Circular 35/2014/tt-Bct: Regulating The Application Of Import Licensing Mode Automatically For Some Manure

Original Language Title: Thông tư 35/2014/TT-BCT: Quy định việc áp dụng chế độ cấp Giấy phép nhập khẩu tự động đối với một số mặt hàng phân bón

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The CIRCULAR stipulated the application of modes of automatic import licensing for some manure _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 187/2013/ND-CP on November 20, 2013 of government regulation in detail Trade Law enforcement activities in the international sale of goods and the activities of dealers buying, selling, processing and transiting goods with foreign countries;
Pursuant to decision No. 41/2005/QD-TTg dated March 2, 2005 by the Prime Minister issued the regulation on licensing of import of goods;
At the suggestion of Director of Department of import and export;
Minister of industry and Commerce issued a circular regulating the application of modes of automatic import licensing for some manure.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the application of modes of automatic import licensing for some of the manure in the category specified in annex I attached to this circular.
2. imported fertilizers in the following cases are not in the scope of this circular and made under the current management rules: a) temporary import fertilizer export, re-export, transfer, import and export, re-transit;
b) fertilizer import to assay, making samples, scientific research.
Article 2. The object that applies to this circular apply to state regulators, traders make imported fertilizers.
Chapter II the SEQUENCE, IMPORT LICENSING PROCEDURES Automatically 3. Automatic import licensing 1. Automatic import license by the Ministry of industry and trade for traders in the form of confirmation of registration form for each import shipment.
2. automatic import license worth made within 30 (thirty) days from the date of Industry certification.
Article 4. Import licensing agency automatic 1. The Agency Automatic import license is the Bureau of import and export, Industry (hereinafter the Agency).
2. Address of receiver profiles and automatic import license include: a) the Bureau of import and export, Industry: No. 54 Hai BA Trung, hoan Kiem, Hanoi;
b) Representative Office of import and export Bureau in Ho Chi Minh City: number 12 Vo Van Kiet, floor 2, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City.
Article 5. Application of automatic import licensing 1. Application of automatic import license include: a) the importing application automatically: 2 (two) copies (according to the model No. 1 prescribed in annex II attached to this circular);
b) business registration certificate or certificate of business registration or certificate of investment have fertilizer business trades: 1 (one) copy (stamped copies of traders);
c) import contract or other writing worth the equivalent of the contract: 1 (one) copy (stamped copies of traders);
d) commercial invoice: 1 (one) copy (stamped copies of traders);
DD) letter of credit (L/C) or proof of payment: 1 (one) copy (stamped copies of traders); or bank payment confirmation (with recommended Paper bank payment confirmation) according to model No. 2 and no. 3 Sample provisions in annex II attached to this circular: 1 (one) original;
e) single transport or transport documents of import shipments: 1 (one) copy (stamped copies of traders).
2. where the goods imported through the gates, imports from tax-free zones, traders do not have to file a single transport or transportation voucher but must submit the report the implementation of import import application has been confirmed before under model number 4 the provisions in annex II attached to this circular.
Article 6. Order and procedure of automatic import licensing 1. Traders sent 01 (a) record the import license registration automatically to address the licensing authority specified in clause 2 4 of this circular Thing according to the post. On receiving the profile is calculated according to the date indicated on the sign to.
2. The time limit for automatic import license is 7 (seven) working days from the date of receipt of a valid application, the licensing agency review, automatic import licenses for traders; the case does not grant the right to reply in writing stating the reason.
3. in case of incomplete records, valid, within 3 (three) working days from the date of the application, the licensing agency has a written request additional traders, complete the profile.
4. automatic import license addressed to the trader by mail at the address indicated on the registration form.
Article 7. Reissuance, modification and revocation of license to import automatically 1. Case of automatic import license is lost, misplaced or damaged, traders sent the text, proposed to the license on the license Agency, accompanied by the registration form form 1 annex II attached to this circular.
Within 5 (five) working days since the date of the licensing agency receives a valid, full profile of traders, the licensing agency review, import licenses again automatically if the license has been granted longer validity period. Case records are incomplete, invalid, made according to the provisions in paragraph 3 article 6 of this circular.
2. where the need to modify the content of import license has been granted automatically, traders sent the text explanation proposed licensing agency revised, new application (form 1 in Appendix II attached to this circular) accompanied by the relevant documents and automatic import license has been confirmed (the original).
Automatic import licence modification granted within 5 (five) working days from the date the Agency received the license in full, valid records of traders. Case records are incomplete, invalid, made according to the provisions in paragraph 3 article 6 of this circular. The case granted not granted leave to answer in writing stating the reason.
3. in case of automatic import license has not properly regulated, merchants violating the provisions of this circular or the relevant law regulations on the management of imports of goods, licensing agencies will revoke the licence and notification in writing to the relevant authorities.
Article 8. Other provisions 1. When the import formalities, traders have to submit to the Customs the import license is automatically granted along with the imported profile according to the current regulations and must be responsible for the full implementation of the provisions on goods imported in an professional management.
2. Fertilizer in the category specified in annex I to this circular only be imported through international border gate and the main gate. Special cases, the import of fertilizers in the categories defined in annex I to this circular via extra gate, open way to have written permission of Industry. Chapter III IMPLEMENTATION article 9. Effective enforcement of this circular are effective since December 1, 2014.
Article 10. Responsibility in the process of implementation of this circular, if obstacles arise, merchants and agencies, institutions, relevant personal reflection on the Industry by writing to timely handle./.