THE MINISTRY
OF INDUSTRY AND TRADE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No.:
05/2013/TT-BCT
|
Hanoi,
February 18, 2013
|
CIRCULAR
PRESCRIBING
ON TEMPORARY IMPORT BUSINESS ACTIVITIES FOR RE-EXPORT OF A NUMBER OF COMMODITY
KINDS
Pursuant to
the Government's Decree No. 95/2012/ND-CP, of November 12, 2012 defining the
functions, tasks, powers and organizational structure of the Ministry of
Industry and Trade;
Pursuant to to
the Government's Decree No. 12/2006/ND-CP, of January 23, 2006 detailing the
implementation of the implementation of the commercial law with respect to
international purchases and sales of goods; and agency for sale and purchase,
processing and transit of goods involving foreign parties;
In furtherance
of directions of the Prime Minister in the Directive No. 23/CT-TTg, of
September 07, 2012 of the Prime Minister on strengthening state management for
temporary import business activities for re-export, border-gate transfer and
sending in bonded warehouses;
The Minister
of Industry and Trade promulgates the Circular prescribing temporary import business activities for re-export
of a number of commodity kinds as follows:
Chapter 1.
GENERAL
PROVISIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Circular prescribes temporary import business
activities for re-export, including activities of sending goods from foreign
countries in bonded warehouses for export or re-export passing bordering
provinces.
2. Goods of temporary import business for re-export in the
scope of regulation of this Circular include:
a) Goods in List
specified in Article 3 of this Circular.
b) The used goods
in List banned from export, banned from import, temporarily suspended for
export, temporarily suspended for import as prescribed in the Decree No.
12/2006/ND-CP, of January 23, 2006 detailing the implementation of the
implementation of the commercial law with respect to international purchases
and sales of goods; and agency for sale and purchase, processing and transit of
goods involving foreign parties but not in Annex II promulgated together with
this Circular (hereinafter abbreviated to List of used goods).
3. The business activities of goods border-gate transfer in
Scope of regulation of this Circular are not entitled to implement through road
border-gates.
Article 2. Subjects of application
1. This Circular applies to Vietnamese traders (hereinafter
abbreviated to traders) doing temporary import business for re-export of goods specified
in clause 2 Article 1 of this Circular to re-export passing bordering
provinces; relevant agencies, organizations and individuals.
2. Traders with foreign investment capital shall comply with commitments
related to the Vietnam’s acceding to the World Trade Organization (WTO).
Chapter 2.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3. List of a number of commodity kinds
To promulgate
together with this Circular Lists of goods below:
1. Goods banned temporary import business for re-export and
border-gate transfer (Annex I).
2. Goods temporarily suspended from temporary import business
for re-export, border-gate transfer and sending in bonded warehouses (Annex
II).
3. Goods being frozen foods of temporary import business for re-export (Annex
III).
4. Goods subject to excise tax (Annex IV).
Chapter 3.
GRANT
OF CODE NUMBER OF TEMPORARY IMPORT BUSINESS FOR RE-EXPORT OF GOODS
Article 4. Temporary import
business for re-export of frozen foods
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. To be established before at least two (2) years and had
activities of export, import or temporary import for re-export of goods.
2. There is a deposit amount as VND 5
billion (five billion Vietnam dong) at the State Treasury of central-affiliated
cities and provinces where traders locate their storages as prescribed in clause
3 this Article.
3. There are storing areas in service for
temporary import business for re-export. Specifying:
a) Storing areas must have minimum containing power of 100 (one hundred)
cold containers of 40 feet, minimum area of one thousand fifty hundred square meters
(1,500 m2). Storing areas are separated from the outside by solid
fence, built with minimum height of two and a half meter
(2,5 m); have roads for vehicles carrying containers
to move in and out storing areas; have gate for out and enter, and signboard of
traders that use the storing areas.
b) Storing areas must sufficiently have power source (including electric
grid and backup
generator with equivalent output) and special-use equipment accompanied
in order to operate cold containers under containing power of storing areas
specified in point a clause 3 this Article.
c) Storing areas must be owned by the traders or signed leasing contracts
by traders, the minimum term is three (3) years. Storing areas must be in the
planning or in areas specified by the provincial People's Committee where the
operations of re-export of frozen foods take place. Planning and regions
specified above shall be decided by provincial People’s Committees after have
dealings with the Ministry of Industry and Trade and the General Department of
Customs.
d) For provinces
have not yet had activities of re-export of frozen foods in localities, when
arising and having demand on zoning storing areas for traders to participate in
temporary import business for re-export, provincial People’s Committees shall
have dealings with the Ministry of Industry and Trade and
the General Department of Customs before zoning.
e) A storing area which a trader has declared for grant of code number
temporary import business for re-export is not allowed to be rented wholly or a
part by other trader in order to use for purpose of applying for grant of code
number temporary import business for re-export.
