CIRCULAR

ISSUANCE OF LICENSES FOR AUTOMATIC IMPORT OF SOME STEEL PRODUCTS

Pursuant to the Government's Decree No. 95/2012/NĐ-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 187/2013/NĐ-CP dated November 20, 2013 elaborating some Articles on international trading, agent activities, trading, processing, and transit of goods with foreign parties of the Law on Commerce;

Pursuant to the Prime Minister’s Decision No. 41/2005/QĐ-TTg dated March 02, 2005 on issuance of import license;

At the request of the Director of Export and Import Administration;

The Minister of Industry and Trade issues a Circular on issuance of licenses for automatic import of some steel products.

Chapter I

...

...

...

Article 1. Scope

1. This Circular deals with issuance of licenses for automatic import of some steel products (specified in Appendix 01 enclosed herewith).

2. Imported steel products in the following cases are not regulated by this Circular:

a) Goods temporarily imported for re-export, goods temporarily exported for re-import, transited goods;

b) Non-trading imports;

Article 2. Regulated entities

This Circular applies to regulatory bodies, importers of steel products, and relevant entities.

Chapter II

ISSUANCE AND SUBMISSION OF AUTOMATIC IMPORT LICENSES

...

...

...

1. Automatic import licenses are issued by the Ministry of Industry and Trade to traders by certifying applications for import of each shipment.

2. Each automatic import license is effective for 30 days from the day on which it is certified by the Ministry of Industry and Trade.

Article 4. Licensing authority

1. Export and Import Administration is the licensing authority.

2. Addresses:

a. Export and Import Administration – the Ministry of Industry and Trade: No. 24 Hai Ba Trung street, Hoan Kiem district, Hanoi.

b. Representative office of Export and Import Administration in Ho Chi Minh City: 2^nd floor, No. 12 Vo Van Kiet street, Nguyen Thai Binh ward, District 1, Ho Chi Minh City.

Article 5. Responsibility of applicants

Applicant for automatic import license has the responsibility to:

...

...

...

2. Submit the application for the automatic import license to the licensing authority as prescribed in Article 8 to the address mentioned in Clause 2 of Article 4 (by post). The date of receipt is the date on the seal.

3. Take legal responsibility for the accuracy and truthfulness of information provided in the application for the automatic import license.

Article 6. Responsibility of the licensing authority

The licensing authority has the responsibility to:

1. Instruct applicants at their request.

2. Receive, check trader’s profiles and applications for automatic import license.

3. Issue automatic import licenses on schedule as prescribed in Article 9 and Article 10.

Article 7. Registration of trader’s profile

1. The applicant for the automatic import license must register the trader’s profile with the licensing authority when applying for the first automatic import license. The issuance of automatic import license is only considered after the trader’s profile is registered. The trader’s profile consists of:

...

...

...

b) Certificate of Business Registration or Certificate of Business registration or certificate of investment: 01 certified true copy bearing the trader’s seal.

2. All changes in the trader’s profile must be notified to the licensing authority in writing.

Article 8. Application for automatic import license

1. An application for automatic import license consists of:

a) 02 copies of the application form (Appendix No. 03 enclosed herewith);

b) Import contract or equivalent documents: 01 certified true copy bearing the trader’s seal;

c) Commercial invoice: 01 certified true copy bearing the trader’s seal;

d) Letter of credit or payment document or certification of bank transfer (enclosed with the request for certification of bank transfer: 01 certified true copy bearing the trader’s seal (Appendix 04A and 04B);

dd) Bill of lading or transport documents of the shipment: 01 certified true copy bearing the trader’s seal.

...

...

...

3. If goods are imported through a road checkpoint or from a free trade zone, the trader is not required to submit the bill of lading or transport document. Instead, the trader must submit an import report according to the previous import application that was certified (using the form provided in Appendix 05).

Article 9. Issuance of automatic import license

1. The automatic import license is issued within 07 working days from the day on which the licensing authority receives the satisfactory application as prescribed in Article 8.

2. If the trader submits the application online as prescribed in Article 11, the automatic import license shall be issued within 05 working days from the day on which the licensing authority receives the satisfactory application as prescribed in Article 8.

3. The automatic import license shall be sent by post to the address written on the application form.

Article 10. Reissuance, adjustment, and revocation of automatic import license

1. If the automatic import license is lost or damaged, the trader shall submit an explanation together with the application. The Ministry of Industry and Trade shall consider reissuing the automatic import license if the issued license is unexpired. If the issued license has expired, the trader shall request the Ministry of Industry and Trade in writing to annul the lost or damaged one and submit an application for issuance of a new automatic import license.

The automatic import license shall be reissued within 05 working days from the day on which the licensing authority receives the satisfactory application.

