Circular 05/2014/tt-Bct: Regulations On Temporary Import, Re-Export Activities, Temporary Export, Import, Transfer And Export Of Goods Re

Original Language Title: Thông tư 05/2014/TT-BCT: Quy định về hoạt động tạm nhập, tái xuất, tạm xuất, tái nhập, chuyển khẩu hàng hóa

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The CIRCULAR regulates temporary import, re-export activities, temporary export, import, transfer and export of goods re _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 about the purchase and sale of goods and international dealers buying, selling, processing and transiting goods with foreign countries;
Make comments directed at the Prime Minister's letter No. 1757/TTg-KTTH 31 October 2013 interim business activity enter, re-export, transfer and send a bonded warehouse;
At the suggestion of Director of Department of import and export;
Minister of industry and Commerce issued a circular regulating the operation of temporary import, export, re-export, transfer, import and export of goods re.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates temporary import, re-export activities; temporary export operations, re-entering the business activities and the transfer of the goods.
2. Business transfer of the goods in the form of a straight transportation of goods from the country of export to the importing countries through the gate Vietnam not under the scope of this circular.
Transfer business cases are through gate Vietnam goods in appendices III, IV, V attached to this circular are not made through the gates.
Article 2. Application object 1. This circular applies to traders to Vietnam (hereafter abbreviated as traders) made temporary import, re-export activities, temporary export, import, transfer and export of goods re; the agencies, organizations and individuals concerned.
2. Enterprise with foreign investment made under commitment to the Vietnam joined the World Trade Organization.
Article 3. List some of the types of goods attached herewith a list of the following cargo types: 1. list of goods prohibited temporary entry business, re-export, transfer, specified in Annex i. 2. The list of goods suspended trading temporarily import, re-export, transfer, specified in annex II.
3. list of every frozen food business to temporarily import, re-export, the conditions specified in annex III.
4. list of special consumption tax row business temporarily import, re-export, the conditions specified in annex IV.
5. list of used goods in an export, the export suspension, banning imports, halted imports, not in annex I and annex II, allowed the temporary import, re-export business conditions (hereinafter the "second-hand goods, as defined in annex V).
Chapter II TEMPORARY import, RE-EXPORT TRADING of GOODS section 1 a of the REGULATION on the MANAGEMENT of the BUSINESS FUNCTIONING TEMPORARILY import, RE-EXPORT of GOODS article 4. General provisions on temporary import, re-export trading goods 1. Except where the goods in Appendices I, II and specified in paragraph 2, paragraph 3 of this article, the Vietnam business established under the provisions of the law (hereinafter enterprise) is entitled to temporary import, re-export trading does not depend on the profession of business registration. Temporary import, re-export procedures performed at the Customs gate, do not need a permit of the Ministry of industry and trade. 2. Temporary business enter the re-export of the goods in the annexes III, IV, V in this kind of business. Conditions for each group of goods specified in section 2 of this Chapter.
3. temporary entry business, appeared in an export commodity, suspend the export, import bans, suspension of imports; export and import of goods under licence to have temporary licenses to import, re-export of Industry. Record, licensing procedures defined in chapter III of this circular.
Article 5. Makeshift gate type, origin of goods 1. Temporary business commodity import, re-export was temporarily import, re-export through the international border gate, main gate as specified.
2. The re-export of the goods through the side gate, through point only made at the gate, through points in the economic area and the extra gate gate economic zones outside the gate were full of specialized control body under the provisions and technical basis warrant administration. The extra gate, this customs points due to the border province people's Committee announced after the handover, United with the ministries: Defense, finance, industry and trade, agriculture and rural development.
3. the people's committees of the province border exchange with Industry about the principles selected enterprises will be allowed to re-export the goods through the side gate, through provisions in clause 2 of this and announced the list of the chosen business.
4. in case of foreign goods sent into the bonded warehouse for export, re-export through the border gate, then imported the goods to send a bonded and gate export, re-export the goods through the border province made under the provisions of this Article.