Article 5. The temporary import business for re-export of goods subject
to excise tax
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. To be established before at least two (2) years and had
activities of export, import or temporary import for re-export.
2. There is a deposit amount as VND 5 billion (five billion
Vietnam dong) at the State Treasury of central-affiliated cities and provinces
where traders are granted Certificate of Business registration/ Enterprise
registration certificate.
Article 6. The temporary import business for re-export of goods in List
of used goods
Traders doing
temporary import business for re-export of goods in List of used goods
specified in point b clause 2 Article 1 must satisfy conditions specified in
clause 1, clause 2 Article 5 of this Circular.
Article 7. Grant of certificate of code number of temporary import
business for re-export of goods
1. Traders doing temporary import business for re-export of
frozen food in Annex III promulgated together with this Circular are granted
certificate of code number of temporary import business for re-export of frozen
foods (hereinafter abbreviated to Code number of temporary import for re-export
of frozen foods) when satisfy fully conditions specified in Article 4 of this
Circular. Dossier and procedures are implemented as follows:
a) The trader
sends a set (1) of dossier of registration for grant of code number of
temporary import for re-export of frozen foods by post to Department of Export
and Import, the Ministry of Industry and Trade (Address: 54 Hai Ba Trung, Hoan
Kiem, Ha Noi), including:
- Application for grant of code number of temporary import
for re-export of frozen foods (according to form set in Annex V): 01 original.
- Certificate of Business registration (or Enterprise
registration certificate): 01 copy with confirmation and stamped true copy of
trader.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Written confirmation of State Treasuries of
central-affiliated cities and provinces where trader locates storages on the
deposit amount as prescribed in clause 2 Article 4 of this Circular: 01
original.
- Written confirmation of the Electricity of
central-affiliated cities and provinces where trader locates storages on that
the storages have enough grid power sources to operate cold containers
according to the containing power: 01 original.
b) Within 10
(ten) working days, after receiving a full dossier and in accordance with
regulation, the Ministry of Industry and Trade shall inspect or authorize for
the provincial Service of Industry and Trade where trader has storages to
inspect, confirm conditions on storages of trader.
c) Within 10
(ten) working days, after having result of inspecting conditions on storages of
trader, the Ministry of Industry and Trade shall consider to grant Code number
of temporary import for re-export of frozen goods for trader. In case of
refusal for grant of Code number of temporary import for re-export of frozen
goods, the Ministry of Industry and Trade shall reply in writing and clearly
state the reason thereof.
2. Traders doing temporary import business for re-export of
goods in Annex IV promulgated together with this Circular are granted
certificate of code number of temporary import business for re-export of goods
subject to excise tax (hereinafter abbreviated to code number of temporary
import for re-export of goods subject to excise tax) when satisfy fully
conditions specified in Article 5 of this Circular. Dossier and procedures are
implemented as follows:
a) The trader
sends a set (1) of dossier of registration for grant of number code of
temporary import for re-export of goods subject to excise tax by post to
Department of Export and Import, the Ministry of Industry and Trade (Address:
54 Hai Ba Trung, Hoan Kiem, Ha Noi), including:
- Application for grant of number code of temporary import
for re-export of goods subject to excise tax (according to form set in Annex
VI): 01 original.
- Certificate of Business registration (or Enterprise
registration certificate): 01 copy with confirmation and stamped true copy of
trader.
- Written confirmation of the General Department of Customs
on that trader has activities of export, import of goods or temporary import
for re-export of goods as prescribed in clause 1 Article 5 of this Circular: 01
original.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Within 10
(ten) working days, after receiving a full dossier and in accordance with
regulation, the Ministry of Industry and Trade shall consider to grant code
number of temporary import for re-export of goods subject to excise tax for
trader. In case of refusal for grant of number code of temporary import for
re-export of goods subject to excise tax, the Ministry of Industry and Trade
shall reply in writing and clearly state the reason thereof.
