Thông tư 15/2011/TT-BCT

CIRCULAR

STIPULATING REGISTRATION PROCEDURES OF LIST OF IMPORTED GOODS, TEMPORARY IMPORT GOODS FOR RE-EXPORT, LIQUIDATION GOODS OF FOREIGN CONTRACTORS IN THE DOMAIN OF CONSTRUCTION IN VIETNAM

Pursuant to the Decree No.189/2007/ND-CP date December 27, 2007 of the Government providing for function, duties, authorities and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Decree No.85/2009/ND-CP dated October 15, 2009 guiding the implementation of the Law on Bidding and the selection of construction contractors under the law on Construction;
Pursuant to the Resolution No.59/NQ-CP dated December 17, 2010 on simplifying the administrative procedures under the management function scope of the Ministry of Industry and Trade;
Pursuant to the Decision No.87/2004/QD-TTg dated May 19, 2004 of the Prime Minister promulgating the Regulation on management of operations of foreign contractors in the construction domain in Vietnam;
The Minister of Industry and Trade stipulates registration procedures of list of imported goods, temporary import goods for re-export, liquidation goods of foreign contractors in the domain of construction in Vietnam,

Article 1. Subjects of application and scope of governing

This Circular stipulates the procedures to register the list of imported, temporarily imported for re-export, temporarily exported for re-import, liquidated machinery, equipment and materials of foreign contractors (including contractors and subcontractors) has been licensed the construction contractor in accordance with provision in the Decision No.87/2004/QD-TTg dated May 19, 2004 of the Prime Minister issuing the Regulation on management of operations of foreign contractors in the domain of construction in Vietnam (hereinafter referred to as the foreign contractor).

Article 2. Regulations on the import, temporary import for re-export, temporary export for re-import and liquidation of foreign contractors

1. The foreign contractor who has the license of construction bidding are allowed to register the list of imported, temporarily imported for re-export, temporarily exported for re-import machinery, equipment and materials to perform the works accepted bid in Vietnam.

2. The list of imported machinery, equipment and materials must comply with the bidding contract on types, quantities and origin of each type of machinery, equipment, material.

3. List of machinery and equipment (including transport equipment), materials of temporary import for re-export, temporary export for re-import to perform the construction works must be confirmed the agreement by the investors or project owners in accordance with the provisions in clause 3 Article 9 of the Decision No.87/2004/QD-TTg.

4. After being approved by the Ministry of Industry and Trade on the registration of the list of imported, temporarily imported for re-export, temporarily exported for re-import machinery, equipment and materials, the foreign contractors are allowed to conduct directly or to consign the implementation of import procedures in the customs agencies according to the provisions on current export, import management.

5. After the work is completed, the foreign contractors must settle the machinery, equipment and materials have been imported, temporarily imported for re-export, temporarily exported for re-import upon the list registered.

6. After the settlement, the foreign contractors must settle the machinery, equipment and materials which are surplus, unused up or not yet re-exported under the form of liquidation upon the forms of: re-export, sale, destruction.

7. Imported, temporarily imported for re-export, temporarily exported for re-import machinery and equipment, materials for performing the construction works must be used for the proper purpose.

8. The registration of the list of imported, temporarily imported for re-export, temporarily exported for re-import machinery and equipment, materials may be conducted by each year or for the whole project, in compliance with the schedule of work construction.

Article 3. Registration dossier

1. Regulation on the copies of documents:

a) Copy with public notarize (for the cases dossiers are applied by post/ administrative official Dispatch);

b) Copy together with the original (for the cases dossiers are applied directly);

c) The scanned copy from the original (if administrative procedures applying the mode of handing in dossiers through E-network).

2. Dossier to register the list of machinery, equipment and materials temporarily imported for re-export comprises one set, including:

a) Application (one original under the form provided in the Annex I) together with the list of imported machinery, equipment and materials (01 original under the form A Annex II) and/or the list of machinery, equipment, materials temporarily imported for re-export (01 original under the form B Annex II);

b) Documents of investors or project owners negotiating list of temporarily imported for re-export or imported machinery, equipment, materials (01 original);

c) Construction bidding licenses of foreign contractors (01 copy, only required to hand in at the first registration time of the list of projects;

d) Bidding receiving-delivery contract (01 copy, part relating to importation only required to hand in at the first registration time of the list of projects).

3. Dossier to register the list of machinery, equipment and materials temporarily export for re-import comprises one set, including:

a) Application (one original under the form provided in the Annex I) together with the list of imported machinery, equipment and materials temporarily exported for re-import (01 original under the form C Annex II);

b) Documents of investors or project owners negotiating list of goods temporarily exported for re-import (01 original);

4. Dossier to register the list of machinery, equipment and materials liquidated after the settlement comprise one set, including:

a) Application (one original under the form provided in the Annex I) together with the list of liquidated machinery, equipment and materials (01 original under the form D Annex II);

b) Copies of documents of the Ministry of Industry and Trade to approve the registration of list of temporarily imported for re-export, imported machinery, equipment, materials in which there are names of corresponding machinery, equipment, materials requesting for liquidation;

c) Documents of investors or project owners confirming the works completed and negotiating the reason for liquidation.

Article 4. Order, procedures of registration acceptance

1. Within 07 (seven) working days since the date of receipt of complete and valid dossier, the Ministry of Industry and Trade approves the registration of list of import, temporary import for re-export, temporary export for re-import. In case of refusal, the Ministry of Industry and Trade shall notify in writing and state clearly the reason.

2. If dossier is not complete and valid, Within 05 (five) days since the date of dossier receipt, the Ministry of Industry and Trade sends notification to the foreign contractor requesting for supplement.

Article 5. Effect

1. This Circular takes effect on May 15, 2011.

2. This Circular replaces the Decision No.3806/QD-BCT dated July 29, 2009 the Ministry of Industry and Trade on promulgating the application form of registration for the list of goods of import, temporary import for re-export and liquidation of foreign contractors in the domain of construction in Vietnam.

3. During the course of implementation, if any difficulties arise, the relative organizations, individuals reflect to the Ministry of Industry and Trade for prompt settlement./.