Consolidated document 06/VBHN-BCT in 2020 merges the Circular guiding the Law on Foreign Trade Management and Decree 69/2018/ND-CP guiding the Law on Foreign Trade Management issued by the Ministry of Industry and Trade

CIRCULAR

ELABORATING SOME ARTICLES OF THE LAW ON FOREIGN TRADE MANAGEMENT AND GOVERNMENT’S DECREE NO. 69/2018/ND-CP DATED MAY 15, 2018 ELABORATING SOME ARTICLES OF THE LAW ON FOREIGN TRADE MANAGEMENT

The Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade elaborating some Articles of the Law on Foreign Trade Management and Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some Articles of the Law on Foreign Trade Management, which comes into force from June 15, 2018, is amended by:

The Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to regulations on periodic reporting specified in the Circulars or Joint Circulars promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020.

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some Articles of the Law on Foreign Trade Management;

At the request of Director of Department of Export and Import;[1]

Chapter I

GENERAL

Article 1. Scope

This Circular provides for:

1. Detailed list of used consumer goods, medical devices and vehicles prohibited from import and HS codes under the management of the Ministry of Industry and Trade.

2. Detailed list of commodities subject to the suspension of temporary import and re-export and merchanting trade and HS codes.

3. Specimens, forms and issuing authorities of the Ministry of Industry and Trade prescribed in the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some Articles of the Law on Foreign Trade Management (hereinafter referred to as “the Decree No. 69/2018/ND-CP”).

4. Import tariff-rate quotas.

Article 2. Regulated entities

This Circular applies to Vietnamese traders; organizations and individuals related to foreign trade activities prescribed by the Law on Foreign Trade Management.

Chapter II

LIST OF COMMODITIES

Article 3. List of commodities prohibited from import

A detailed list of used consumer goods, medical devices and vehicles prohibited from import and HS codes under the management of the Ministry of Industry and Trade is provided in the Appendix I hereof.

Article 4. List of commodities subject to suspension of temporary importation and merchanting trade

1. A detailed list of commodities subject to the suspension of temporary import and re-export and merchanting trade and HS codes is provided in the Appendix II hereof.      

2. The list of commodities prescribed in Clause 1 of this Article does not apply to the merchanting trade transaction where commodities move from the exporting country to the importing country, without going through Vietnam’s border checkpoints.

Chapter III

SPECIMENS, FORMS AND ISSUING AUTHORITIES

Article 5. Certificate of Free Sale (CFS)

1. The specimen of the application form for issuance of CFS is provided in the Appendix III hereof.

2. The authorities issuing CFS to exports under the management of the Ministry of Industry and Trade include:

- Import-Export Administration Office in Hanoi - Department of Export and Import - Ministry of Industry and Trade: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City

- Import-Export Administration Office in Danang - Department of Export and Import - Ministry of Industry and Trade: 7B Cach Mang Thang Tam Street, Hai Chau District, Danang City.

- Import-Export Administration Office in Ho Chi Minh City - Department of Export and Import - Ministry of Industry and Trade: 8th Floor, 12 Nguyen Thi Minh Khai Street, District 1, Ho Chi Minh City.

Article 6. License for temporary import and re-export; License for temporary import and re-export in other forms; License for temporary import and re-export; License for merchanting trade

1. The specimen of the application form for issuance of license is provided in the Appendix IV hereof.

2. The form of the report related to the issued license for temporary import and re-export and license for merchanting trade prescribed in Point d Clause 1 and Point d Clause 4 Article 19 of the Decree No. 69/2018/ND-CP is provided in the Appendix V hereof.

3. The issuing authority is the Department of Export and Import - Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi CityArticle 7. Temporary import and re-export code

1. The specimen of the application form for issuance of the temporary importation code is provided in the Appendix VI hereof.

2. The form of confirmation of deposit payment by the enterprise for issuance of license is provided in the Appendix VII hereof.