3. Traders doing temporary import business for re-export of
goods in List of used goods specified in point b, clause 2 Article 1 of this
Circular are granted certificate of code number of temporary import business
for re-export of used goods (hereinafter abbreviated to code number of
temporary import for re-export of used goods) when satisfy fully conditions
specified in Article 6 of this Circular. Dossier of and procedures for grant of
code number of temporary import for re-export of used goods are implemented as
prescribed in clause 2 this Article (Application for grant of code number of
temporary import for re-export of used goods made in according to Form set in
Annex VII).
4. The code number as prescribed in clause 1, clause 2 and
clause 3 this Article is separate code number. Traders are entitled to do temporary
import business for re-export for only goods items of which they are granted
code number.
5. The code number as prescribed in clause 1, clause 2 and
clause 3 this Article is valid within three (3) years as from the grant day.
6. For goods from foreign countries sent into bonded
warehouses for export, re-export through bordering provinces, only traders who
have code number of those goods may fill their name in customs declarations for
putting goods into warehouse, ex-warehousing from bonded warehouses for export,
re-export. Traders who have no code number are not permitted to fill their name
in customs declarations for putting goods into bonded warehouses,
ex-warehousing for export, re-export of goods from bonded warehouses passing
bordering provinces.
7. Traders doing temporary import business for re-export of
goods in scope of regulation of this Circular but failing to re-export passing
bordering provinces in the North are not required to implement provisions of
this Circular.
Article 8. Re-grant of code number for traders
Code number of
trader may be re-granted in the following cases:
1. Code number granted is expired. Dossier of and procedures
re-grant of code number are complied with clause 1, clause 2 and clause 3
Article 7 of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Written
request for adjustment of content in code number: 01 original.
b) Code number
granted: 01 copy with confirmation and stamped true copy of trader.
c) Papers relating
to adjustment of content: 01 copy for each type with confirmation and stamped
true copy of trader.
3. Code number is lost or damagedd. Dossier includes:
a) Written
request for re-grant of code number: 01 original.
a) Confirmation
of competent agencies on lost or damage: 01 original.
Within 10 (ten)
working days, after receiving a full dossier and in accordance with regulation,
the Ministry of Industry and Trade shall re-grant the code number for trader.
In case of refusal for re-grant of number code, the Ministry of Industry and
Trade shall reply in writing and clearly state the reason thereof.
Chapter 4.
PROCEDURES
FOR TEMPORARY IMPORT FOR RE-EXPORT AND BORDER-GATES FOR RE-EXPORT
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. For frozen food in Annex III and goods in Annex IV
promulgated together with this Circular, the traders who have code number may
do procedures of temporary import for re-export at customs agencies as
prescribed, are not required permission of the Ministry of Industry and Trade.
2. For goods in List of used goods specified in point b clause
2 Article 1 of this Circular, the traders who have code number of temporary
import for re-export of used goods shall send request dossier to the Ministry
of Industry and Trade when implement temporary import for re-export. Dossier
and procedures are implemented as follows:
a) The trader
sends a set (1) of dossier requesting for license of temporary import for
re-export by post to Department of Export and Import, the Ministry of Industry
and Trade (Address: 54 Hai Ba Trung, Hoan Kiem, Ha Noi), including:
- Request for license of temporary import for re-export
(according to form set in Annex VIII): 01 original.
- Two contracts, including import contract and export
contract signed by trader with foreign customers: 01 copy for each type stamped
true copy by trader.
- Report on implementation of license of temporary import for
re-export granted (according to form set in Annex IX): 01 original.
- Customs declarations with confirmation on actual export of
customs agencies for consignments under license of temporary import for
re-export granted at previous time: 01 copy for each sheet and stamped true
copy by trader.
b) Within 10
(ten) working days, after receiving a full dossier and in accordance with
regulation, the Ministry of Industry and Trade shall grant license of temporary
import for re-export for trader. In case of refusal for license, the Ministry
of Industry and Trade shall reply in writing and clearly state the reason thereof.
