Other forms of temporary importation in Vietnam according to Decree 69/2018/ND-CP

Other forms of temporary importation in Vietnam according to Decree 69/2018/ND-CP (Internet image)

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

1. Other forms of temporary importation in Vietnam according to Decree 69/2018/ND-CP

Other forms of temporary import and re-export according to Article 15 of Decree 69/2018/ND-CP are as follows:

- Except for prohibited exports or imports; suspended exports or imports, a trader may temporarily import goods to Vietnam under a contract concluded with a foreign party for the purposes of the warranty and maintenance, lease, borrowing, use or other purposes for a specified period and re-export them out of Vietnam, in particular:

+ The trader shall obtain the temporary importation license if the goods have not been sold and used in Vietnam or are managed by export and import quotas, tariff-rate quotas or requiring export or import licenses, except that it obtained an automatic export or import license. Required documents and procedures for licensing application are provided in Article 19 and Article 20 hereof.

The Ministry of Industry and Trade shall issue temporary importation licenses for goods permitted to be sold and used freely in Vietnam in reliance on the written approval of the competent Ministry or ministerial-level agency in charge of such goods.

+ When putting goods prescribed in Point a Clause 1 of Article 15 of Decree 69/2018/ND-CP into use in Vietnam, they must comply with regulations of the Ministry or ministerial-level agency in charge.

+ For goods not specified in Point a Clause 1 of Article 15 of Decree 69/2018/ND-CP, the trader will only carry out the procedures for temporary importation at the customs authority without requiring a temporary importation license.

- The trader may temporarily import the good that was exported for recycling or warranty at the request of the foreign trader, and then re-export it to the foreign trader Procedures for temporary importation shall be carried out at the customs authority without requiring a temporary importation license.

- Temporary importation of goods for displays, exhibition in trade fairs and exhibition.

+ The trader is entitled to temporarily import goods for the purpose of display or exhibition in trade fairs and exhibition, except for prohibited exports and imports; suspended exports and imports.

+ Procedures for temporary importation shall be carried out at the customs authority without requiring a temporary importation license.

+ The trader must comply with regulations on display in trade fairs and exhibition as provided in Section 3 and Section 4 Chapter IV of the Law on Commerce 2005.

- Except for prohibited exports and imports or suspended exports and imports, the trader shall follow the procedures for temporary importation at the customs authority without requiring a temporary importation license.

+ Temporarily importing goods for testing.

+ Temporarily importing spare parts under no contract for substitution or repairs purposes associated with foreign seagoing ships and aircrafts; temporarily importing spare parts for repairing seagoing ships and aircrafts under a contract concluded between a foreign ship-owner and a shipyard in Vietnam.

+ Temporarily importing vehicles that contain exported goods and imported goods according to the rotation method (Empty container with or without hanging hook and soft tray liner in container for liquid cargo).

- Procedures for temporary importation of healthcare machinery and equipment from foreign organizations for healthcare delivery in Vietnam for humanitarian purpose; temporary importation of performance equipment, equipment for training and competition of art troupes, sports tournament and performance troupes shall be carried out at the customs authority without requiring a temporary importation license.

If healthcare machinery and equipment; performance equipment, equipment for training and competition to be temporarily imported are under the list of prohibited exports and imports; suspended exports and imports, or exports and imports requiring license or under given conditions, apart from customs dossiers as prescribed, following documents are also required:

+ A written permission of the competent authority giving reception of the healthcare group or the event group.

+ A written undertaking that the machinery and equipment will be used with proper purposes and as regulated by the competent authority giving the reception.

- The Ministry of National Defense or the Ministry of Public Security shall consider permitting temporary importation of weapons and military equipment being in service to national defense and security.

2. Regulation of temporary importation in Vietnam

Regulation of temporary importation according to Article 14 of Decree 69/2018/ND-CP are as follows:

- 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 in Clause 1 Article 14 of Decree 69/2018/ND-CP, 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 prescribed in Point b Clause 1 Article 13 of Decree 69/2018/ND-CP.

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