Vietnam: Guidance on applications for suspension of customs procedures from April 20, 2020

15:57, 09/03/2020

Recently, the Minister of Finance of Vietnam issued Circular No. 13/2020/TT-BTC on amendments to Circular No. 13/2015/TT-BTC dated January 30, 2015 on inspection, supervision and suspension of customs procedures for imports and exports that are subject matters of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights.

Hướng dẫn nộp hồ sơ đề nghị tạm dừng làm thủ tục hải quan, Thông tư 13/2020/TT-BTC

Specifically, according to Clause 7 Article 1 of Circular No. 13/2020/TT-BTC of the Ministry of Finance of Vietnam, from April 20, 2020, the applicant shall submit an application for suspension of customs procedures for exports and imports that are subject matters of IPRs to the Sub-department of Customs where customs procedures are followed through the e-customs system. To be specific:

If the General Department of Customs (Customs Control and Supervision Department) has yet to accept the application for inspection and supervision, the application for suspension of customs procedures includes:

a) An application for inspection and supervision of exports and imports that are subject matters of intellectual property rights, which is prepared as prescribed in Article 6 hereof;

b) An application form, which is made using the form No. 02 - DTD/SHTT/2020 in the Appendix hereof;

c) Credit institution’s guarantee or payment, which is prescribed in Clause 3 Article 73 of the Law on Customs of Vietnam;

d) A receipt of payment of customs fees, which is specified in Circular No. 274/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on the rate, collection, submission, management and use of the customs fees and the charges on goods and vehicles in transit.

However, if the e-customs system is unresponsive or fails, the IPR holder or legal authorized person shall submit 01 physical application including the documents in this Article to the Sub-department of Customs where customs procedures for exports and imports to be suspended from customs procedures are followed. The documents specified in Points b and c of this Clause must be originals, documents specified in Point d of this Clause must be photocopies bearing the signature and seal of the applicant.

View more details at: Circular No. 13/2020/TT-BTC of the Ministry of Finance of Vietnam takes effect from April 20, 2020.

Thu Ba

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