3. The Minister of Industry and Trade shall authorize for the
Director, Deputy Director of Export and Import Department to grant license of
temporary import for re-export specified in clause 1 this Article for trader.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
When having
situation of goods jammed in port, border-gate and having risk of causing
environment pollution, relevant agencies shall notify to the Ministry of
Industry and Trade for consider to regulate goods temporarily imported for
re-export.
Regulation of
goods temporarily imported for re-export is implemented as follows:
1. The Ministry of Industry and Trade shall apply licensing of
temporary import for re-export for frozen goods.
2. In case of application of licensing of temporary import for
re-export, traders have code number of temporary import for re-export of frozen
foods shall send a request dossier to the Ministry of Industry and Trade when
implement temporary import for re-export. Dossier of and procedures are
complied with clause 1, clause 2 and clause 3 Article 9 of this Circular.
3. In necessary case, the Ministry of Industry and Trade shall
have document to request the trader to temporarily stop bringing goods into
Vietnam.
Article 11. Border-gate for re-export
1. Frozen foods in Annex III promulgated together with this
Circular are permitted to re-export through international border-gates, main
border-gates and border-gates, customs clearance spots in border-gate economic
zone established under permission of the Prime Minister and had sufficient
specialized control agencies in accordance with regulation.
2. Goods in Annex IV promulgated together with this Circular
are permitted to re-export through international border-gates, and
border-gates, customs clearance spots in border-gate economic zone established
under permission of the Prime Minister and had sufficient specialized control
agencies in accordance with regulation.
3. Goods in List of used goods specified in point b clause 2
Article 1 of this Circular are permitted to re-export through only
international border-gates.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
OTHER
PROVISIONS WHEN DO TEMPORARY IMPORT BUSINESS FOR RE-EXPORTS OF GOODS
Article 12. Sea waybill
1. Sea waybill for goods in temporary import business for
re-export in Scope of regulation in this Circular must be nominal bill, not
permitted to transfer.
2. Apart from contents in accordance with regulation, on the
Sea waybill must indicate code number of trader.
For case of
temporary import for re-export under license, on the bill of lading, it is
required to indicate license number granted to trader by the Ministry of
Industry and Trade.
Article 13. Time limit for storage of goods in Vietnam
1. Goods temporarily imported for re-export are stored in
Vietnam not exceed forty five (45) days after finishing customs procedures for
temporary import. In case when needs to prolong the time limit, trader must
have written request for extension and send to customs agency where procedures
for temporary import are done; each consignment of temporary import for
re-export shall be prolonged time limit once, time limit of extension does not
exceed fifteen (15) days.
When the time
limit mentioned above is over, within fifteen (15) days, trader must re-export
out Vietnam through temporary import border-gate, not be permitted to re-export
through any border-gate which is not the temporary import border-gate. Goods
fail to re-export shall be confiscated and handled in accordance with
regulation. In case of destruction, cost for destruction is deducted from the
deposit amount of trader.
2. For goods sent from foreign countries into bonded
warehouses for export, re-export through bordering provinces, time of doing
procedures for export, re-export shall not exceed fifteen (15) days, after
ex-warehousing from bonded warehouses.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Goods temporarily imported for re-export shall be inspected
and supervises by customs agencies as from being in the temporary import
border-gate until goods actually are re-exported overseas.
2. Not to divide containers in small ones during transport of
goods from the temporary import border-gate to the area supervised by customs
agencies, location of re-export must be in border-gate, customs clearance spot
in accordance with regulation.
3. Goods in scope of regulation of this Circular are
prohibited to turn type of temporary import business for re-export to import
for domestic consumption.
Chapter 6.
MANAGEMENT
AND USE OF DEPOSIT AMOUNTS OF TRADERS
Article 15. Management of
deposit amounts of traders
1. For goods in Annex III promulgated together with this
Circular, provincial State Treasuries where traders locate their storages shall
manage the deposit amounts of traders.
2. For goods in Annex IV promulgated together with this
Circular and goods in list of used goods specified in point b clause 2 Article
1, State Treasuries of central-affiliated cities and provinces where traders
are granted Certificate of Business registration/ Enterprise registration
certificate shall manage the deposit amounts of traders.