3. The form of the temporary import and re-export report prescribed in Clause 5 Article 31 of the Decree No. 69/2018/ND-CP is provided in the Appendix VIII hereof.

Quarterly reports shall be submitted before the 10th of the first month of the succeeding quarter to the Department of Export and Import - Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City and via email of the Department of Export and Import.

4. The issuing authority is the Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

Article 8. License for transit of commodities

1. The specimen of the application form for issuance of the license for transit of commodities is provided in the Appendix IX hereof.

2. The issuing authority is the Department of Export and Import - Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

3. Regarding the transited commodities of the country sharing its borders and signing an agreement on transit of commodities with Vietnam, regulations specified in such agreement and guidelines of the Ministry of Industry and Trade shall be adhered to.

Article 9. License for manufacture and outward processing of military uniforms and license for import of military uniform samples

1. The specimen of the application form for issuance of the license for manufacture and outward processing of military uniforms for foreign armed forces is provided in the Appendix X hereof.

2. The specimen of the application form for import of military uniform samples for examination in advance is provided in the Appendix XI hereof.

3. The issuing authority is the Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

Article 10. Cooperation in providing information

1. The General Department of Customs shall provide information and data to the Ministry of Industry and Trade as prescribed in Article 34 of the Decree No. 69/2018/ND-CP. Information and data shall be provided using the forms in the Appendix XII hereof.

a) The form for provision of statistics on temporary importation: Specimen No. 1.

b) The form for statistics on violations of regulations on temporary importation and merchanting trade: Specimen No. 2.

2. Quarterly forms for provision of information shall be submitted before the 10th of the first month of the succeeding quarter to the Department of Export and Import - Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City and via email of the Department of Export and Import.

Chapter IV

TARIFF-RATE QUOTAS

Article 11. List of commodities imported under tariff-rate quotas

Article 12. Deciding and announcing import tariff-rate quotas

1. The succeeding year’s import tariff-rate quotas imposed on salt, poultry eggs, refined sugar and raw sugar shall be decided by the Ministry of Agriculture and Rural Development and announced to the Ministry of Industry and Trade by November 15.

2. The succeeding year’s import tariff-rate quotas imposed on unmanufactured tobacco shall be decided by the Ministry of Industry and Trade by November 15.

3. According international commitments and import tariff-rate quotas prescribed in Clauses 1 and 2 of this Article, the Ministry of Industry and Trade shall officially announce annual import tariff-rate quotas and decide on methods for managing import of each commodity.

Article 13. Imposition of export duties on commodities imported under tariff-rate quotas

1. The trader issued with the license for importing commodities under tariff-rate quotas or by the Ministry of Industry and Trade or receiving a written notice of the right to use import tariff-rate quotas given by the Ministry of Industry and Trade is entitled to apply inside tariff quota rates on the imports specified in the license for importing commodities under tariff-rate quotas or the written notice of the right to use import tariff-rate quotas.

2. Regarding the commodities imported outside the tariff-rate quotas, the outside tariff quota rates shall be applied.

3. Regarding the cases in which the applied method for managing import tariff-rate quotas is different from that specified in Clause 1 of this Article, regulations and guidelines of the Ministry of Industry and Trade shall be adhered to.

4. The inside and outside tariff quota rates shall be applied in accordance with the Government’s regulations.

Article 14. Entities eligible to be issued with license for importing commodities under the tariff-rate quotas

1. Regarding unmanufactured tobacco, the trader that has been issued with the license for manufacture of cigarettes by the Ministry of Industry and Trade and wishes to use imported unmanufactured tobacco to manufacture cigarettes.

2. Regarding salt, the trader that wishes to use salt for manufacture that is confirmed by a competent regulatory authority.

3. Regarding poultry eggs, the trader that wishes to import poultry eggs.

4. Regarding refined sugar and raw sugar, adhering to the annual guidelines of the Ministry of Industry and Trade in consultation with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

5. The Ministry of Industry and Trade shall decide on time for allocation of tariff-rate quotas on the commodities prescribed in Clause 1 of this Article.