Article 6. Regulate the business goods temporarily imported, back when there was the phenomenon of the cargo at the port gate, jam and the risk of polluting the environment, the relevant authorities inform the Industry to consider implementation of regulating temporary entry business goods, re-export. Regulating temporary entry business goods, re-export is done as follows: 1. Industry apply the temporary import permit, re-export for some commodities. Records, licensing procedures as defined in chapter III of this circular.
2. where necessary, Industry business requirements in writing suspend delivery of Vietnam.
Article 7. Single sea transport sea transport invoices for goods temporarily imported, business appeared in annexes III, IV, V are defined as follows: 1. Invoices invoices must be restrictive, is non-transferable.
2. on the invoices must write code to temporarily import, re-export business.
3. for goods used in annex V, on the consignment note must record the number of temporary import permit, re-export by the Ministry of industry and trade.
Article 8. Monitoring of goods 1. Temporary import, re-export goods subject to inspection, supervision of the Customs authorities from gate temporarily until the actual re-export goods abroad.
2. Do not break the antenna-the bow tie during transport of goods from a temporary gate to enter to the area under the supervision of the Customs authorities, the re-export in the Customs point of entry, according to the regulations.
3. The goods in appendices III, IV, V is not allowed to switch type from the temporary business entry, re-exporting to importing to domestic consumption.
Section 2 BUSINESS GOODS TEMPORARILY IMPORTED RE-EXPORT business CONDITIONS temporarily imported, origin frozen food in Appendix III attached to this circular must meet the following conditions: 1. Established a minimum of 2 (two) years, there were exports, imports or temporarily enter Re-export of goods.
2. Have the amount deposited, deposits of 10 billion (ten billion Vietnam) filed in the provincial Treasury or the commercial bank branch, the city where the business has inventory, in accordance with Paragraph 3 of this article.
3. storing temporary business service import, re-export frozen foods, specifically: a) the repository, has a capacity of a minimum of 100 (one hundred)-ten-type container 40 (forty) feet, the minimum area is 1,500 m ² (one thousand five hundred square metres). Storing are separated from the outside by fence hardware, built with minimum height is 2, 5 m (two half meters); There is a way for the truck-ten-neurons move out into the warehouse, Miami; have a gateway into and sign of business uses storing;
b) storing enough power sources (including the electricity grid and generator redundancy power equivalent) and the specialized equipment attached to operate the neural conditioning-ten-according to the capacity of storing;
c) Warehouse, Miami is owned by enterprise or by enterprises to sign the lease with the minimum rental period is 3 (three) years; are located in the area of planning, inventory system serves the business temporarily import, re-export or frozen food in the area by the provincial people's Committee of border regulations to build warehouses, temporary business service import, re-export the food frozen.
Frontier Province people's Committee, unification with the General Department of customs, border guard command, the Ministry of industry and trade and issued decisions on the planning area, the province's regulations; inform Industry and related agencies to coordinate;
d) storing that business has declared to a temporary code for import, re-export not for other businesses to hire full or part for use on purpose-level code to temporarily import, re-export.
Article 10. Temporary import, re-export trading has the special consumption tax the business temporarily imported, origin has the special consumption tax in annex IV must meet the following conditions: 1. Established a minimum of 2 (two) years, there were exports, imports or temporary import, re-export the goods.
2. Have the amount deposited, deposit is 7 billion VND (seven billion Vietnam) filed in the provincial Treasury or the commercial bank branch, the city where the enterprise was granted the certificate of business registration or certificate of business registration.
Article 11. Temporary import, re-export business and customers through the use of temporary business type, origin used in Appendix V must satisfy the following conditions: 1. Established a minimum of 2 (two) years, there were exports, imports or temporary import, re-export the goods.
2. Have the amount deposited, deposit is 7 billion VND (seven billion Vietnam) filed in the provincial Treasury or the commercial bank branch, the city where the enterprise was granted the certificate of business registration or certificate of business registration.
Article 12. Certificate of temporary business entry code, the re-export of goods 1. Temporary business entry, re-export goods in appendices III, IV, V be Industry consider the certification business code to temporarily import, re-export the goods (hereinafter abbreviated as temporary import, re-export code) when it meets the conditions stipulated in article 9 or article 10 or article 11 of this circular.