Article 16. Use of deposit amounts of traders
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Treating and
cleaning environment if traders’ goods cause environmental pollution in the
course of storage, temporary import for re-export in Vietnam.
b) Destructing
inventory fail to re-export, temporarily-imported goods which are
inconsistently with declaration and subject to be handle by destruction.
c) Paying other
costs arising because trader violates regulations on temporary import business
for re-exports of goods.
2. If a trader fails to pay costs as prescribed in clause 1
this Article, the above costs shall be deducted from the deposit amount of such
trader in the provincial State Treasury. Agency handling violation shall have
written request to the provincial State Treasury where trader made a deposit
security for use of deposit amount of trader in order to pay costs under
decision of the agency handling violation.
3. The agencies handling violation are responsible for
issuance of decisions on using deposit amounts of traders.
4. When handling violations of traders, agencies handling
violations shall notify immediately for the Ministry of Industry and Trade
aiming to coordinate in management and requesting traders for supplementation
of deposit amounts in accordance with regulation before continuing doing
temporary import business for re-export of goods.
Article 17. Returning deposit amounts to traders
After paying
costs (if any) as prescribed in clause 1 Article 16 of this Circular, traders
will be returned all or part of deposit amounts in the following cases:
1. Fail to be granted code number as prescribed in Article 7
of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Be withdrawn the granted code number because violate
regulations of this Circular.
Chapter 7.
HANDLING
OF VIOLATIONS
Article 18. Sanctions of handling of violations
Apart from
sanctions of handling of violations in temporary import business for re-export
of goods as prescribed by law, additionally prescribe some sanctions of
handling of violations as follows:
1. Temporarily stop activities of temporary import business
for re-export of goods of traders in the following cases:
a) Have not yet
supplemented full deposit security after have paid costs specified in Article
16 of this Circular. Trader is permitted to continue temporary import business
for re-export as prescribed in this Circular only after deposit amounts were
supplemented fully in accordance with regulation.
b) Fail to
temporarily stop bringing goods into Vietnam in order to implement requirement
of the Ministry of Industry and Trade in regulating of goods temporarily
imported for re-export as prescribed in clause 3 Article 10 of this Circular.
Time of temporary suspension is six (6) months, after ending this time limit,
if a trader continues violation, such trader shall be withdrawn code number of
temporary import for re-export.
2. Traders may be withdrawn the
code number of temporary
import for re-export of goods in the following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to
maintain conditions as prescribed in this Circular during doing temporary
import business for re-export of goods.
c) Failing to
supplement deposit amount as prescribed within 30 (ten) days, after receiving a
notice of the Ministry of Industry and Trade.
d) Violating in
hiring all or part of storing areas as prescribed in clause 3 Article 4 of this
Circular.
dd) Temporarily
importing for re-export of goods in List of goods banned temporary import business
for re-export, border-gate transfer or goods in List of goods temporarily
stopped import business for re-export, border-gate transfer and sending in
bonded warehouses.
e) Temporarily importing
for re-export of goods without license granted by the Ministry of Industry and
Trade in accordance with regulation.
Article 19. Time of re-grant of code number after being
withdrawn
Traders who are
withdrawn code number shall not be re-granted code number within one (1) year
since being withdrawn. Traders who are withdrawn code number of temporary
import for re-export of frozen foods shall not permitted to lease storages by
other traders aiming to apply for grant of code number of temporary import for
re-export of frozen foods.
Chapter 8.
ORGANIZATION
OF IMPLEMENTATION
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The relevant
agencies, organizations and traders, apart from responsibilities specified in
this Circular and regulations of relevant law on their functions, tasks, have
specific responsibilities as follows:
1. The Ministry of Industry and Trade:
a) To organize
inspection and confirmation on conditions on storing areas of traders doing
temporary import business for re-export of frozen goods or authorize for the
Services of Industry and Trade in inspection and confirmation.
b) To assume the
prime responsibility for, and coordinate with relevant agencies in order to
withdraw code number of trader and handle violations in accordance with
regulation.
2. The relevant provincial People’s Committees:
a) To formulate
master plans on storages meeting fully regulations on preservation of frozen
goods temporarily imported for re-export in their localities, not affecting to
environment and to contribute in preventing trade fraudulence.
