Conditions for trading in temporary importation of frozen food in Vietnam

Conditions for trading in temporary importation of frozen food in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. Conditions for trading in temporary importation of frozen food in Vietnam

According to Article 23 of Decree 69/2018/ND-CP, an enterprise in Vietnam must meet following conditions to trade in temporary importation of frozen food in Appendix VII to  Decree 69/2018/ND-CP:

- It posts a bond of VND 10 billion at a credit institution in province where the Enterprise’s warehouse or storage yard is located as prescribed in Clause 2 of Decree 69/2018/ND-CP.

- It has warehouses and storage yards in service to trading in temporary importation of frozen food:

+ Each warehouse or storage yard has capacity of at least 40-feet frozen containers and at least 1.500 m2, separated by railings, at least 2.5m high, has roads for semi-trailers to move in and out of the warehouse or storage yard; has entrance gate and signs  of companies using it.

+ Each warehouse or storage yard has adequate electricity source (including electrical grid and electricity generator with equivalent capacity) and dedicated equipment to operate frozen containers according to the capacity of the warehouse or storage yard.

+ Each warehouse or storage yard must be owned by the Enterprise or leased under a lease agreement; located in a planned area for system of warehouses and storage yards serving trading in temporary importation of frozen food or an area regulated by the People’s Committee of bordering province with mutual consent of the Ministry of National Defense, the Ministry of Finance and the Ministry of Industry and Trade.

2. Application and procedures for issuance of temporary importation code in Vietnam

Application and procedures for issuance of temporary importation code in Vietnam according to Article 27 of Decree 69/2018/ND-CP are as follows:

- An Enterprise seeking for a temporary importation code shall submit an application, in person, by post or online (if applicable) to the Ministry of Industry and Trade. Required application documents:

+ An application for temporary importation code: 1 original.

+ A business registration certificate or a business registration certificate: 1 copy bearing the Enterprise’s stamp.

+ A document made by a credit institution confirming that the Enterprise posted a bond as prescribed in Clause 1 Article 23, 24 or 25 of Decree 69/2018/ND-CP: 1 original.

+ A document proving that the Enterprise owned a warehouse or storage yard or lease agreement of warehouse or storage yard in service of trading in temporary importation of frozen food as prescribed in Clause 2 Article 23 of Decree 69/2018/ND-CP: 1 copy bearing the Enterprise’s stamp.

+ A document made by the electricity authority in administrative division where the Enterprise’s warehouse or storage yard is located confirming that it has electrical grid capable of operating frozen containers by capacity: 1 original.

If the Enterprise applies for temporary importation code of goods liable to special excise duty or used goods, documents prescribed in Point d and dd Clause 1 Article 27 of Decree 69/2018/ND-CP are not required.

- If the required documents are incomplete or invalid , the Ministry of Industry and Trade shall, within 3 working days from the date on which the application is received, notify the Enterprise of deficiencies and allow the Enterprise to correct the deficiencies.

- From the date on which a complete and valid application for temporary importation code of frozen food is received, within 7 working days, the Ministry of Industry and Trade shall examine the application and empower the Department of Industry and Trade  of province where the Enterprise’s warehouse or storage yard is located to undertake a verification visit to confirm its conditions. Within 7 working days from the date on which a document determining whether the warehouse or storage yard conditions are met, the Ministry of Industry and Trade shall consider issuing the temporary importation code of frozen food to the Enterprise.

From the date on which a complete and valid application for temporary importation code of goods liable to special excise duty or used goods is received, within 7 working days, the Ministry of Industry and Trade shall consider issuing the temporary importation code of frozen food to the Enterprise.

If the application is refused, the Ministry of Industry and Trade shall provide explanation in writing.

- If the Enterprise wishes to amend the temporary importation code or have the temporary importation code which is lost replaced, it shall send an application for amendment or replacement and required documents to the Ministry of Industry and Trade. Within 5 working days from the date on which a complete and valid application is received, the Ministry of Industry and Trade shall issue an amended license or a duplicate temporary importation code.

- If documents in the application for temporary importation code need further verification, the processing period prescribed in Clause 3 and Clause 4 Article 27 of Decree 69/2018/ND-CP shall commence from the date on which the Ministry of Industry and Trade receives written responses from relevant agencies as to the verification.

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