Circular No. 35/2014/TT-BCT prescribing the application of the automatic import licensing regime to a number of fertilizer products

26 THE MINISTRY OF INDUSTRY AND TRADE No. 35/2014/TT-BCT OFFICIAL GAZETTE Issue nos 07-08/October 2014 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, October 15, 2014 CIRCULAR Prescribing the application of the automatic import licensing regime to a number of fertilizer products(*) Pursuant to the Government :S- Decree No. 9 5/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Minishy of Indushy and Trade,· Pursuant to the Government:S- Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries; Pursuant to the Prime Minister :S- Decision No. 41/2005/QD-TTg of March 2, 2005 promulgating the Regulation on goods import licensing; At the proposal of the Director of the Import-Export Department; The Minister of Industry and Trade promulgates the Circular prescribing the application of the automatic import licensing regime to a number of fertilizer products. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Circular prescribes the application of the automatic import licensing regime to a number of fe1tilizer products on the list provided in Appendix I to this Circular. 2 . Fe1tilizers impo1ted in the following cases are not regulated by this Circular and must comply with cmTent management regulations: a/ Fe1tilizers temporarily impo1ted for re-expo1t, temporarily expo1ted for re-impo1t, in border-gate transfer and in transit; bl Fe1tilizers impo1ted for test, use as samples and scientific research. Article 2. Subjects of application This Circular applies to state management agencies and traders impo1ting fe1tilizers. Chapter II ORDER AND PROCEDURES FOR AUTOMATIC IMPORT LICENSING Article 3. Automatic impo1t licensing 1. Automatic impo1t licenses shall be granted by the Ministry of Industry and Trade to tr·aders in the fo1m of ce1tification of impo1t registration applications for each shipment. 2 . Automatic impo1t licenses are valid for 30 (thiity) days from the date of certification by the Ministry of Industry and Trade. Article 4. Automatic import licensing agency r•J Cong Bao Nos 965-966 (01111/2014) © Vietnam Law and Legal F 01um Issue nos 07-08/October 2014 OFFICIAL GAZETTE 27 1. The automatic import licensing agency is the hnport and Export Depa1tment of the Ministry of Industry and Trade (below refeITed to as the licensing agency). 2. Addresses for dossier receipt and automatic import licensing are: a/The hnp01t and Export Department of the Ministry of Industry and Trade: No. 54 Hai Ba Trung Street, Roan Kiem district, Hanoi; b/ The representative office of the hnp01t and Expo1t Department in Ho Chi Minh City: No. 12 Vo Van Kiet Str·eet, 2nd floor, Nguyen Thai Binh ward, distr-ict 1, Ho Chi Minh City. Article 5. Dossiers of registl'ation for automatic impo1t licensing 1. A dossier of registl'ation for automatic import licensing must comprise: a/ Automatic import registr·ation application: 2 (two) originals (made according to Form No. 1 provided in Appendix II to this Circular) (not translated); b/ Ente1prise registration certificate or business registration ce1tificate or investment certificate containing the fertilizer business line: 1 (one) copy ( appended with a true copy stamp of the tr·ader); c/ hnport contl'act or equivalent documents: 1 (one) copy (appended with a true copy stamp of the tr·ader); d/ Commercial invoice: 1 (one) copy (appended with a true copy stamp of the trader); dd/ Letter of credit (L/C) or payment document: 1 (one) copy (appended with a true copy stamp of the tr·ader); certification of via-bank payment ( enclosed with a written request for ce1tification of via-bank payment) made according to Fo1m No. 2 or No. 3 provided in Appendix II to this Circular: 1 (one) original; el Bill of lading or another tr·anspo1t document of the import shipment: 1 (one) copy (appended with a true copy stamp of the tr·ader); 2. In case goods are imported through a land border gate or from a non-tariff zone, tl'aders are not required to submit bills of lading or other tr·ansport documents but shall submit repo1ts on the situation of import under the previous certified import registl'ation application according to Form No. 4 provided in Appendix II to this Circular. Article 6. Order and procedmes for automatic import licensing 1. A tl'ader shall send by post 1 (one) dossier set of registr·ation application for automatic import licensing to the address of the licensing agency prescribed in Clause 2, Alticle 4 of this Circular. The date of dossier receipt is the date recorded in the incoming-mail mark. 2. The time limit for automatic imp01t licensing is 7 (seven) working days. From the date of receipt of a complete and valid dossier, the licensing agency shall consider and grant an automatic import license to the trader. In case of refusal, it shall issue a written reply clearly stating the reason. 3. In case the dossier is incomplete and invalid, within 3 (three) working days after receiving it, the licensing agency shall send a written request for supplementation. 4. Automatic import licenses may be sent by post to the tl'aders ' addresses written in the registl'ation applications. Article 7. Re-grant, modification and revocation of automatic import licenses 1. If an automatic import license is lost or damaged, the tl'ader shall send an application for re-grant of the license, clearly stating the reason, together with the registr·ation application according to Form No. 1 provided in Appendix II to this Circular, to the licensing agency. Within 5 (five) working days after receiving a complete and valid dossier, the licensing agency shall consider and re-grant the automatic business license if the license remains valid. If the dossier ©Vietnam Law and Legal Forum 28 OFFICIAL GAZETTE Issue nos 07-08/October 2014 is incomplete and invalid, the licensing agency shall comply with Clause 3 ,Article 6 of this Circular. 2. When wishing to modify the contents of the granted autom atic impo1t license, the trader shall send an application for modification of the license, a new registration application (according to F01m No. 1 provided in Appendix II to this Circular) enclosed with relevant documents and the ce1tified automatic impo11 license (the original). Within 5 (five) working days after receiving a complete and valid dossier from the trader, the licensing agency shall grant the modified autom atic impo11 license. If the dossier is incomplete and invalid, the agency shall comply with Clause 3, Atticle 6 of this Circular. In case of refusal to re-grant the license, it shall issue a written reply clearly stating the reason. 3. In case the granted automatic imp011 license fails to comply with regulations, the trader violates the provisions of this Circular or relevant laws concerning the management of imp01ts, the licensing agency shall revoke the license and send a written notice thereof to related agencies. Article 8. Other provisions 1. When perfo1ming impo11 procedm es, traders shall submit to customs offices their granted autom atic impo11 licenses together with the impo11 dossier sets made under cmTent regulations and shall fully comply with regulations on impo1is subject to line management. 2 . Fe1t ilizers on the list provided in Appendix I of this Circular m ay only be impo1ted through international an d m a.in border gates. In special cases, the impo11 of fe1tilizers on the list provided in Appendix I of this Circular through auxiliaiy border gates or border crossings must have a written approval of the Ministty of Industty and Trade. Chapter III ORGANIZATION OF IMPLEMENTATION Article 9. Effect This Circular takes effect on December 1, 2014. Article 10. Implem entation responsibility Any problems ai·ising in the course of implementation should be reported to the Ministty of Industty and Trade for prompt settlement. For the Minister of Jndushy and Trade Deputy Minister CAO QUOC HUNG Appendix I LIST OF FERTILIZERS SUBJECT TO THE AUTOMATIC IMPORT LICENSING REGIME (To the Minister of Industry and Trade :S- Circular No. 35/2014/TT-BCT of October 15, 2014, prescribing the application of the automatic import licensing regime to a number of fertilizer products) HS Code Goods descriotion 3102.10.00 Urea, whether or not in aqueous solution 3105.20.00 Mineral or chemical fe1tilizers containing the three fetiilizing elements, namely nitrogen, phosphom s and potassium © Vietnam Law and Legal F ornm