Which entities are eligible to be issued with license for importing commodities under the tariff-rate quotas in Vietnam?

Which entities are eligible to be issued with license for importing commodities under the tariff-rate quotas in Vietnam?

Pursuant to Article 14 of the Circular 12/2018/TT-BCT stipulating entities eligible to be issued with license for importing commodities under the tariff-rate quotas:

Entities eligible to be issued with license for importing commodities under the tariff-rate quotas

1. 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.

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

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

4. 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.

5. The Ministry of Industry and Trade shall decide on time for allocation of tariff-rate quotas on the commodities prescribed in Clause 1 of this Article.

Regarding the commodities prescribed in Clauses 2, 3 and 4 of this Article, 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.

As regulated above, the license for importing commodities under the tariff-rate quotas in Vietnam is issued to following entities: unmanufactured tobacco, salt, poultry eggs, refined sugar and raw sugar.

Which entities are eligible to be issued with license for importing commodities under the tariff-rate quotas in Vietnam? - image from internet 

What documents are included in the application for license for importing commodities under the tariff-rate quotas in Vietnam?

Pursuant to Article 15 of the Circular 12/2018/TT-BCT (amended by Article 25 of the Circular 42/2019/TT-BCT) stipulating issuance of license for importing commodities under the tariff-rate quotas:

Issuance of license for importing commodities under the tariff-rate quotas

1. 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.

2. 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 No. 69/2018/ND-CP. To be specific:

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

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

3. Procedures for issuing the license for importing commodities under the tariff-rate quotas are prescribed in Clause 2 Article 9 of the Decree No. 69/2018/ND-CP. To be specific:

a) The trader shall submit an application prescribed in Clause 2 of this Article, 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.

b) 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.

c) 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 this Circular and receipt of the satisfactory application.

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

4. Traders are responsible for regularly reporting on a quarterly basis before the 10th day of the first month of the following quarter or on an ad-hoc basis through postal services, in written form, to the Ministry of Industry and Trade (Department of Import-Export) regarding the import situation as required. The report should follow the template specified in Appendix XIV issued with this Circular.

Before September 30th each year, traders are required to submit a report (replacing the Q3 report) through postal services to the Ministry of Industry and Trade (Department of Import-Export) to assess the import capacity for the entire year and request adjustments to increase or decrease the granted import quota. Alternatively, they should also report the quantity of goods that are not eligible for import to be allocated to other traders.

As regulated above, the application for issuance of the license for importing commodities under the tariff-rate quotas includes following documents:

- Application form for importing commodities under the tariff-rate quotas.

- Investment certificate or business registration certificate or enterprise registration certificate.

What are included in the List of commodities imported under tariff-rate quotas in Vietnam?

Pursuant to Article 11 of the Circular 12/2018/TT-BCT stipulating entities eligible to be issued with license for importing commodities under the tariff-rate quotasthe List of commodities imported under tariff-rate quotas in Vietnam:

Best regards!