Before planning
on storages, provincial People’s Committees shall consult the Ministry of
Industry and Trade and the General Department of Customs relating to assessment
on demand and ability of development of activities of temporary import for
re-export in localities, aiming to avoid case of unplanned and excessive
investment, causing waste. If storages have been approved, stipulated before
the effective day of this Circular, the plans have been approved and areas have
been stipulated shall be implemented.
a) Informing to
the Ministry of Industry and Trade when traders fail to maintain conditions as
prescribed in this Circular during doing temporary import business for
re-export.
c) Following up,
inspecting temporary import for re-export of goods of trades in their
localities aiming to prevent trade fraudulence, illegal import and to protect
environment; timely notify to the Ministry of Industry and Trade of situation
of delivery and receipt of goods in localities and propose measures of
management in order to reach objectives and avoid jams in ports, border-gates.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Coordinating
with functional agencies to strengthen inspection, control of goods temporarily
imported for re-export circulating in their localities; allocating forces to
ensure the close management and control of re-export of goods in re-export
border-gates; being resolute to strictly handle all cases of violation in accordance
with regulation.
3. The relevant provincial State Treasuries:
a) Organizing
management and use of deposit amounts of traders as prescribed in this
Circular.
b) Timely notify
to the Ministry of Industry and Trade and provincial People’s Committees when
the deposit amounts of traders are used for payment of costs under decisions of
agencies handling violations.
4. The General Department of Customs:
a) Monthly
supplying for the Ministry of Industry and Trade the following information in order
to regulate goods and have timely-handling measures:
- Quantity of goods temporarily imported for re-export in
scope of regulation of this Circular.
- Quantity of goods temporarily imported for re-export in
backlog over the prescribed time limit.
b) Notifying to
the Ministry of Industry and Trade in case trader violates regulations on
temporary import business for re-exports of goods.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Traders doing temporary import business for re-export of
goods:
a) Maintaining
conditions as prescribed in this Circular during doing temporary import
business for re-export of goods.
b) Seriously
implement clearance of the frozen foods in ports, border-gates into their
storages at the request of the Ministry of Industry and Trade in case happening
jams.
c) Collecting and
handling waste, sewage in order to prevent and fight epidemics, assure
environment hygiene at storages in service for temporary import business for
re-export of frozen foods.
d) Periodically
report before 25th day of each month (by post office and by email) to the
Ministry of Industry and Trade, People’s Committee and the Service of Industry
and Trade of provincial level where traders have storages, deposit security,
and where goods re-exported going through, regarding implementation of
temporary import for re-export of goods of all kinds (in according to the form
set in the Annex X).
Chapter 9.
EFFECT
Article 21. Transitional provisions
1. Within 60 days, as from the effective day of this Circular,
traders who have been granted certificates of code number of temporary import
for re-export of frozen foods as prescribed in the Circular No. 21/2011/TT-BCT,
of May 20, 2011 of the Minister of Industry and Trade providing on management
of business activities of temporary import for re-export of frozen foods, must
supplement fully conditions specified in clause 2, clause 3 Article 4 and
submit dossier requesting for grant of code number as prescribed in clause 1
Article 7 of this Circular, in order to be permitted to continue doing
temporary import business for re-export of frozen foods specified in Annex III
in according to provisions in this Circular, it is not required to have written
confirmation of the General Department of Customs as prescribed in clause 1
Article 4 of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 22. Effect
1. This Circular takes effect from April 04, 2013 and the
following documents are annulled:
a) The Circular
No. 33/2010/TT-BCT, of September 11, 2010 of the Minister of Industry and Trade
providing on temporary import business for re-export, border-gate transfer of
viscera of cattle and poultry whether be frozen or not.
b) The Circular
No. 21/2011/TT-BCT, of May 20, 2011 of the Minister of Industry and Trade
providing on management of activities of temporary import business for
re-export of frozen foods.
c) The Decision
No. 5737/QD-BCT, of September 28, 2012 of the Minister of Industry and Trade,
on temporarily announcing the lists of goods in temporary import business for
re-export, border-gate transfer and sending in bonded warehouses.
2. In the course of implementation of this Circular, if
arising any problems, relevant agencies, organizations and traders doing
temporary import business for re-export of goods should report in writing to
the Ministry of Industry and Trade for timely settlement.
FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Tran Tuan Anh