Which agency has the competence to issue the temporary exportation license in Vietnam? What is included in the application for a temporary exportation license?
What is included in the application for a temporary exportation license in Vietnam?
According to the provisions of Clause 3, Article 19 of Decree 69/2018/ND-CP of Vietnam stipulating as follows:
Application for license to trade in temporary importation; temporary importation license; temporary exportation license; merchanting trade license
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3. Required application documents for temporary exportation of goods prescribed in Point a Clause 1 and Point a Clause 3 Article 17 hereof:
a) An application for temporary exportation license, stating the goods to be temporarily exported (description, HS headings, quantity, and value); purposes for temporary importation, import and export checkpoint: 1 original.
b) An investment certificate or a business registration certificate: 1 copy bearing the trader's stamp.
c) An agreement on repairs and warranty concluded with the foreign partner or agreement on lease or borrowing: 1 copy bearing the trader's stamp.
4. Required application documents for merchanting trade of goods prescribed in Point a Clause 1 Article 18 hereof:
a) An application for license for merchanting trade, stating the goods to be traded (description, HS headings, quantity, and value); import and export checkpoint: 1 original.
b) A business registration certificate or a business registration certificate: 1 copy bearing the trader's stamp.
c) A purchase contract and a sales contract concluded with the foreign trader: 1 copy bearing the trader's stamp each.
d) A report related to the merchanting trade license, indicating the quantity of goods which were brought in and brought out of Vietnam: 1 original.
In addition, according to point a, clause 1, Article 17 of Decree 69/2018/ND-CP of Vietnam and point a, clause 3, Article 17 of Decree 69/2018/ND-CP of Vietnam as follows:
Temporary exportation
1. The trader is entitled to export goods temporarily for manufacture, execution, lease, borrowing or other purposes as follows:
a) The trader must obtain the temporary exportation license issued by the Ministry of Industry and Trade if the goods to be temporarily exported are included in the list of prohibited or suspended exports and imports, goods subject to export and import quotas, tariff-rate quotas or requiring export or import licenses, except for automatic export or import license. Requirement documents and procedures for licensing application are provided in Article 19, Article 20 hereof.
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3. A trader, for the purpose warranty and maintenance, is entitled to temporarily export goods which are beyond the warranty period under an import contract or a warranty agreement concluded with a foreign party as follows:
a) The trader must obtain the temporary exportation license issued by the Ministry of Industry and Trade if the goods to be temporarily exported are included in the list of prohibited or suspended exports and imports, goods subject to export and import quotas, tariff-rate quotas or requiring export or import licenses, except for automatic export or import license. Requirement documents and procedures for licensing application are provided in Article 19, Article 20 hereof.
b) Used consumables and used spare parts mentioned in the list of prohibited imports may not be temporarily exported for the purpose of warranty or maintenance.
c) For goods not specified in Point a and Point b of this Clause, the trader will only carry out the procedures for temporary exportation at the customs authority without requiring a temporary exportation license.
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Thus, in the case of temporary exportation of goods specified at Point a, Clause 1 and Point a, Clause 3, Article 17 of this Decree, the application includes the following documents:
- An application for temporary exportation license, stating the goods to be temporarily exported (description, HS headings, quantity, and value); purposes for temporary importation, import and export checkpoint: 1 original.
- An investment certificate or a business registration certificate: 1 copy bearing the trader's stamp.
- An agreement on repairs and warranty concluded with the foreign partner or agreement on lease or borrowing: 1 copy bearing the trader's stamp.
Which agency has the competence to issue the temporary exportation license in Vietnam? What is included in the application for a temporary exportation license?
Which agency has the competence to issue the temporary exportation license to traders?
Pursuant to Clause 3, Article 6 of Circular 12/2018/TT-BCT of Vietnam stipulating as follows:
License for temporary importation; License for temporary importation in other forms; Temporary exportation license; License for merchanting trade
1. The specimen of the application form for issuance of license is provided in the Appendix IV hereof.
2. The form of the report related to the issued license for temporary importation and license for merchanting trade prescribed in Point d Clause 1 and Point d Clause 4 Article 19 of the Decree No. 69/2018/ND-CP of Vietnam is provided in the Appendix V hereof.
3. The issuing authority is the Department of Export and Import - Ministry of Industry and Trade, 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City
Thus, the Department of Export and Import - Ministry of Industry and Trade which is at 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City has the competence to issue the temporary exportation license.
How many sets of required applications for a temporary exportation license must be submitted to the competent authority?
Pursuant to Clause 1, Article 20 of Decree 69/2018/ND-CP of Vietnam stipulating as follows:
Procedures for application for license to trade in temporary importation; temporary importation license, temporary exportation license; merchanting trade license
1. The trader shall submit a set of required documents prescribed in Article 19 hereof, in person, by post or online (if applicable), to the Ministry of Industry and Trade.
2. If the required documents are incomplete or invalid, the Ministry of Industry and Trade shall, within 3 working days from the date on which the application is received, notify the trader of deficiencies and allow the trader to correct the deficiencies.
Thus, the trader shall submit one set of required documents in person, by post or online (if applicable), to the Ministry of Industry and Trade.
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