2. the temporary import, re-export code as defined in this Article is a separate code for each commodity group. The enterprise is granted temporary import, re-export code commodity would then be temporary import, re-export trading the items in the scope of the commodity.
3. the term of validity of the temporary import, re-export code is 3 (three) years from the date of grant.
4. in case of foreign goods sent into the bonded warehouse for export, re-export through the border, only businesses with temporary code to import, re-export of commodity that was titled on import, export, customs bonded warehouse for export, re-export. The goods send in bonded made under the provisions of customs legislation.
5. temporary business activity enter the re-export of the goods in the annexes III, IV, V in that business does not make back over the border to the North is not in the kind of business a temporary import, re-export the condition.
Article 13. The record level of temporary import, re-export code 1. For new cases, records are: a) grant proposal Application code to temporarily import, re-export (according to the model in annex VI): 1 a main;
b) business registration certificate or certificate of registration of business: 1 certified copies and stamped copies of the business;
c) the text of the General Department of customs verification of the business functioning export, import or re-export goods imported temporarily under the provisions of paragraph 1 or article 9 paragraph 1 article 10 or article 11 paragraph 1 of this circular: 1 original;
d) text of the provincial Treasury or the commercial bank branch, the city acknowledged enterprises pay the escrow amount, deposit as specified in paragraph 2 to article 9 or article 10 clause 2 or clause 2 article 11 this circular (according to the model in annex No. VII) : 1 original;
DD) documents proving ownership business storing or contract warehousing, temporary business service import, re-export frozen food meet the provisions of paragraph 3, article 9 of this circular: certified copies and stamped copies of the business;
e) text of the power agency where business is storing acknowledged storing enough power to operate the neural conditioning-ten-under capacity: 1 a.
The business case for temporary import code, origin has the special consumption tax in Appendix IV and used goods in annex V shall not submit papers stated in point e Point-and requ.
2. for additional cases, modify the code to temporarily import, re-export, records include: a) text recommended to adjust the code content temporarily import, re-export: 1 original;
b) temporary import, re-export code has been issued: 1 certified copies and stamped copies of the business;
c) the papers related to the adjustment of content: each type 1 certified copies and stamped copies of the business.
3. for cases of temporary import code again, appeared lost, lost, records include: a) grant proposal writing code again to temporarily import, re-export, stating the reason for lost, misplaced, accompanied by the commitment of the business;
b) temporary code copy import, re-export, certified and stamped copies of business (if any).
4. for cases of temporary import, re-export codes expire enforce enterprise records, such as new levels for the case prescribed in clause 1 of this article.
Case conditions of storing of registered enterprises granted temporary entry code, origin frozen foods did not change in comparison with the previous conditions, Industry Review free check conditions of storing of the business when the temporary code to import, re-export.
Article 14. Procedure for granting temporary import, re-export code 1. The business of sending by post 1 (a) the records request temporary entry code, back to the export and import Bureau-Ministry of industry and trade (address: 54 Hai BA Trung, hoan Kiem, Hanoi).
2. in case of incomplete documents, within 7 (seven) working days from the date of receipt of the record business, Industry have written additional business requirements.
3. for temporary import code, origin of frozen food, within 10 (ten) working days from the date of the full profile, rules, Industry tested or authorized for the Department of the provincial industry and commerce where business is storing check, confirm conditions on the repository , Miami. Within 10 (ten) working days from the date of the test results, storing conditions, Industry Review granted temporary entry code, origin frozen products for business.
4. for temporary import code, origin has the special consumption tax and second-hand goods, within 10 (ten) working days from the date of the full profile, rules, Industry Review granted temporary code to enter, back to business.
5. in case of not granting temporary import, re-export codes, Industry responded in writing and stating the reason.
6. the temporary import, re-export code or text of reply was sent to the enterprise by post at the address indicated on the records request temporary entry code, of the business origin.
Article 15. The responsibility of the business to be granted temporary entry code, back 1. Maintain the conditions as prescribed in this circular during the temporary import, re-export trading commodities.
2. Seriously reduce frozen food items at the port, the gate on his Beach, at the request of the Ministry of industry and trade in the case of the phenomenon of congestion, backlog.
