Vietnam’s regulations on temporary importation

Temporary importation is specified in Decree No. 69/2018/NĐ-CP of Vietnam’s Government as follows:

First, temporary importation

According to Vietnam’s regulations, a Vietnamese trader is entitled to do temporary importation regardless of its lines of business that are registered, in particular:

- The trader must meet conditions as prescribed if the goods to be temporarily imported must qualify certain conditions.

- The trader must obtain a license to trade in temporary importation issued by the Ministry of Industry and Trade if the goods to be temporarily imported are included in the list of prohibited or suspended exports and imports, goods not be freely sold and used in Vietnam; goods subject to export and import quotas, tariff-rate quotas or requiring export or import licenses, Except for automatic export or import license. Required documents and procedures for licensing application.

The trader will only carry out the procedures for temporary importation at the customs authority if the goods are not mentioned in the above-mentioned 02 cases.

- Foreign-invested business entities may only do temporary importation as prescribed in Article 15 of Decree No. 69/2018/NĐ-CP of Vietnam’s Government and are not allowed to do other types of temporary importation.

- Goods being temporarily-imported shall be subject to the inspection and supervision of the customs authority from the importation until they are re-exported out of Vietnam. Avoid subdividing goods transported by containers during the course of transportation of goods from the temporary import checkpoint to the area subject to customs supervision, the re-export place at the checkpoint, and the border crossings as prescribed.

If, subject to transport requirements, goods to be transported by containers must be changed or subdivided for re-export as regulated by customs authority.

- The temporarily-imported goods may stay in Vietnam within 60 days from the date on which the customs procedures for temporary importation are completed. A trader, seeking for extension, may submit an application for extension to the Sub-department of Customs of district where the procedures for temporary import are processed; each extension period may not exceed 30 days and each temporarily imported shipment is only extended up to twice.

Upon expiry of such time limit, the trader must re-export the goods out of Vietnam or destroy them. If the goods are then imported in Vietnam, the trader must comply with regulations on management of import and taxation.

- The temporary importation shall be undertaken in reliance on two separate contracts: The export contract and import contract signed with the trader of the exporting country and importing country.  The export contract may be signed either before or after the import contract.

- The payment, under temporary importation, must comply with regulation on foreign exchange and guidelines of the State bank of Vietnam.

Second, regulation of temporary importation

- When goods are stuck at ports and checkpoints in a province, the People’s Committee of province shall direct specialized agencies shall adopt measures for releasing and regulation in the province and cooperate with the customs authority at the temporary import checkpoint in imposing measures for regulating temporarily imported goods from the temporary import checkpoint to the re-export checkpoint.

- If the goods remain stuck at the ports and checkpoints regardless of application of the measures prescribed above, in exceptional circumstances, the Ministry of Industry and Trade shall take charge and cooperate with the People's Committee of province, the General Department of Customs and Border Guard Command in regulating the temporarily imported goods as follows:

+ Issuing a document that requests traders to suspend temporary importation in Vietnam.

+ Suspending issuance of licenses to trade in temporary importation for goods as prescribed.

View more details at Decree No. 69/2018/NĐ-CP of Vietnam’s Government, effective from May 15, 2018.

-Thao Uyen-

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