the original for
comparison;
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- Registration paper of the car
being in use or car deregistration paper in a foreign country, issued by a
competent agency of the host country or country where the overseas Vietnamese
comes to work (other than the country of residence): 1 notarized Vietnamese
translation, enclosed with the original for comparison;
- Bill of lading: 2 pieces (one
duplicate of the original and another is a copy; or one original of the bill of
lading printed with the word "copy" and one copy).
2. Procedures for grant of
permits for the import of currently used cars:
a/ Provincial-level Customs
Departments shall receive the dossiers specified in Clause 1 of this Article
and grant car import permits under current regulations to overseas Vietnamese
allowed to repatriate residing in the provinces or cities where the Customs
Departments are headquartered, and shall manage these permits.
b/ An overseas Vietnamese
allowed to repatriate who resides in a province or city where no customs office
exists may apply for a car import permit at a provincial-level Customs
Department which is most convenient for him/her.
Article 5. Dossier of and
procedures for the import of currently used cars
1. A dossier of carrying out car
import procedures comprises:
- Car import permit: 2
originals;
- Bill of lading: 1 copy
(appended with a stamp of provincial-level Customs Department which has granted
the car import permit);
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2. Car import procedures:
a/ The procedures for the import
of a currently used car shall be carried out at the customs office of the
border gate (through which the car is transported from abroad) under current
regulations applicable to used cars. Particularly, Vietnamese allowed to
repatriate who reside in countries bordering Vietnam may carry out car import
procedures at land international border gates.
b/ The procedures for the import
of currently used cars shall be carried out under current regulations
applicable to non-commercial imports and relevant guiding documents.
c/ Upon completion of the
customs clearance procedures for a currently used car, the head of the
border-gate customs office shall certify the non-commercial import/export
customs declaration and will not issue a declaration of origin for the imported
car; and shall return to the repatriate one (01) car import permit (with
certification of completion of car import procedures by the border-gate customs
office which has carried out car import procedures) and one (01) non-commercial
import/export customs declaration (the copy to be retained by the customs
declarant).
Article 6. Tax policies
The import of currently used
cars of overseas Vietnamese allowed to repatriate complies with current tax
policies under the Law on Import Duty and Export Duty, the Law on Excise Tax
and the Law on Value-Added Tax.
III. IMPLEMENTATION
PROVISIONS
Article 7. Effect
1. This Circular takes effect 45
days from the date of its signing; to annul Joint Circular No.
27/2001/TTLT/BTM-TCHQ dated December 6, 2001, of the Ministry of Trade (now the
Ministry of Industry and Trade) and the General Department of Customs, guiding
the import of cars by a number of entities through non-commercial channel, and
relevant guiding documents.
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FOR
THE MINISTER OF FINANCE
VICE MINISTER
Do Hoang Anh Tuan