Vietnam: Is a Group 2 industrial precursor import and export license issued for more than 06 months considered to expire as prescribed?
- What does the dossier of issuance of a Group 2 industrial precursor export license include in Vietnam?
- Under what procedures are the Group 2 industrial precursor import and export license issued in Vietnam?
- How long is a Group 2 industrial precursor import and export license in Vietnam?
- How is the use of expired Group 2 Industrial Precursor Import and Export License handled in Vietnam?
What does the dossier of issuance of a Group 2 industrial precursor export license include in Vietnam?
According to Clause 2, Article 12 of Decree 113/2017/ND-CP stipulates the dossier of application for a license for export and import of industrial precursors as follows:
- A completed application form provided in the specimen mentioned in Clause 9 this Article;
- A copy of the first establishment registration certificate of the exporter/importer;
- A copy of the agreement or any of the following documents: the sale agreement, purchase order, memorandum or invoice specifying the name and quantity of industrial precursor chemicals;
- A report on export, import, sale, purchase and use of industrial precursor chemicals of the latest license for Group 1 industrial precursor chemicals.
Vietnam: Is a Group 2 industrial precursor import and export license issued for more than 06 months considered to expire as prescribed?
Under what procedures are the Group 2 industrial precursor import and export license issued in Vietnam?
The order and procedures for granting licenses for export and import of industrial precursors Group 2 shall comply with Clause 3 Article 12 of Decree 113/2017/ND-CP as follows:
- An applicant for the license for industrial precursor chemical export/import shall make 1 set of application and send it, by post, in person or through the online public service system, to the licensing authority mentioned in Clause 8 this Article;
- If the application is invalid, the licensing authority shall inform the applicant of additional documents within 3 days from the day on which the application is received. The time for supplementing documents shall not be included in the licensing time limit specified in Point c this Clause;
- Within 7 working days from the day on which the valid application is received, the licensing authority shall inspect the application and issue the license for industrial precursor chemical export/import. The specimen of the license for industrial precursor chemical export/import is provided in Appendix VI attached hereto. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.
How long is a Group 2 industrial precursor import and export license in Vietnam?
According to Point b Clause 4 Article 12 of Decree 113/2017/ND-CP stipulating the duration of the license for export and import of industrial precursors Group 2 as follows:
For Group 2 industrial precursor chemicals, the license shall be valid within 6 months from the date of issue.
According to the above-mentioned time limit, in case the license for export and import of Group 2 industrial precursors exceeds 06 months from the date of issuance, it is considered to expire according to regulations.
Accordingly, when the license for exporting and importing industrial precursors Group 2 expires, organizations and individuals shall extend it according to the procedures specified in Clause 7 Article 12 of Decree 113/2017/ND-CP as follows:
- The license shall be extended if its duration stated in Clause 4 this Article expires but the export or import has not been carried out or finished. The license shall be extended once;
- At least 5 working days before the license expires, the applicant shall make 1 set of application for extension of the license and send it, by post, in person or through the online public service system, to the licensing authority;
- The application for extension of the license for industrial precursor chemical export/import shall consist of a completed application form for extension of the license and a copy of the license;
- Within 5 working days from the day on which the valid application is received, the licensing authority shall inspect the application and grant extension of the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation;
- The extension of the license shall not exceed 6 months from the date of granting extension.
How is the use of expired Group 2 Industrial Precursor Import and Export License handled in Vietnam?
Fines for acts of importing and exporting industrial precursors but the export and import licenses have expired are specified in Clause 2 Article 19 of Decree 71/2019/ND-CP as follows:
Article 19. Violations against regulations on activities specified in the license to export or import industrial precursors
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2. Fines for exporting or importing industrial precursors without an export or import license or the expired export or import license:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the value of industrial precursors involved in the violation is less than VND 20,000,000;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the value of industrial precursors involved in the violation is from VND 20,000,000 to less than VND 50,000,000;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the value of industrial precursors involved in the violation is from VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the value of industrial precursors involved in the violation is from VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from VND 40.000.000 to VND 50,000,000 shall be imposed if the value of industrial precursors involved in the violation is at least VND 100,000,000 while no criminal prosecution is brought;
Accordingly, this fine is imposed for administrative violations committed by individuals. For the same administrative violations, the fine for the organization is 02 times the fine for individuals specified in Clause 2 Article 4 of Decree 71/2019/ND-CP.
In addition, the above-mentioned violations are also subject to post-remedies, specified at Point c, Clause 10, Article 1 of Decree 17/2022/ND-CP as follows:
Forcibly removed from the territory of the Socialist Republic of Vietnam or re-exported imported industrial precursors.
Thus, when carrying out the import and export of group 2 industrial precursors, organizations and individuals shall have to carry out procedures for granting licenses for import and export of group 2 industrial precursors, unless exempted from licensing. The term of this License is within 6 months from the date of issue. In case the above-mentioned time limit is exceeded, the Group 2 industrial precursor import and export license is considered expired and must be renewed according to regulations. However, if organizations or individuals carry out import and export of Group 2 industrial precursors whose licenses have expired, they will be handled in accordance with the provisions of law.
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