How are Vietnam’s regulations on retention of temporarily-imported goods? Thank you. Mr. Nguyen Ngoc Son sent a question to LAWNET on February 24, 2020.
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LAWNET would like to answer Mr. Son’s question as follows:
According to Clauses 4 and 5 Article 82 of Circular No. 38/2015/TT-BTC of the Ministry of Finance of Vietnam, retention of temporarily-imported goods is as follows:
1. Retention period
According to current regulations of Decree No. 69/2018/NĐ-CP of Vietnam’s Government, the temporarily-imported goods may stay in Vietnam within 60 days from the date on which the customs procedures for temporary importation are completed.
The trader that wishes to extend the retention period in Vietnam shall send a written request to the Sub-department of Customs at the checkpoint where procedures for temporary import were followed. The Director of the Sub-department of Customs shall consider granting the request and return it to the trader for following procedures for re-export of goods; 01 photocopy shall be kept together with the customs dossier. A shipment shall be granted not more than 02 extensions, each of which shall not exceed 30 days.
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.
Temporarily imports subject to conditions of the Government or goods restricted from import prescribed by the Ministry of Industry and Trade must be re-exported through the checkpoint of temporary import within 15 days from the expiration of the retention period (goods must not be re-exported to checkpoints other than the checkpoint of temporary import). Goods that are not re-exported shall be confiscated and handled as prescribed. If goods must be destroyed, the trader shall incur the destruction cost. The Sub-department of Customs at the checkpoint of temporary import shall take charge and cooperate with the Sub-department of Customs at the checkpoint of re-export in transferring, managing, supervising, and handling goods that are retained in Vietnam after the deadline for retention expires.
2. Retention location
According to Clause 5 Article 82 of Circular No. 38/2015/TT-BTC supplemented by Clause 56 Article 1 of Circular No. 39/2018/TT-BTC of the Ministry of Finance of Vietnam, goods temporarily imported for re-export (including those that have completed procedures for temporary import or re-export pending export) shall be kept at one of the following location:
- An area under customs supervision at the checkpoint;
- An ICD or bonded warehouse at the checkpoint of import or checkpoint of export;
- Warehouse/depot of a trader that has been granted a temporary import number by the Ministry of Industry and Trade;
- Bordering customs clearance posts and export inspection posts.
Thus, the temporarily-imported goods shall be kept at one of the 04 above-mentioned locations 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.
Nguyen Trinh
