When shall the temporary importation code be revoked?

When shall the temporary importation code of an enterprise be revoked according to Vietnam’s regulations? This is a question that recently LawNet has received ưuite a lot from Customers and Members. LawNet would like to answer this issue in the article below.

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According to Article 28 of Decree No. 69/2018/NĐ-CP of Vietnam’s Government, there are 02 cases of revocation of temporary importation code.

1. At the request of an Enterprise

Specifically, according to Clause 1 Article 28 of Decree No. 69/2018/NĐ-CP of Vietnam’s Government, the Ministry of Industry and Trade shall revoke temporary importation code at the request of an Enterprise according to confirmation of relevant agencies if:

- The Enterprise re-exported all of the temporarily imported goods out of Vietnam.

- The Enterprise fulfilled obligations arising in the course of transport and retention of temporarily imported goods as prescribed in this Decree (if any).

2. When the Enterprise commits any violation

Specifically, according to Clause 2 Article 28 of Decree No. 69/2018/NĐ-CP of Vietnam’s Government, the Ministry of Industry and Trade shall revoke temporary importation code if the Enterprise:

- Falsified that it had met all conditions as prescribed in this Decree.

- Fails to maintain conditions prescribed in this Decree while using the temporary importation code.

- Fails to pay extra amount to the bond within 30 days from the date on which the Ministry of Industry and Trade gives a notice as prescribed in Clause 2 Article 30 hereof.

- Fails to comply with the request made by the competent authority in terms of regulation of temporarily imported goods prescribed in Article 14 hereof.

- Trades in temporary importation without any license for temporary importation issued by the Ministry of Industry and Trade as prescribed.

- Trades in temporary importation of goods prohibited or suspended from temporary importation.

- Refuses obligation under the signed import contract against shipments arriving at the port or Vietnam’s checkpoint.

- Brings temporarily-imported goods into the local market without any permission.

- Breaks the customs seal as to temporarily-imported goods without any permission.

Enterprises having their temporary importation codes revoked prescribed in Points a, b, c, d, dd, h, I Clause 2 hereof may not be reissued with other temporary importation codes within 2 years from the date of revocation.

Enterprises having their temporary importation codes revoked prescribed in Points e, g Clause 2 hereof may not be reissued with any temporary importation code.

Nguyen Trinh

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