How to re-import temporary export in Vietnam goods? How is the business of temporarily imported goods regulated?
Guidelines for temporary export of goods as how?
According to the G51 import code of type code and instructions issued together with Decision No. 1357/QD-TCHQ 2021:
For import of goods temporarily exported (temporarily exported) including:
- Goods temporarily exported for participation in trade fairs, exhibitions or display, sports, cultural or art events or other events;
- Machinery, equipment and professional tools temporarily exported for work in a definite period or for overseas processing;
- Goods temporarily exported for warranty or repair;
- Goods temporarily exported according to other rotation methods (shelves, racks, barrels, etc.)
- Temporarily exported goods of individuals who are entitled to tax exemption by the Vietnamese State;
- Goods temporarily exported which are tools, occupations or means of temporary export for a definite time owned by agencies, organizations or people on exit;
- Temporarily exported goods which are equipment, machinery, construction means, molds and models for production or construction of works for project execution or experimentation;
- Re-import of other temporarily exported goods.
Therefore, the guidance for the import of goods temporarily exported for re-import temporary export in Vietnam is prescribed above.
How to re-import temporary export in Vietnam temporarily exported goods? How is the business of temporarily imported goods regulated?
Tạm xuất hàng hóa như thế nào?
Pursuant to Article 29 of the 2005 Commercial Law and Clause 3, Article 112 of the 2017 Law on Foreign Trade Management, provisions on goods temporarily exported for re-import temporary export in Vietnam are as follows:
"Article 29.- Temporary import for re-export, temporary export for re-import of goods
1. Temporary import for re-export of goods means the bringing of goods from foreign countries or special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law into Vietnam and the completion of procedures for the import of such goods into Vietnam and the completion of procedures for the export of the same goods out of Vietnam.
2. Temporary export for re-import of goods means the bringing of goods to foreign countries or into special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law and are subject to procedures for export from Vietnam and procedures for re-import of such goods into Vietnam."
Thus, as prescribed in clause 2 Article 29 goods temporarily exported for re-import temporary export in Vietnam prescribed above.
How is temporary import business regulated?
Pursuant to provisions laid down in Article 13 of the Decree No. 69/2018/ND-CP, prescribing the business of temporary import of goods shall be elaborated as follows:
"Article 13. Temporary import for re-export
1. A Vietnamese trader may do temporary importation of goods regardless of its registered business lines as follows:
a) Regarding goods associated with trading in temporary importation under given conditions, the trader must meet conditions prescribed in Section 2 of this Chapter.
b) The trader must obtain a license for temporary importation issued by the Ministry of Industry and Trade if the goods to be temporarily imported are included in the list of prohibited or suspended exports and imports, goods not be freely sold and used in Vietnam; goods subject to export and import quotas, tariff-rate quotas or requiring export or import licenses. Required documents and procedures for licensing application are provided in Article 19, Article 20 hereof.
c) In case of goods other than those mentioned in Point a and Point b of this Clause, the trader shall follow procedures for temporary importation at the customs authority.
2. Foreign-invested business entities may only do temporary importation of goods as prescribed in Article 15 hereof and are not allowed to do business in temporary importation of goods.
3. Temporarily imported goods shall be subject to inspection and supervision of the customs authority from the day on which goods are temporarily imported until they are re-exported from Vietnam. Do not divide goods transported in containers during the transport of goods from the temporary import checkpoint to the area under customs supervision or re-export place at the checkpoint or border crossing as prescribed.
If transport is required to be changed or subdividing goods transported by containers for re-export, regulations of the customs authority shall apply.
4. Goods temporarily imported for re-export may be stored in Vietnam for not more than 60 days, counting from the date of completion of customs procedures for temporary import. Extension may be extended once for no more than 30 days and no more than twice may be extended for each lot of temporarily imported goods.
Past the above time limit, traders shall re-export goods out of Vietnam or destroy them. In case of import into Vietnam, the trader must comply with regulations on management of import and taxation.
5. The temporary importation shall be carried out according to two separate contracts: The export contract and the import contract signed with the trader of the exporting country and the importing country. The export contract may be signed either before or after the import contract.
6. The payment for goods temporarily imported for re-export must comply with regulations on foreign exchange management and the guidance of the State Bank of Vietnam."
Thus, the trading of goods temporarily exported for re-import temporary export in Vietnam is prescribed above.
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