Thông tư 12/2015/TT-BCT về Giấy phép nhập khẩu tự động đối với một số sản phẩm thép

THE MINISTRY OF INDUSTRY AND TRADE

Circular No.12/2015/TT-BCT dated June 12, 2015 of the Ministry of Industry and Trade on issuing automatic import licenses of some steel products

Pursuant to the Government s Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating some Articles on international trading, agent activities, trading, processing, and transit of goods with foreign parties of the Law on Commerce;

Pursuant to the Prime Minister’s Decision No. 41/2005/QD-TTg dated March 02, 2005 on issuance of import license;

At the request of the Director of Export and Import Administration;

The Minister of Industry and Trade issues a Circular on issuance of licenses for automatic import of some steel products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular deals with issuance of licenses for automatic import of some steel products (specified in Appendix 01 enclosed herewith).

2. Imported steel products in the following cases are not regulated by this Circular:

a) Goods temporarily imported for re-export, goods temporarily exported for re-import, transited goods;

b) Non-trading imports;

Article 2.Subject of application

This Circular applies to regulatory bodies, importers of steel products, and relevant entities.

Chapter II

ISSUANCE AND SUBMISSION OF AUTOMATIC IMPORT LICENSES

Article 3. Automatic import license

1. Automatic import licenses are issued by the Ministry of Industry and Trade to traders by certifying applications for import of each shipment.

2. Each automatic import license is effective for 30 days from the day on which it is certified by the Ministry of Industry and Trade.

Article 4. Authority for automatic import license

1. Export and Import Administration is the licensing authority.

2. Addresses:

a. Export and Import Administration – the Ministry of Industry and Trade: No. 24 Hai Ba Trung street, Hoan Kiem district, Hanoi.

b. Representative office of Export and Import Administration in Ho Chi Minh City: 2ndfloor, No. 12 Vo Van Kiet street, Nguyen Thai Binh ward, District 1, Ho Chi Minh City.

Article 5. Applicant’s responsibilities

Applicant’s responsibilitiesare:

1. Register the trader’s profile with the licensing authority as prescribed in Article 7.

2. Submit the application for the automatic import license to the licensing authority as prescribed in Article 8 to the address mentioned in Clause 2 of Article 4 (by post). The date of receipt is the date on the seal.

3. Take legal responsibility for the accuracy and truthfulness of information provided in the application for the automatic import license.

Article 6. Licensing authority’s responsibilities

The licensing authority is responsible for:

1. Instruct applicants at their request.

2. Receive, check trader’s profiles and applications for automatic import license.

3. Issue automatic import licenses on schedule as prescribed in Article 9 and Article 10.

Article 7. Registration of trader’s profile

1. The applicant for the automatic import license must register the trader’s profile with the licensing authority when applying for the first automatic import license. The issuance of automatic import license is only considered after the trader’s profile is registered. The trader’s profile consists of:

a) A registration of signature of the person competent to or authorized to sigh the application for automatic import license and the trader’s seal (Appendix No. 02);

b) Certificate of Business Registration or Certificate of Business registration or certificate of investment: 01 certified true copy bearing the trader’s seal.

2. All changes in the trader’s profile must be notified to the licensing authority in writing.

Article 8. Application for automatic import license

1. An application for automatic import license consists of:

a) 02 copies of the application form (Appendix No. 03 enclosed herewith);

b) Import contract or equivalent documents: 01 certified true copy bearing the trader’s seal;

c) Commercial invoice:01 certified true copy bearing the trader’s seal;

d) Letter of credit or payment document or certification of bank transfer (enclosed with the request for certification of bank transfer: 01 certified true copy bearing the trader’s seal (Appendix 04A and 04B);

dd) Bill of lading or transport documents of the shipment: 01 certified true copy bearing the trader’s seal.

2. Number of application: 01 set

3. If goods are imported through a road checkpoint or from a free trade zone, the trader is not required to submit the bill of lading or transport document. Instead, the trader must submit an import report according to the previous import application that was certified (using the form provided in Appendix 05).

Article 9. Issuing the automatic import license

1. The automatic import license is issued within 07 working days from the day on which the licensing authority receives the satisfactory application as prescribed in Article 8.

2. If the trader submits the application online as prescribed in Article 11, the automatic import license shall be issued within 05 working days from the day on which the licensing authority receives the satisfactory application as prescribed in Article 8.

