THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 17/2008/TT-BCT
Hanoi, December 12, 2008
 
CIRCULAR
PROVIDING GUIDANCE ON AUTOMATIC IMPORT LICENSING FOR A NUMBER OF COMMODITY ITEMS
Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods trading and goods trading agency, processing and transit with foreign parties;
Pursuant to the Prime Minister's Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing;
The Ministry of Industry and Trade guides automatic import licensing for a number of commodity items as follows;
I. GENERAL PROVISIONS
1. Importers of goods on the List specified in Appendix 1 to this Circular must possess automatic import licenses granted by the Ministry of Industry and Trade.
2. An automatic import license shall be granted to a trader by the Ministry of Industry and Trade in the form of certification of the trader's application for import registration for each goods lot. Particularly for goods imported via land border gates or imported from non-tariff areas (including bonded warehouses) into the inland, their import registration shall be certified within 30 days.
3. Goods imported in the following cases are not governed by this Circular and must comply with current regulations:
- Goods temporarily imported for re-export, temporarily exported for re-import, transferred out of border gate or transited.
- Imported non-commercial goods.
- Goods imported directly for production and processing (including goods imported for assembly, repair or warranty).
- Goods imported from abroad into non-tariff areas (including bonded warehouses), and goods produced, processed or assembled in non-tariff areas which are imported into the inland.
- Goods imported for trading at duty-free shops.
- Goods imported for the formation of fixed assets of investment projects under the Investment Law.
4. When carrying out import procedures, a trader shall produce to the customs office an automatic import registration application already certified by the Ministry of Industry and Trade, enclosed with the import dossier set undercurrent regulations, and observe regulations on policies applicable to imported goods, exported goods, goods subject to specialized management and goods subject to conditional trading.
II. REGISTRATION FOR AUTOMATIC IMPORT LICENSING
1. A dossier of registration for automatic import licensing comprises:
- A written application for automatic import registration: 2 copies, made according to the form in Appendix 2 to this Circular (not printed herein).
- The business registration certificate, the investment certificate or the business license: one copy (appended with the trader's true copy mark).
- The import contract: one copy (appended with the trader's true copy mark).
- L/C, payment document or via-bank payment certification (enclosed with a written request for via-bank payment certification), made according to the form in Appendices 3(A) and 3(B) (not printed herein): one copy (appended with the trader's true copy mark).
- Bill of lading or transportation document for the goods lot: one copy (appended with the trader's true copy mark).
In case import registration is certified within a certain time limit (for goods imported via road border gates or imported from non-tariff areas or bonded warehouses), the bill of lading or transportation document is not required but the report on the import (made according to the form in Appendix 4 - not printed herein) of the certified previous import registration application is required
2. Places of receipt of dossiers of registration for automatic import licensing:
Traders shall send dossiers of registration for automatic import licensing to:
- The Industry and Trade Ministry's headquarters at 54 Hai Ba Trung street, Hoan Kiem district, Hanoi city.
- The Industry and Trade Ministry representative office's headquarters at 45 Tran Cao Van, Ward 6, District III, Ho Chi Minh City.
3. Time limit for automatic import licensing:
An automatic import license shall be granted within 5 working days from the date the Ministry of Industry and Trade receives a trader's complete and valid dossier.
4. The director or a deputy director of the Import and Export Department or the director-head of the Industry and Trade Ministry's representative office in Ho Chi Minh City shall sign for certification, automatic import registration as authorized by the Minister of Industry and Trade and use the seal of the Ministry of Industry and Trade or of its representative office in Ho Chi Minh City.
III. IMPLEMENTATION PROVISIONS
1. This Circular takes effect 21 days after its publication in "CONG BAO."