What are regulations on goods granted temporary admission in implementation of temporary admission mechanism under the Istanbul Convention in Vietnam?

1. What are regulations on goods granted temporary admission in implementation of temporary admission mechanism under the Istanbul Convention in Vietnam?

In Article 4 of Decree 64/2020/ND-CP, goods granted temporary admission as follows:

1. The following goods shall be granted temporary admission:

a) goods intended for display or demonstration at an event prescribed in Clause 7 Article 3 hereof;

b) goods intended for use at an event, including: goods necessary for the purpose of demonstrating foreign machinery or apparatus to be displayed; construction and decoration material, including electrical fittings, for the temporary stands or stalls; advertising and demonstration material which is demonstrably publicity material for the foreign goods displayed;

c) equipment including interpretation equipment, sound and image recording apparatus and films of an educational, scientific or cultural character intended for use at events.

2. While goods granted temporary admission as prescribed herein are used at an event, they cannot be used for any other purposes. When ending an event, temporarily admitted goods must be re-exported, re-imported or undergone procedures for home use or repurposing in accordance with regulations of law.

Goods granted temporary admission may be used at an event in Vietnam after completion of temporary importation procedure as prescribed in Article 15 hereof.

2. What are regulations on conditions of temporary admission under the Istanbul Convention in Vietnam?

According to Article 5 of Decree 64/2020/ND-CP, conditions of temporary admission are as follows:

1. Temporarily admitted goods must comply with policies for management of goods temporarily imported for re-exportation and goods temporarily exported for re-importation.

2. Temporarily admitted goods must be suitable for the purposes of an event as prescribed in Clause 7 Article 3 hereof and identifiable by specific serial number or identification marks.

3. The customs declarant must present an unexpired ATA carnet made according to the form in Appendix I enclosed herewith and issued by the ATA carnet issuing association for completing customs procedures.

3. What are general regulations on period of temporary admission under the Istanbul Convention in Vietnam?

Pursuant to Article 6 of Decree 64/2020/ND-/CP, general regulations on period of temporary admission under the Istanbul Convention are as follows:

1. The period for the temporary importation and re-exportation of temporarily admitted goods shall be 12 months from the date of completion of temporary importation procedures and fall within the validity period of the ATA carnet (including the validity period of the replacement ATA carnet).

2. The period for the temporary exportation and re-importation of temporarily admitted goods shall be 12 months from the date of completion of temporary exportation procedures and fall within the validity period of the ATA carnet (including the validity period of the replacement ATA carnet).

3. Where the goods cannot be re-exported from the country of departure within the period prescribed in Clause 2 of this Article, the customs declarant shall apply for a replacement ATA carnet in accordance with the provisions in Article 9 hereof for extending the period for temporary exportation and re-importation at the customs authority where temporary exportation procedure has been followed.

4. When the goods cannot be re-exported within the period prescribed in Clause 1 of this Article as a result of a seizure decided by a competent authority, the ATA carnet holder shall not be liable to any actions for failure to re-export the goods within the period for temporary importation during the duration of the seizure.

4. What are regulations on cases of termination of temporary admission under the Istanbul Convention in Vietnam?

According to Article 7 of Decree 64/2020/ND-CP, cases of termination of temporary admission under the Istanbul Convention are as follows:

1. Procedures for re-exportation or re-importation of temporarily admitted goods have been completed (including the cases where the goods are placed in a bonded warehouse or free trade zone). Evidence of re-exportation or re-importation of goods:  

a) Evidence of the re-exportation of temporarily imported goods is the counterfoil completed and stamped by the customs authority of Vietnam and the re-exportation counterfoil or the customs declaration granted clearance if the goods are re-exported by a written customs declaration form;

b) Evidence of the re-importation of temporarily exported goods is the counterfoil and the re-importation counterfoil completed and stamped by the customs authority of Vietnam or the customs declaration granted clearance if the goods are re-imported by a written customs declaration form.

2. Temporarily admitted goods which are not re-exported or re-imported are cleared for repurposing (including use of goods as gifts or presents) or for home use.

3. Goods have been disposed of according to a competent authority’s decision, goods have been seriously damaged, destroyed or totally lost by accident or force majeure as certified by competent authorities and subjected to the import duties and taxes which have been fully paid in accordance with regulations on goods temporarily imported for re-exportation and goods temporarily exported for re-importation.

4. Temporarily admitted goods have been confiscated by competent authorities in accordance with the national legislation of the country of temporary admission.

Best Regards!