3. The automatic import license shall be sent by post to the address written on the application form.

Article 10. Reissuance, adjustment, and revocation of automatic import license

1. If the automatic import license is lost or damaged, the trader shall submit an explanation together with the application. The Ministry of Industry and Trade shall consider reissuing the automatic import license if the issued license is unexpired. If the issued license has expired, the trader shall request the Ministry of Industry and Trade in writing to annul the lost or damaged one and submit an application for issuance of a new automatic import license.

The automatic import license shall be reissued within 05 working days from the day on which the licensing authority receives the satisfactory application.

2. If the automatic import license which has been certified by the Ministry of Industry and Trade needs adjusting, the trader shall submit a written explanation, request for adjustment, relevant documents, and the application that contain adjusted into to the Ministry of Industry and Trade, and return the certified license (original license);

The adjusted license shall be issued within 05 working days from the day on which the licensing authority receives the satisfactory documents.

3. In case the Ministry of Industry and Trade finds that an automatic import license is issued improperly, it will be revoked and relevant agencies will be informed.

Article 11. Registration for automatic import license online

Traders may register for automatic import licenses online according to the procedures below before submitting documents:

1. In case of application for the first automatic import license, the trader must provide information about the trader’s profile over the Internet using the software system provided by the Ministry of Industry and Trade and send the trader’s profile to the licensing authority’s address. The trader’s profile consists of:

a) A registration of signature of the person competent to or authorized to sigh the application for automatic import license and the trader’s seal (Appendix No. 02);

b) Certificate of Business Registration or Certificate of Business registration or certificate of investment: 01 certified true copy bearing the trader’s seal.

2. After an account is provided, the trader will provide information about the application for registration automatic import using the software system provided by the Ministry of Industry and Trade. Issuance of automatic import license will be displayed online.

3. The Ministry of Industry and Trade shall verify information using the online interface and notify the trader of the result within 01 day over the Internet.

4. After receiving the notification from the Ministry of Industry and Trade procedures the information provided online is satisfactory, the trader shall submit the application to the licensing agencies as prescribed in Article 8.

5. The trader must have a computer which is connected to the Internet and peripherals prescribed by the Ministry of Industry and Trade before registering for automatic import license online.

Article 12. Regulations on submitting the import license in customs procedures

While following import procedures, the trader must submit the automatic import license, which is certified by the Ministry of Industry and Trade, and import documents to the customs authority and comply with current regulations on checkpoint of clearance, policies on imported goods, goods subject to supervision by specialized bodies, and goods subject to conditions.

Article 13. Regulations on importing steel products for production and processing

Importers of steel products serving production and/or processing (including those imported for assembly, repair, whether or not under warranty) may choose between: (i) registering for the automatic import license as prescribed in Article 5 and Article 12; present a written commitment certified by the provincial Department of Industry and Trade where the enterprise is registered together with other import documents to the customs authority while following import procedures, and do not apply for the automatic import license as prescribed in Article 5 and Article 12.

Contents of the commitment:

1. Certificate of Business Registration or Certificate of Business registration or certificate of investment.

2. Production lines, equipment suitable for manufacture, processing of imported materials.

3. Imported steel products may only be used for production and/or processing, not for sale. The import quantity must be suitable for the capacity of the production lines over a certain period of time as declared by the enterprise.

4. Production and processing do not include simple works such as bending, cutting, grinding, rolling, or other simple processing works.

The commitment shall be verified within 05 working days from the day on which the request for verification is received by the Department of Industry and Trade If necessary, the Department of Industry and Trade shall carry out a site inspection to make sure the trader s commitment is truthful.

The commitment is valid for 06 months from the day on which it is verified by the Department of Industry and Trade.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 14. Implementation effect

This Circular comes into force from July 26, 2015.

Article 15. Implementation responsibilities

Any difficulties arising in the course of implementation

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.

For the Minister

The Deputy Minister

Tran Tuan Anh

APPENDIX 01

LIST OF STEEL PRODUCTS ELIGIBLE FOR ISSUANCE OF AUTOMATIC IMPORT LICENSES
(Attached with the Circular No.12/2015/TT-BCT dated June 12, 2015 on issuance of automatic import licenses on some steel products)