What is included in the application for issuance of the license for importing commodities under the tariff-rate quotas in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What are entities eligible to be issued with license for importing commodities under the tariff-rate quotas? 

According to Article 14 of Circular 12/2018/TT-BTC, entities eligible to be issued with license for importing commodities under the tariff-rate quotas include:

- Regarding unmanufactured tobacco, the trader that has been issued with the license for manufacture of cigarettes by the Ministry of Industry and Trade and wishes to use imported unmanufactured tobacco to manufacture cigarettes.

- Regarding salt, the trader that wishes to use salt for manufacture that is confirmed by a competent regulatory authority.

- Regarding poultry eggs, the trader that wishes to import poultry eggs.

- Regarding refined sugar and raw sugar, adhering to the annual guidelines of the Ministry of Industry and Trade in consultation with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

- Regarding the commodities prescribed in Clauses 2, 3 and 4 of Article 14 of Circular 12/2018/TT-BTC, the Ministry of Industry and Trade shall discuss the time for allocation of tariff-rate quotas with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

- The Ministry of Industry and Trade shall decide on time for allocation of tariff-rate quotas on the commodities prescribed in Clause 1 of Article 14 of Circular 12/2018/TT-BTC.

Thus, according to the above regulations, entities eligible to be issued with license for importing commodities under the tariff-rate quotas include: unmanufactured tobacco; salt; refined sugar, raw sugar; poultry eggs. For raw tobacco products, the Ministry of Industry and Trade will determine the time of tariff quota allocation. For products such as salt, refined sugar, raw sugar, and poultry eggs, there needs to be agreement between the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development and the Ministry of Finance.

2. What is included in the application for issuance of the license for importing commodities under the tariff-rate quotas in Vietnam?

According to the import tariff quotas announced annually and the one specified in the trader's application for registration, the Ministry of Industry and Trade shall consider issuing the license for importing commodities under the tariff-rate quotas to the trader.

According to Article 15 of Circular 12/2018/TT-BTC, the application for issuance of the license for importing commodities under the tariff-rate quotas is prescribed in Points a and b Clause 1 Article 9 of the Decree 69/2018/ND-CP. To be specific:

- Application form made using the specimen in the Appendix XIII hereof: 1 original.

- Investment certificate or business registration certificate or enterprise registration certificate: 1 copy bearing the seal of the trader.

3. What are the procedures for issuing the license for importing commodities under the tariff-rate quotas in Vietnam?

According to Clause 3, Article 15 of Circular 12/2018/TT-BTC, procedures for issuing the license for importing commodities under the tariff-rate quotas are prescribed in Clause 2 Article 9 of the Decree 69/2018/ND-CP. To be specific:

- The trader shall submit an application prescribed in Clause 2 of Article 15 of Circular 12/2018/TT-BTC, directly or by post or electronically (if applicable), to the Ministry of Industry and Trade (the Department of Export and Import), 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

- In case the application is unsatisfactory or additional documents need to be provided, within 3 working days from date on which the application is received, the Ministry of Industry and Trade shall request the trader to complete the application.

- The license for importing commodities under the tariff-rate quotas shall be issued to the trader within 10 working days from the date of allocation prescribed in Clause 5 Article 14 of Circular 12/2018/TT-BTC and receipt of the satisfactory application.

In case of rejection of the application, the Ministry of Industry and Trade shall provide written explanation.

Note: According to Clause 4, Article 15 of Circular 12/2018/TT-BTC amended by Article 25 of Circular 42/2019/TT-BCT regulating the time for periodic reporting of import implementation status for traders specifically:

- Each trader shall submit periodic or ad hoc import reports at the request of the Ministry of Industry and Trade (the Department of Export and Import) using the specimen in the Appendix XIV hereof.

- Before September 30, each trader is required to submit to the Ministry of Industry and Trade a report (as a substitute for the third-quarter report) on their capacity for import during the year and expected increase or decrease in the current import quotas or the quantity of commodities which cannot be imported.

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