3. Collecting and processing waste, waste water to disease prevention, ensure environmental hygiene in storing temporary business service import, re-export the food frozen.
4. Full payment of the following expenses (if any): a) handle, clean environment if the goods of enterprises that cause pollution in the process of storing the temporary import, re-export, in Vietnam;
b) destroys every backlog not to re-export the goods temporarily imported, not true to declare in an dealt with destruction;
c) pay other costs incurred by the enterprise violates the regulations on temporary import, re-export trading commodities.
5. timely notice for the Industry and the agencies involved in the case lost, lost code to temporarily import, re-export or there is a change in the conditions of registration for temporary import, re-export code.
6. monthly reports on the implementation of temporary import, re-export of goods in Appendix III, IV and V to this circular (according to the model in annex VIII). The report sent in the first week of the next month of import and export Bureau-Ministry of industry and trade, the people's Committee and the provincial industry and commerce where business and warehouse where goods re-export business.
Article 16. Management and use of funds, deposit of business 1. Provincial Treasury and commercial bank branch where enterprises pay the deposit, escrow is responsible for the management of the deposit, escrow business.
2. where the business does not pay the fee prescribed in item 4 article 15 of this circular, the provincial people's Committee concerned, on the basis of the proposal and decided to handle the Agency's handling of infringement violation, have written to suggest the provincial Treasury or Commerce Bank branch where enterprises pay deposit deposit, escrow amounts, deductions to pay these costs.
The agency handling the offense and the provincial people's Committee concerned immediately notify Industry know the handling of infringement and the use of the amount deposited, the aforesaid deposit to Industry management coordination and additional business requirements sufficient amount deposited the prescribed deposit, before continuing the temporary import, re-export business.
3. enterprises are refunded the entire amount or deposit, the deposit remaining after use to payments the costs according to the provisions in clause 4 article 15 this circular (if any) in the following cases: a) are not Industry-level code to temporarily import, re-export;
b) reimburse temporary import, re-export codes do not continue operations temporarily import, re-export goods;
c) revoked the temporary import, re-export code as defined in article 17 of this circular.
Refund of deposit, deposit only provincial Treasury or the commercial bank branch, the city made after comments by Industry. Article 17. Revocation of temporary import, re-export code 1. The business recovered from the temporary code to enter, in the following cases: a) fraud in the Declaration of the conditions as prescribed in this circular;
b) Don't maintain the conditions as prescribed in this circular during the temporary import, re-export trading goods;
c) Not filed enough additional amount deposited, deposit as defined within 30 (thirty) days from the date of the notice of the Ministry of industry and trade;
d) breach in the lease of the whole or partial storing rental as specified in paragraph 3 article 9 of this circular;
DD) do not comply the requirements of Industry regulators about the temporary import of goods, re-export under the provisions in article 6 of this circular;
e) temporary import, re-export trading commodities without a temporary import permit, re-export by the Industry regulatory level;
g) temporary import, re-export trading goods in annex I, annex II attached to this circular;
h) denied responsibility for handling the shipment has arrived in port, gate Vietnam import contract signed.
2. enterprises revoked the temporary import, re-export code as defined in Points a, b, c, d, DD, e, paragraph 1 this not be granted temporary entry number code appeared within 1 (one) year from the date of revocation.
3. enterprises revoked the temporary import, re-export code as defined in point g, h Paragraph 1 of this article are not considering granting temporary entry number code appeared.
4. enterprises revoked the temporary code type, origin frozen food is not allowed to rent the warehouse, Miami signed to level temporary code enter the re-export to other businesses use on purpose for temporary import code, origin of frozen food.
Chapter III PROVISIONAL LICENSES to IMPORT, EXPORT, RE-EXPORT, IMPORT and EXPORT of GOODS, transfer RE Article 18. Licensing records

Application for a temporary import permit, re-export; a temporary export, re-enter; transshipped goods in an export, the export suspension, banning imports, suspended imports; export and import of goods under licence, including: 1. the business case for temporary import, re-export of goods a) temporary license application, re-export (according to the model in annex IX): 1 a main;
b) business registration certificate/certificate of registration (or temporary import, re-export code for temporary business case type, origin used in Appendix V): a copy of the certified and stamped copies of the business;
c) contract to import and export contracts signed by enterprises with foreign customers: each type 1 certified copies and stamped copies of the business;
d) reports make a temporary import permit, re-export were issued, certified by the customs authority (according to the model in annex X): 1 a.
