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THE MINISTRY OF TRADE | SOCIALIST REPUBLIC OF VIET NAM |
No: 13/2006/TT-BTM | Hanoi, November 29, 2006 |
CIRCULAR
GUIDING PROCEDURES FOR IMPORT AND EXPORT OF GOODS OF DOMESTIC AND FOREIGN CONTRACTORS DEFINED IN THE GOVERNMENT'S DECREE NO. 111/2006/ND-CP OF SEPTEMBER 29, 2006, DETAILING THE BIDDING LAW AND THE SELECTION OF CONSTRUCTION CONTRACTORS UNDER THE CONSTRUCTION LAW
Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Trade;
Pursuant to the Government's Decree No. 111/2006/ND-CP of September 29, 2006, detailing the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Government's Decree No. 12/ 2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;
The Ministry of Trade guides procedures for export and import of goods of domestic and foreign contractors as follows:
I. SUBJECT AND SCOPE OF REGULATION
This Circular guides procedures for export and import of goods of domestic and foreign contractors (collectively referred to as contractors) that win bids for state budget-funded projects under the provisions of the Bidding Law.
Construction activities of foreign contractors winning bids in Vietnam are not governed by this Circular, but comply with the provisions of Clause 4, Article 7 of the Construction Law and the Government's Decree No. 87/2004/QD-TTg of May 19, 2004, on operation regulation of foreign contractors in the construction domain in Vietnam.
II. IMPORT-EXPORT PROCEDURES
1. Imported goods:
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2. Import contract:
An import contract is a goods sale and purchase contract signed between a domestic contractor and a foreign trader or between a bid-winning foreign contractor and a Vietnamese enterprise in accordance with a competent authority's decision approving construction contractor-selection results. The contents of an import contract must comply with the law on contracts.
3. Import procedures:
3.1. Import of machinery and equipment:
Bid-winning contractors may directly fill in procedures for the import of machinery and equipment at border-gate customs offices with the following documents:
- The decision approving the investment project;
- The decision approving the bidding results;
- The import contract;
- The notarized copies of the business registration certificate and tax identification number of the contractor (for domestic contractors);
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3.2. Lease and borrowing of imported machinery and equipment:
In the process of executing investment projects, contractors may lease or borrow machinery and equipment in service of the construction of works. After completing projects, contractors shall re-export leased and borrowed machinery and equipment in return to foreign traders. In case of liquidating those machinery and equipment in Vietnam, contractors shall fulfill their financial obligations in accordance with law. Liquidated machinery and equipment must comply with the law on imported second-hand machinery and equipment. Liquidation and import procedures shall be carried out directly at border-gate customs offices.
3.3. Temporary import for re-export, temporary export for re-import
In the process of executing investment projects, contractors may:
- Temporarily import machinery, equipment and means of transport for the construction of works; and re-export them after completion of those works.
- Temporarily export parts, details, accessories, etc., of imported machinery and equipment chain to foreign countries for repair or replacement before re-importing them.
Procedures for temporary import for re-export and temporary export for re-import shall be carried out directly at border-gate customs offices.
III. ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15 days after its publication in "CONG BAO."
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3. During the course of implementation of this Circular, any arising problems should be reported by contractors and concerned agencies to the Ministry of Trade for appropriate amendment and supplementation.
- 1Decree of Government No. 111/2006/ND-CP of September 29, 2006 guiding the implementation of the bidding law and the selection of construction contractors under the Construction Law
- 2Circular No. 04/2006/TT-BTM of the Ministry of Trade, providing guidelines for implementation of Decree 12-2006/ND-CP of the Government dated 23 January 2006 providing detailed regulations for implementation of the Commercial Law with respect to international purchases and sales of goods, agency for sale and purchase, processing and transit of goods involving foreign parties
- 3Decree of Government No. 12/2006/ND-CP, making detailed provisions for implementation of the Commercial Law with respect to international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties.
- 4Law no. 61/2005/QH11 of November 29,2005 on tendering
- 5Commercial Law No.36/2005/QH11, passed by the National Assembly
- 6Decision No.87/2004/QD-TTg of May 19, 2004 promulgating the regulation on management of operations of foreign contractors in the construction domain in Vietnam
- 7Law No. 16/2003/QH11 of November 26, 2003, on Construction.
Circularn No. 13/2006/TT-BTM of November 29, 2006 guiding procedures for import and export of goods of domestic and foreign contractors defined in The Government''s Decree No. 111/2006/ND-CP of September 29, 2006, detailing the bidding law and the selection of construction contractors under the construction law
- Số hiệu: 13/2006/TT-BTM
- Loại văn bản: Thông tư
- Ngày ban hành: 29/11/2006
- Nơi ban hành: Bộ Thương mại
- Người ký: Lê Danh Vĩnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra