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Circular 53/2015/tt-Bct: Detailing The Registration Category, Imports Import-Re-Export Of Foreign Contractors In The Field To Build In Vietnam

Original Language Title: Thông tư 53/2015/TT-BCT: Quy định chi tiết việc đăng ký danh mục hàng nhập khẩu, tạm nhập – tái xuất của nhà thầu nước ngoài trong lĩnh vực xây dựng tại Việt Nam

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MINISTRY OF COMMERCE
Number: 53 /2015/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 30, 2015

IT ' S SMART

Regulation of registration of import, import-to-import catalog Republished

of the foreign contractor in the field of construction at V. All right N -

________________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 1 87 /2013/NĐ-CP November 20, 2013 by the Government Regulation ch i - i The Commercial Law of International Sales of goods and acquisitions, sales, public and transit activities with foreign countries;

Base of Protocol 59 /2015/NĐ-CP June 18, 2015 by the Government on the management of the construction investment project;

On the recommendation of the Chief of Planning,

Minister of C cell Traders Issued the details of the registration of the list of imports. Move. u, entry-to-re-export of foreign contractor in the field of construction in Vietnam as follows:

Chapter I

GENERAL REGULATION

What? 1. Ph Yes. Micro-tuning

This information regulates the registration of a portfolio of imports, on-entry-re-export to implement a contract for the foreign contractor in the construction of construction work in Vietnam.

What? 2. Subject applies

This is applicable to foreign contractors who have been licensed by the Vietnamese authority to grant the construction of the construction, owner of the investment, and the construction of the construction work involved in the foreign contractor.

What? 3. Register for import, advance-to-export portfolio

1. The foreign contractor has had a construction permit and has signed a bid to be registered in the portfolio of raw materials, fuel, materials, all-and-synchrony devices for the work, import and entry portfolio-reexporting supplies, machinery, and more. It ' s a construction device that ' s built in this same way.

2. The portfolio of materials imports, fuel, materials, all-and-synchrony devices for the work must be consistent with the tender contract.

3. Identity and entry-entry-reentry, machinery, construction construction equipment must be chaired by the investment holder, or project holder agreement with foreign contractor by regulation at paragraph 3 Article 75 The number of regulations. 59 /2015/NĐ-CP.

4. The registration of the portfolio of raw materials, fuel, materials, all-and-synchrony devices for the contract of the contract for the contract, the import and entry portfolio-republishing supplies, machinery, construction construction equipment for the entire contract. I ' m going to have a contract with the progress of construction work.

5. The case of import, advance-to reappear in the category of import or suspend import or import is conditional or imported under a license and a specialized management of the ministries and agencies across the Ministry or in accordance with the rules. Separately, the import condition, the prescribed implementation by regulation at the Digital Decree 187 /2013/NĐ-CP.

6. The entry-to-import, temporary, temporary, temporary-reentry-reentering the agreement by the investment holder or the project holder with foreign contractor and register with the store of the store Customs.

7. The foreign contractor is selected to file a registration of a portfolio of imports, on-entry-re-export-to the method: directly or via the postal or online via the Internet according to regulation at this Chapter II.

8. The foreign contractor is responsible for the accuracy of the manifest information in the filing of a portfolio of imports, on-entry-reexporting and responsible for damages arise from unaccurate information prescribation behaviour, forgery of lake content. Sister,

What? 4. Handout the balance of foreign contractor

Foreign contractors carry out the processing of raw materials, fuels, materials, and equipment that have imported the remainder in accordance with the regulation of the customs law, not carrying out procedures with the Ministry of Commerce.

What? 5. The procedure to import, export, advance-re-export, temporary-re-entry of the foreign contractor

1. After being confirmed by the Ministry of Industry to register a portfolio of imports, reentry-re-export, foreign contractors carry out the procedure of import, export, advance-re-export, temporary-re-entry (including temporary-reentry, temporary reentry-re-entry to protect). The law, the law, the customs, the customs.

2. The case of foreign contractor has the need to continue to use machinery, equipment due to its entry to other construction work due to his bid in Vietnam, foreign contractor working as a register of machine portfolio, entry equipment to public competition. It is a different kind according to the Ministry of Commerce, and then the procedure of re-entry and integration at the customs office.

3. The case of a foreign contractor moving machinery, equipment that has been on-entry for other foreign contractors to enforce the work in Vietnam, foreign contractor to transfer machinery, equipment as a restarting procedure at the customs authority, does not require a confirmation text. Of the Ministry of Commerce. The foreign contractor took on the machinery, which has since re-established itself as a register for the portfolio of machinery, a temporary device for the implementation of the procedure as defined in this Information with the Ministry of Commerce.

4. The case of foreign contractors is agreed upon by foreign owners agreement on the sale, giving, giving or to other businesses renting, borrowing for use in Vietnam machines, equipment, supplies that have been entering, temporarily, foreign contractors as procedures in accordance with the rules. The law of customs, without the confirmation of the Ministry of Commerce.

5. Foreign contractor is directly or commissioned as an export-export procedure at the customs authority under the law of import export.

