Procedures for issuance of license for importing commodities under the tariff-rate quotas in Vietnam

Entities eligible to be issued with license for importing commodities under the tariff-rate quotas in Vietnam

Pursuant to the provisions of Article 14 of Circular 12/2018/TT-BCT, entities eligible to be issued with license for importing commodities under the tariff-rate quotas include:

- Regarding unmanufactured tobacco, the trader that has been issued with the license for manufacture of cigarettes by the Ministry of Industry and Trade and wishes to use imported unmanufactured tobacco to manufacture cigarettes.

- Regarding salt, the trader that wishes to use salt for manufacture that is confirmed by a competent regulatory authority.

- Regarding poultry eggs, the trader that wishes to import poultry eggs.

- Regarding refined sugar and raw sugar, adhering to the annual guidelines of the Ministry of Industry and Trade in consultation with the Ministry of Agriculture and Rural Development and the Ministry of Finance.

According to the import tariff quotas announced annually and the one specified in the trader's application for registration, the Ministry of Industry and Trade shall consider issuing the license for importing commodities under the tariff-rate quotas to the trader.

Procedures for issuance of license for importing commodities under the tariff-rate quotas in Vietnam (Internet image)

Application for issuance of license for importing commodities under the tariff-rate quotas in Vietnam

Pursuant to Clause 2, Article 15 of Circular 12/2018/TT-BCT, the application for issuance of the license for importing commodities under the tariff-rate quotas is prescribed in Point b Clause 1 Article 9 of the Decree 69/2018/ND-CP. To be specific:

- Application form made using the specimen in the Appendix XIII of Circular 12/2018/TT-BCT: 1 original.

- Investment certificate or business registration certificate or enterprise registration certificate: 1 copy bearing the seal of the trader.

Procedures for issuance of license for importing commodities under the tariff-rate quotas in Vietnam

Pursuant to Clause 3, Article 15 of Circular 12/2018/TT-BCT, the procedures for issuing the license for importing commodities under the tariff-rate quotas are prescribed in Clause 2 Article 9 of the Decree 69/2018/ND-CP. To be specific:

- The trader shall submit an application prescribed in Clause 2 of this Article, directly or by post or electronically (if applicable), to the Ministry of Industry and Trade (the Department of Export and Import), 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

- In case the application is unsatisfactory or additional documents need to be provided, within 3 working days from date on which the application is received, the Ministry of Industry and Trade shall request the trader to complete the application.

- The license for importing commodities under the tariff-rate quotas shall be issued to the trader within 10 working days from the date of allocation prescribed in Clause 5 Article 14 of this Circular and receipt of the satisfactory.

In case of rejection of the application, the Ministry of Industry and Trade shall provide written explanation.

Each trader shall submit periodic or ad hoc import reports at the request of the Ministry of Industry and Trade (the Department of Export and Import) using the specimen in the Appendix XIV hereof.

Each trader is required to submit a report (as a substitute for the third-quarter report) on his/her capacity for import during the year and expected increase or decrease in the current import quotas or the quantity of commodities which cannot be imported to the Ministry of Industry and Trade by September 30.

Imposition of export duties on commodities imported under tariff-rate quotas

- The trader issued with the license for importing commodities under tariff-rate quotas or by the Ministry of Industry and Trade or receiving a written notice of the right to use import tariff-rate quotas given by the Ministry of Industry and Trade is entitled to apply inside tariff quota rates on the imports specified in the license for importing commodities under tariff-rate quotas or the written notice of the right to use import tariff-rate quotas.

- Regarding the commodities imported outside the tariff-rate quotas, the outside tariff quota rates shall be applied.

- Regarding the cases in which the applied method for managing import tariff-rate quotas is different from that specified in Clause 1 of this Article, regulations and guidelines of the Ministry of Industry and Trade shall be adhered to.

- The inside and outside tariff quota rates shall be applied in accordance with the Government’s regulations.

Mai Thanh Loi

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