03:22 | 04/05/2023

What is the application for a license to export or import industrial precursor chemicals in Vietnam in 2023?

What is the application for a license to export or import industrial precursor chemicals in Vietnam in 2023? Mr. Tuong - Ninh Binh

Decision 2544/QD-BCT in 2022 announcing new, amended and supplemented administrative procedures in the field of chemicals within the scope of functions and management of the Ministry of Industry and Trade, issued on November 28, 2022.

What are the regulations on management and control of use of industrial precursor chemicals in Vietnam?

Pursuant to Clause 5, Article 1 of Decree 82/2022/ND-CP, Article 11a has been added after Article 11 of Decree 113/2017/ND-CP stipulating the management and control of use of industrial precursor chemicals as follows:

- The organizations and individuals that use industrial precursor chemicals to produce other products and goods shall comply with regulations of Chapter V of the Law on Chemicals:

+ Have invoices for the purchase of industrial precursors chemicals, documents that prove the origin and information on the manufacturing facility, importer or provider of industrial precursor chemicals. Have delivery and receipt notes;

+ Prepare a logbook to monitor the use of industrial precursor chemicals. The monitoring logbook shall include the following information: name of industrial precursor chemical, the quantities of precursor chemicals that have been purchased (imported or domestically purchased), the quantities of precursor chemicals that have been used, the quantities of precursor chemicals in stock; purposes of industrial precursor chemicals.

- In the process of use of the industrial precursor chemical, the organization or individual shall take measures to manage and control industrial precursor chemicals and take responsibility to the law for the loss of industrial precursor chemicals.”

Thus, the organizations and individuals that use industrial precursor chemicals to produce other products and goods shall comply with regulations of the Law on Chemicals:

- Have invoices for the purchase of industrial precursors chemicals, documents that prove the origin and information on the manufacturing facility, importer or provider of industrial precursor chemicals. Have delivery and receipt notes;

- Prepare a logbook to monitor the use of industrial precursor chemicals. The monitoring logbook shall include the following information: name of industrial precursor chemical, the quantities of precursor chemicals that have been purchased (imported or domestically purchased), the quantities of precursor chemicals that have been used, the quantities of precursor chemicals in stock; purposes of industrial precursor chemicals.

What is the application for a license to export or import industrial precursor chemicals in Vietnam in 2023? (Image from the internet)

How long is the duration of the license to export or import industrial precursor chemicals in Vietnam in 2023?

Pursuant to Clause 4, Article 12 of Decree 113/2017/ND-CP stipulating the duration of the license to export or import industrial precursor chemicals is as follows:

- For Group 1 industrial precursor chemicals, the license shall be granted to each consignment and valid within 6 months from the date of issue;

- For Group 2 industrial precursor chemicals, the license shall be valid within 6 months from the date of issue.

According to the above time limit, if the license to export or import industrial precursors of Group 1 and Group 2 is more than 06 months from the date of issuance, it will be considered expired according to regulations.

Thus, when the license to export and import industrial precursors of Groups 1 and 2 expires, organizations and individuals shall renew them 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.

What is the application for a license to export or import industrial precursor chemicals in Vietnam in 2023?

According to subsection A, section 2, part II of the Appendix issued together with Decision 2544/QD-BCT in 2022, it is stipulated:

* Components of the application for a license to export or import industrial precursor chemicals in the chemical sector include:

- A written request for issuance of a TCCN export and import license, made according to form 2a specified in Appendix VI issued together with Decree 82/2022/ND-CP

+ A copy of the certificate of establishment registration for the organization or individual exporting or importing for the first time

+ A copy of the contract or one of the documents: Purchase agreement, purchase order, memorandum, invoice clearly stating the name, quantity of industrial precursors

+ Report on the situation of export, import, purchase, sale and use of TCCN of the most recently issued License for Group 1 TCCN.

- Number of dossier sets: 01 set

- Processing time: 7 working days from the date of receipt of complete and valid dossiers.

- Subjects of administrative procedures: Organizations and individuals that export and import administrative procedures

- Agency implementing administrative procedures: Ministry of Industry and Trade (Chemical Department).

- Fees and charges: prescribed in Circular 08/2018/TT-BTC

- Results of administrative procedures implementation: License to export and import TCCN

- Name of application form, declaration form: A written request for grant of a TCCN export and import license, made according to form 2a specified in Appendix VI issued together with Decree 82/2022/ND-CP. Download

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