2. for cases of temporary import, re-export under other forms a Single licensing proposal) temporary import, re-export (according to the model in annex IX): 1 a main;
b) business registration certificate or certificate of registration of business: 1 certified copies and stamped copies of traders;
c) lease, loan signed with foreign customers: 1 certified copies and stamped copies of traders;
d) approval of the Ministerial organs, the specialized management on the interim traders import, re-export of goods that: 1 a copy and stamp the primary copies of the traders.
3. With regard to the case of a temporary export, import of goods re-a) form a temporary export permit issuance, re-enter (according to the model in annex IX): 1 a main;
b) business registration certificate or certificate of registration of business: 1 certified copies and stamped copies of traders;
c) contract, agreement, warranty repair of foreign partners or contract of hire, borrow the goods: a copy of the certified and stamped copies of traders.
4. for business case goods transshipped a) petition granted business license to transfer password (according to the model in annex IX): 1 a main;
b) business registration certificate or certificate of registration of business: 1 certified copies and stamped copies of traders;
c) contract to import and export contracts due to traders signed with foreign customers: each type 1 certified copies and stamped copies of traders;
DD) reported the implementation of business license transfer was granted, certified by the customs authority (according to the model in annex X): 1 a.
Article 19. Licensing procedure 1. Traders send 1 (one) the licensing application by post to the export and import Bureau-Ministry of industry and trade. 2. Within 7 (seven) working days from the date of the full profile, rules, Industry temporary import permit, re-export, import, export, temporary transfer for traders. The absence of licensing, Industry responded in writing and stating the reason.
3. A license or the text of replies sent to traders by post at the address indicated on the license application.
4. The Minister of industry and Commerce authorized Bureau Chief, Vice Director of import and export made temporary licensing, temporary export, re-export, transfer, import-export regulations re in this chapter.
5. for the business case proposal appeared across the gate, through points in the economic area and the extra gate gate economic zones outside the gate by the provincial people's Committee announced, Industry only considering temporary import permit, re-export business was the selection Committee as specified in Clause 3 5 of this circular.
Chapter IV RESPONSIBILITY of AGENCIES, ORGANISATIONS article 20. The responsibility of agencies, related organizations 1. Industry: a) the inspecting, confirm conditions of storing of temporary business entry, appeared frozen food or authorize the Department of industry and trade organizations to check and confirm;
b) chaired and coordinated with relevant agencies to revoke the temporary code to import, re-export of business according to regulations. Inform the relevant bodies the business recovered from the temporary code to import, re-export to coordinate.
2. provincial people's Committee concerned: a) planning organizations, investment in infrastructure construction for transportation, warehousing, loading system, the location of the goods, the origin, the power source and the other conditions, guarantees for the temporary entry of business activities, re-export, transfer and retention of preserving the goods in the re-export of the goods;
b) needs assessment and the ability to develop business activities in a temporary import, re-export frozen foods; consistent with the General Department of customs, border guard command and Industry to formulate and enact the planning system of storing temporary business service import, re-export the frozen food in the province;
c) pursuant to the current provisions, presided, in coordination with the ministries concerned governing business operations, to temporarily import, re-export, transfer and export of local goods and responsible to the Government, the Prime Minister of the temporary business activity enter the re-export, transfer of goods;
d) in coordination with the ministries concerned to ensure there are enough specialized inspection forces and adequate facilities for the active force to perform the inspection, monitoring and business goods temporarily imported, re-export, transfer and export of local circulation, ensuring security requirements order, defence, social security, limiting commercial fraud, contraband, smuggling, tax evasion, pollution of the environment;
DD) presided, in coordination with the ministries concerned take measures to regulate the business goods temporarily import, re-export, transfer and export in the event of congestion; promptly inform Industry happenings on the situation of local delivery and management measures proposed to avoid congestion at the port, gate;
