| THE MINISTRY OF FINANCE ------------ No.118/2009/TT-BTC | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ------------ Hanoi, June 9, 2009 |
CIRCULAR
Guiding the import of currently used cars as movable assets of overseas Vietnamese who have completed registration procedures for permanent residence in Vietnam
Pursuant to June 29, 2001 Customs Law No. 29/2001/QH10 and June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of Articles of the Customs Law;
Pursuant to June 14, 2005 Law No. 45/2001/QH11 on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No. 154/2005/ND-CP dated December 15, 2005, detailing a number of articles of the Customs Law regarding customs procedures, inspection and regarding customs procedures, inspection and supervision;
Pursuant to the Government’s Decree No.149/2005/ND-CP dated December 8, 2005, detailing the Law on Import Duty and Export Duty;
Pursuant to the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial law regarding goods international trading and goods trading agency, processing and transit with foreign partners;
The Ministry of Finance guides the import of currently used cars as movable assets of overseas Vietnamese who have completed registration procedures for permanent residence in Vietnam as follows:
I. GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular guides the import of currently used cars as movable assets (referred to as currently used cars) of overseas Vietnamese who have completed registration procedures for permanent residence in Vietnam (referred to as overseas Vietnamese allowed to repatriate).
Article 2.
Subjects of regulation
Overseas Vietnamese for whom the Vietnamese public security agency has completed registration procedures for permanent residence in Vietnam (i.e., who have been granted a book for permanent residence in Vietnam) under the Residence Law and the Government's Decree No. 107/2007/ND-CP dated June 25, 2007, detailing and guiding a number of articles of the Residence Law, and relevant guiding documents.
II. SPECIFIC GUIDANCE
Article 3.
Conditions for the import of currently used cars
1. Each overseas Vietnamese allowed to repatriate may import one currently used private car.
2. A currently used car must be registered for use in the country of residence or country where an overseas Vietnamese comes to work (other than the country of residence) prior to the completion of procedures for the grant of the book for permanent residence in Vietnam to the overseas Vietnamese allowed to repatriate.
3. Currently used cars must comply with Clauses 2 and 3 of Part I, and Part II of Joint Circular No. 03/2006/TTLT-BTM-BGTVT-BTC-BCA dated March 31, 2006, of the Ministries of Trade (now Industry and Trade); Transport; Finance; and public Security, guiding the import of used under-16 seat cars under the Government's Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law regarding goods international trading and goods trading agency, processing and transit with foreign partners.