Chapter II

REGISTRATION PROCEDURE, IMPORT OF IMPORT ITEMS, ENTRY-TO-IMPORT ITEMS

What? 6. The case of registering a portfolio of imports for the work, imports and entry-re-export of the th ... i work directly at the Ministry of Commerce or by post office

1. Register a portfolio of imports for the work, imports and advance-re-export the construction of construction construction.

Register 1 file:

a) Subscriptions to the specified Form at Annex I (1 main);

b) The catalogue of imports for work by the prescribed Form at Annex II (primary);

c) The category of import and entry-to-re-export-reexporting the construction competition under the prescribed Form at Annex III (main 1);

d) The agreement of the investment holder or project holder with foreign contractor on the portfolio of imports and invelation-reexporting the construction of construction (1 major copies) in the case of foreign contractors registering a portfolio of imports and temporary reportage-recycling. The construction of construction works;

The construction operation of the foreign contractor (1 copy of the real evidence, applies only to the first registration records for a work).

2. Regulatory of imported items for the work, import and entry-reintegration of the construction construction competition.

Register 1 file:

a) The application of the adjustment in the prescribed Form at Annex I (1 main);

b) The category of adjuvables according to the specified Form in Annex IV (1 major);

c) The agreement of the investment holder or project holder on the regulation of the import and import portfolio-reexporting the construction competition (1 main) in the case of foreign contractors which regulate the portfolio of imports and reentry-re-export. The construction work.

3. In a 2-day period of work, since the date received the case, the Ministry of Public Affairs inspected and required the addition if the filing was incomplete, valid. The request for the addition of the profile is performed once during the process of the filing.

4. During the 5-day period of work, since the date received full, valid records, the Ministry of Commerce has a confirmation of the registration of the import item (s), the catalog of imports and entry-reentry, the case of refusal to confirm the text of the reason.

What? 7. The case of registering a catalog of imports for the work, import and re-export re-entry service i It ' s built online through the Internet.

1. The foreign contractor makes the registration using the number signature according to the rule of law.

2. Foreign contractor for the first time to register a portfolio of imports for the work, import and entry portfolio-reexporting the construction competition to register the online software system through the Internet with the Ministry of Commerce.

a) Account registration filing included:

-The signature of the person with the authority to sign or the person received by the foreign trader to sign the registration application;

-Office of the Office of the Chief Executive of the Foreign contractor;

-Constructive operation of foreign contractor.

b) Details of the account registration steps made in accordance with the registration guidelines used at the homepage of the Software System. Case processing status will be shown online on the Software System.

c) During the 1 day period of work, since the day the foreign contractor declared the filing of the account registration, the Ministry of Commerce examined and required additional requirements if the profile was incomplete, valid. The request for the addition of the profile is performed on the Software System and only performed once during the process of the filing.

d) During the 1 day period of work, since the date received full account registration records, the validity of the foreign contractor through the Software System, the Ministry of Industry implemented the account for the foreign contractor and informed the account information to the state. It ' s a foreign contractor through the Software System.

3. Foreign contractor using account information has been issued to log in to the Software System and declare information about registration records, adjust the catalog of imports, catalog of imports and temporary-re-export, when there is demand.

The foreign contractor fills up enough information about the registration records, which regulates the catalog of imports, the catalog of imports and imports-reappears in the formats, patterns of regulation on the Software System and sent online through the Software System.

The models, the specified format on the Software System are the specified profile components at this Article 6. Details the declaration of information about the execution of the implementation in accordance with the registration guidelines used at the homepage of the Software System. Case processing status is shown online on the Software System.

4. During the 1 day period of work, since the day the foreign contractor declared information about the registration records on the Internet, the Ministry of Commerce examined and required additional requirements if the filing content was not yet correct. The profile plugin is required on the Software System and is only performed once during the process of solving the case.

5. In the 5-day period of work, since the date of receiving full records, the validity of the foreign contractor through the System, the Ministry of Industry has a document confirming the registration, which regulates the catalog of imports, the portfolio of imports and re-entry, the case. refuse to confirm whether the text is stating the reason.

6. The repayment of the results was made via the Internet simultaneously sent through the mail line to foreign contractor.

Chapter III

EXECUTION CLAUSE

What? 8. The transition rule

Foreign contractors have been confirmed by the Ministry of Labor to register a portfolio of imports for the work, imports and advance-reexporting of construction work before the date of this date in effect, which is continued as an export-export procedure at the agency. Customs of the expiration date of the Ministry of Commerce confirmed.

What? 9. The organization performs

The Plan-the Ministry of Commerce is the unit of performing the validation of the registration of the imported goods for the work, imports and entry-reexporting the construction competition of the foreign contractor; responsible for tracking, the governor, examination of employment. This is a private practice.

What? 10. The effect of execution

1. This message has been in effect since 12 February 2016.

2. This message repel No. 15 /2011/TT-BCT March 30, 2011 of the Ministry of Commerce regulates the registration of the import, the re-export, the liquoration of foreign contractors in the field of construction in Vietnam.

3. In the course of execution, if the birth is entangled, organizations, individuals with regard to the Ministry of Commerce reflect the Ministry of Commerce in time to guide, resolve ./.

KT. MINISTER.
Chief.

(signed)

The Supreme.