Application for Issuance of Replacement ATA Carnet from July 30, 2020 in Vietnam

Application for Issuance of Replacement ATA Carnet from July 30, 2020 in Vietnam​ (Illustration)

According to Article 9 of Decree 64/2020/ND-CP, the issuance of a replacement ATA Carnet is carried out in three cases:

- Goods cannot be re-imported into Vietnam before the ATA Carnet expires;

- The ATA Carnet is lost, tattered, or destroyed during the validity period of the ATA Carnet in the territory of one of the signatories to the Istanbul Convention;

- Amend or supplement information on the ATA Carnet issued by VCCI, except for information about goods on the ATA Carnet in case the ATA Carnet has not yet carried out the temporary export procedure.

Application for a replacement ATA Carnet from July 30, 2020, includes:

- Application for issuance of an ATA Carnet according to Form No. 02/DDN specified in Appendix III issued together with this Decree: 01 original copy;

- Sample ATA Carnet with all information declared (typed) on the front and back cover pages according to the sample ATA Carnet stipulated in Appendix I issued together with this Decree: 01 original copy and 01 photocopy;

- Power of Attorney according to Form No. 03/GUQ specified in Appendix III issued together with this Decree in case the applicant for the ATA Carnet is not the carnet holder: 01 original copy;

- Confirmation letter from the competent authority on organizing or participating in events as stipulated in Clause 7, Article 3 of this Decree: 01 photocopy;

- Proof of the lost or destroyed ATA Carnet (in case of loss or destruction as specified in Point b, Clause 1 of this Article): 01 photocopy;

- ATA Carnet proposed for replacement (in the case the old ATA Carnet has at least 20 days of validity remaining or the old ATA Carnet is tattered): 01 original copy;

- Documents related to revised or supplemented information (if any): 01 photocopy;

- Guarantee letter issued by a credit institution or a branch of a foreign bank or proof of deposit to VCCI (for cases specified in Point a, Clause 1 of this Article): 01 original copy.

Meanwhile, the ATA Carnet holder is responsible for:

- Submitting the application for a replacement ATA Carnet as stipulated in Clause 2 of this Article;

- Presenting the goods upon VCCI's request for verification;

- Paying the fee for the issuance of a replacement ATA Carnet as stipulated;

- After being issued a replacement ATA Carnet, the holder must not add more goods to the general list registered in the replaced ATA Carnet;

- In case of being ineligible for a replacement ATA Carnet, the customs declarant carries out the procedures on a paper customs declaration for re-imported goods as stipulated by law;

- Before using the replacement ATA Carnet, presenting the replacement ATA Carnet to the customs office where the temporary export procedure for the first shipment of the replaced ATA Carnet was carried out for verification.

VCCI is responsible for:

- Receiving, checking the completeness and validity of the application as stipulated in Clause 2 of this Article.

In case the application is complete, valid, and falls under the cases specified in Clause 1 of this Article, within 07 working days from the date of receipt of the complete and valid application, VCCI proceeds to issue the replacement ATA Carnet.

The replacement ATA Carnet for cases stipulated in Point a, Clause 1 of this Article contains the same information as the old ATA Carnet, except for the ATA Carnet number, issuance date, and validity period. The replacement ATA Carnet becomes effective immediately after the old ATA Carnet expires. The phrase “Replacement Camet for ATA Carnet No.... (old carnet number)” is printed on the front green cover of the replacement ATA Carnet and the phrase “Replacement Carnet” is printed on all the counterfoils and vouchers of the replacement ATA Carnet.

The replacement ATA Carnet for cases stipulated in Point b, Clause 1 of this Article contains the same information as the old ATA Carnet. The phrase “Replacement Carnet” is printed on the front green cover of the replacement ATA Carnet and on all the counterfoils and vouchers of the replacement ATA Carnet.

The replacement ATA Carnet for cases stipulated in Point c, Clause 1 of this Article has the same information as the old ATA Carnet: carnet number, goods, and other unchanged information.

Collecting the issuance fee for the replacement ATA Carnet as stipulated.

In case the application is incomplete or invalid, at the latest within 01 working day from the date of receipt of the application, VCCI issues a written request for the carnet holder to provide additional information or documents as stipulated in Clause 2 of this Article.

- In case the application does not fall under cases eligible for a replacement ATA Carnet as specified in Clause 1 of this Article, VCCI issues a written refusal within 02 working days from the date of receipt of the application for a replacement ATA Carnet and guides the carnet holder to carry out re-import procedures on a paper customs declaration as stipulated by law;

- Update information on the replacement ATA Carnet into the Customs electronic data processing system. In case the Customs electronic data processing system is not yet available, VCCI notifies in writing and sends 01 photocopy of the ATA Carnet to the Ministry of Finance (General Department of Customs) within 03 working days from the date of issuance of the replacement ATA Carnet;

- Return the replacement ATA Carnet, the old ATA Carnet in the cases specified in Points a, b (for tattered carnet) Clause 1 of this Article, and filing 01 photocopy of the issued replacement ATA Carnet together with the application for the replacement ATA Carnet.

The customs office in Vietnam is responsible for:

- Receiving the replacement ATA Carnet presented by the carnet holder;

- Within 08 working hours from the time of receiving the replacement ATA Carnet, the customs office at the place of temporary export or temporary import procedures for the first shipment of the replaced ATA Carnet verifies the information on the replacement ATA Carnet with the information on the Customs electronic data processing system or photocopies of the cover page and counterfoils, vouchers stored (in case there is no Customs electronic data processing system). If the verification results match, the customs office records and verifies the information on the replacement ATA Carnet as stipulated in Appendix II issued together with this Decree and returns the replacement ATA Carnet to the customs declarant;

- Updating information on the replacement ATA Carnet into the Customs electronic data processing system, in case there is no Customs electronic data processing system, the customs office stores photocopies of the cover page of the replacement ATA Carnet, yellow counterfoil (counterfoil) for temporarily exported goods or white counterfoil (counterfoil) for temporarily imported goods;- In case the information verification on the replacement ATA Carnet is ineligible as stipulated in Point b of this Clause, guiding the carnet holder to carry out procedures on a paper customs declaration for re-imported, re-exported goods as stipulated by law, updating information on the re-imported, re-exported declaration into the Customs electronic data processing system after completing the re-import, re-export procedures.

Regarding the validity period of the replacement ATA Carnet in Vietnam:

- In the case of "goods cannot be re-imported into Vietnam before the ATA Carnet expires", the validity period of the replacement ATA Carnet is 12 months from the issuance date.

- In case of "The ATA Carnet is lost, tattered, or destroyed during the validity period of the ATA Carnet in the territory of one of the signatories to the Istanbul Convention; Amend or supplement information on the ATA Carnet issued by VCCI, except for information about goods on the ATA Carnet in case the ATA Carnet has not yet carried out the temporary export procedure", the validity period of the replacement ATA Carnet is the validity period of the old ATA Carnet.

See the full text of the regulations in Decree 64/2020/ND-CP effective from July 30, 2020.

Thu Ba

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