Regarding the commodities prescribed in Clauses 2, 3 and 4 of this Article, the Ministry of Industry and Trade shall discuss the time for allocation of tariff-rate quotas with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

Article 15. Issuance of license for importing commodities under the tariff-rate quotas

1. According to the import tariff quotas announced annually and the one specified in the trader's application for registration, the Ministry of Industry and Trade shall consider issuing the license for importing commodities under the tariff-rate quotas to the trader.

2. The application for issuance of the license for importing commodities under the tariff-rate quotas is prescribed in Points a and b Clause 1 Article 9 of the Decree No. 69/2018/ND-CP, including:

a) 1 original of the application form, which is made using the specimen in the Appendix XIII.

b) 1 copy of the Investment certificate or business registration certificate or enterprise registration certificate, which must bear the trader’s seal.

3. Procedures for issuing the license for importing commodities under the tariff-rate quotas are prescribed in Clause 2 Article 9 of the Decree No. 69/2018/ND-CP. To be specific:

a) The trader shall submit an application prescribed in Clause 2 of this Article, directly or by post or online (if applicable), to the Ministry of Industry and Trade (the Department of Export and Import), 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

b) In case the application is insufficient or invalid or additional documents need to be provided, within 3 working days from date on which the application is received, the Ministry of Industry and Trade shall request the trader to complete the application.

c) The license for importing commodities under the tariff-rate quotas shall be issued to the trader within 10 working days from the date of allocation prescribed in Clause 5 Article 14 of this Circular and receipt of the satisfactory application.

If the application is rejected, the Ministry of Industry and Trade shall provide a written explanation.

4. [2] Each trader shall submit a periodic import report before the 10th of the first month of the succeeding quarter or an ad hoc import report by post at the request of the Ministry of Industry and Trade (the Department of Export and Import) using the specimen in the Appendix XIV hereof.

Before September 30, each trader is required to submit a report (as a substitute for the third-quarter report) on his/her capacity for import during the year and expected increase or decrease in the current import quotas or the quantity of commodities which cannot be imported to the Ministry of Industry and Trade by post.

Chapter V

IMPLEMENTATION CLAUSE

Article 16. Transitional clauses

Licenses issued by the Ministry of Industry and Trade to traders as prescribed in the documents providing guidelines for the Government's Decree No. 187/2013/ND-CP dated November 20, 2013 before effective date of this Decree shall remain valid until their expiry date.

1. This Circular comes into force from the day on which it is signed.

2. This Circular supersedes the following documents:

a) Circular No. 04/2014/TT-BCT dated January 27, 2014 of the Ministry of Industry and Trade.

b) Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Ministry of Industry and Trade.

c) Circular No. 49/2015/TT-BCT dated December 21, 2015 of the Ministry of Industry and Trade.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.

[1] The Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to regulations on periodic reporting specified in Circulars promulgated or jointly promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020, is promulgated pursuant to:

 “The Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

 The Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting by state administrative agencies;

At the request of the Chief of the Ministry Office;”

[2] This Clause is amended by Article 25 of the Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to regulations on periodic reporting specified in the Circulars and Joint Circulars promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020.

3 Article 37 of the Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to regulations on periodic reporting specified in Circulars promulgated or jointly promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020, stipulates that:

Article 37. Effect

1. This Circulars comes into force from February 05, 2020.

2. The following is abolished:

a) Clause 6 Article 1 of the Circular No. 33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and Trade.

b) Article 4 of the Circular No. 51/2018/TT-BCT dated December 19, 2018 of the Minister of Industry and Trade.

c) Clause 20 Article 1 of the Circular No. 31/2018/TT-BCT dated October 05, 2018 of the Minister of Industry and Trade.

d) Article 29 of the Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade.

3. Applicable periodic reporting regulations in the industry and trade sector shall stipulate data collection period as prescribed in Article 12 of the Decree No. 09/2019/ND-CP.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.”

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