Temporary custody of goods under the Istanbul Convention applied under these 03 conditions

Temporary admission of goods under the Istanbul Convention is applied under these three conditions (Illustration)

According to this Decree, the application of temporary admission under the Istanbul Convention is conducted ensuring the following three conditions:

- Goods under temporary admission must comply with the policies on management regarding temporary import for re-export, and temporary export for re-import as per the law.

- Goods under temporary admission must be suitable for the purpose of organizing or participating in events as prescribed in Clause 7, Article 3 of this Decree and must be identifiable by serial number or specific features or identification marks.

- The customs declarant must use the valid carnet (hereinafter referred to as ATA carnet) according to the form prescribed in Appendix I issued with this Decree and must be issued by the ATA carnet issuing authority to conduct customs procedures.

The ATA carnet is a document used for the temporary admission of goods, accepted as a replacement for the customs declaration form to complete customs procedures and ensures payment of import taxes, other taxes, late payment fees, fines, and charges (if any) related to goods under temporary admission, as prescribed in Decree 64/2020/ND-CP. The ATA carnet holder is the owner of the goods who requests the issuance of the ATA carnet.

Additionally, Decree 64 stipulates the term of temporary admission of goods as follows:

- The term for temporary import for re-export of goods under temporary admission is 12 months from the date the goods complete temporary import procedures and within the validity period of the ATA carnet (including the validity period of the replacement ATA carnet).- The term for temporary export for re-import of goods under temporary admission is 12 months from the date the goods complete temporary export procedures and within the validity period of the ATA carnet (including the validity period of the replacement ATA carnet).- In case the goods cannot be re-exported out of the destination country before the expiry of the term prescribed in Clause 2 of this Article, the customs declarant follows the procedure to issue a replacement ATA carnet according to the provisions of Article 9 of this Decree to extend the term of temporary export, re-import at the customs office where the temporary export procedures were completed.- In case the goods cannot be re-exported within the prescribed term in Clause 1 of this Article due to being temporarily retained by the decision of a competent authority, during the retention period according to the decision of the competent authority, the carnet holder will not be penalized for the act of exceeding the temporary import term without re-export.

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

Thu Ba

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