e) presiding, United with the Ministry: Defense, finance, industry and trade, agriculture and rural development, before the announcement of the extra gate, through points in the economic area and the extra gate Gate located outside Gate economic zones eligible to re-export the goods when there was full of specialized control body under the provisions and technical facility management assurance State;
g) presiding, Exchange with Industry about the principles selected enterprises will be allowed to re-export the goods through the side gate, through provisions in clause 2 article 5 and announced business listings are selected; periodically check, reviews the legal and executive business management policies with respect to the temporary entry of business activity, the rebirth; do not allow businesses have violated the continued rebirth through the side gate, through points in the economic area and the extra gate gate economic zones outside the gate;
h) Organization and is responsible for managing the operation closely back across the Customs point, gate in gate economic zones and extra gate economic zones outside the gate, not to happen, the smuggling of pirated jurors; suspended re-export activities through the side gate, this Customs point if the reporting judge, smuggling contraband and responsible to the Prime Minister about this;
I) informs Industry know when business does not maintain the conditions as prescribed in this circular during the temporary import, re-export business;
k) carry the costs for goods temporarily imported, re-export business under the guidance of the Ministry of finance to increase budget revenue serves the investment, upgrading the system of roads, protect the environment and safeguard the security at the gate;
l) notice promptly of changes in trade policies of border regions neighbouring to Industry and businesses to plan to regulate temporary import, re-export goods, avoiding the risk of congestion in the port, the gate.
3. provincial Treasury, commercial bank branch in the city, where enterprises pay deposit, deposit: a) the Organization of management and use of funds, deposit of business as prescribed in this circular;
b) immediately notify Industry know when the amount deposited, deposits of business used for the payment of the fee as determined by the Agency handle the offense.
4. The General Department of Customs: a) monthly gives Industry the following information to regulate the commodities and take measures promptly to:-temporary business cargo import, re-export in the kind of business conditions as prescribed in this circular.
-Goods temporarily imported, appeared unsettled too prescribed time limit;
b) informs Industry business case violate the regulations on temporary import, re-export business, transfer of the goods.
Chapter V, article 21 ENFORCEMENT TERMS. Transitional provisions 1. Within 90 days from the date of this circular effect, businesses have been granted temporary code Industry import, re-export in accordance with circular No. 05/2013/TT-BCT on Feb. 18, 2013 of the Minister of industry and trade regulations on the temporary entry of business activity, the rebirth of some types of goods are to continue the temporary business entry Re-export under the following provisions: a) the enterprise has been granted temporary entry code, origin frozen food business was temporarily import, re-export the frozen food items prescribed in Appendix III of this circular;
b) enterprise has been granted temporary entry code, origin has the special consumption tax is a temporary business import, re-export the items have special consumption tax prescribed in annex IV of this circular;
c) enterprise has been granted temporary entry code, origin used to be temporary import, re-export trading second-hand goods specified in annex V to this circular.
2. the temporary import, re-export code has granted to enterprises in accordance with circular No. 05/2013/TT-BCT will expire after 90 days from the date of this circular effect.

3. The enterprise has the temporary code to import, re-export frozen food in accordance with circular No. 05/2013/TT-BCT of the Minister of industry and trade as a temporary code for import, re-export the frozen food as prescribed in this circular are exempt from the test conditions of storing if the conditions do not change compared with the condition have registered to level code temporary import, re-export before.
Article 22. Effect 1. This circular effect since Feb. 20, 2014.
2. This circular repealed: a) clause 4 Article 1 and annex V circular No. 10/2011/TT-BCT on 30 December 2010 by the Minister of industry and commerce to modify, Supplement, abolish some regulations on administrative procedures in the field of import-export under resolution No. 59/NQ-CP on December 17, 2010 by the Government on the simplification of administrative procedures in the function of management;
b) Circular No. 05/2013/TT-BCT on Feb. 18, 2013 of the Minister of industry and trade regulations on temporary business activity enter the origin of some types of goods.
3. In the process of implementation, the case concerns arise, the relevant organizations and traders temporarily import, export, re-export, import and export of goods, transfer re reflect in writing on Industry to promptly resolve./.