2. If the automatic import license which has been certified by the Ministry of Industry and Trade needs adjusting, the trader shall submit a written explanation, request for adjustment, relevant documents, and the application that contain adjusted into to the Ministry of Industry and Trade, and return the certified license (original license);

...

...

...

3. In case the Ministry of Industry and Trade finds that an automatic import license is issued improperly, it will be revoked and relevant agencies will be informed.

Article 11. Registering for automatic import license online

Traders may register for automatic import licenses online according to the procedures below before submitting documents:

1. In case of application for the first automatic import license, the trader must provide information about the trader’s profile over the Internet using the software system provided by the Ministry of Industry and Trade and send the trader’s profile to the licensing authority’s address. The trader’s profile consists of:

a) A registration of signature of the person competent to or authorized to sigh the application for automatic import license and the trader’s seal (Appendix No. 02);

b) Certificate of Business Registration or Certificate of Business registration or certificate of investment: 01 certified true copy bearing the trader’s seal.

2. After an account is provided, the trader will provide information about the application for registration automatic import using the software system provided by the Ministry of Industry and Trade. Issuance of automatic import license will be displayed online.

3. The Ministry of Industry and Trade shall verify information using the online interface and notify the trader of the result within 01 day over the Internet.

4. After receiving the notification from the Ministry of Industry and Trade procedures the information provided online is satisfactory, the trader shall submit the application to the licensing agencies as prescribed in Article 8.

...

...

...

Article 12. Submission of automatic import license while following customs procedures

While following import procedures, the trader must submit the automatic import license, which is certified by the Ministry of Industry and Trade, and import documents to the customs authority and comply with current regulations on checkpoint of clearance, policies on imported goods, goods subject to supervision by specialized bodies, and goods subject to conditions.

Article 13. Import of steel products serving production and processing

Importers of steel products serving production and/or processing (including those imported for assembly, repair, whether or not under warranty) may choose between: (i) registering for the automatic import license as prescribed in Article 5 and Article 12; present a written commitment certified by the provincial Department of Industry and Trade where the enterprise is registered together with other import documents to the customs authority while following import procedures, and do not apply for the automatic import license as prescribed in Article 5 and Article 12.

Contents of the commitment:

1. Certificate of Business Registration or Certificate of Business registration or certificate of investment.

2. Production lines, equipment suitable for manufacture, processing of imported materials.

3. Imported steel products may only be used for production and/or processing, not for sale. The import quantity must be suitable for the capacity of the production lines over a certain period of time as declared by the enterprise.

4. Production and processing do not include simple works such as bending, cutting, grinding, rolling, or other simple processing works.

...

...

...

The commitment is valid for 06 months from the day on which it is verified by the Department of Industry and Trade.

Chapter III

IMPLEMENTATION

Article 14. Effect

This Circular comes into force from July 26, 2015.

Article 15. Responsibility for implementation

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.

...

...

...

APPENDIX 01

LIST OF STEEL PRODUCTS ELIGIBLE FOR ISSUANCE OF AUTOMATIC IMPORT LICENSES
(enclosed with Circular No. 12/2015/TT-BCT dated June 12, 2015 on issuance of automatic import licenses on some steel products)

Code

Description

Chapter 72 - Iron and steel

...

...

...

Semi-finished products of iron or non-alloy steel.

- Containing by weight less than 0.25% of carbon:

7207

11

...

...

...

- - Of rectangular (including square) cross-section, the width measuring less than twice the thickness

7207

12

- - Other, of rectangular (other than square) cross-section:

7207

12

10

- - - Slabs

...

...

...

12

90

- - - Other

7207

19

00

- - Other

7207

20

...

...

...

- Containing by weight 0.25% or more of carbon:

- - Containing by weight less than 0.6% of carbon:

7207

20

10

- - - Slabs

...

...

...

- - - Other:

7207

20

21

- - - - Blocks roughly shaped by forging; sheet bars

7207

20

...

...

...

- - - - Other

- - Other:

7207

20

91

- - - Slabs

...

...

...

- - - Other:

7207

20

92

- - - - Blocks roughly shaped by forging; sheet bars

7207

20

...

...

...

- - - - Other

7209

Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated.

- In coils, not further worked than cold-rolled (cold-reduced):

...

...

...

15

00

- - Of a thickness of 3 mm or more:

7209

16

00

- - Of a thickness exceeding 1 mm but less than 3 mm

7209

17

...

...

...

- - Of a thickness of 0.5 mm or more but not exceeding 1 mm

7209

18

- - Of a thickness of less than 0.5 mm:

- - - Other

...

...

...

18

91

- - - - Containing by weight less than 0.6% of carbon and of a thickness of 0.17 mm or less

7209

18

99

- - - - Other

...

...

...

- In coils, not further worked than cold-rolled (cold-reduced):

7209

25

00

- - Of a thickness of 3 mm or more:

7209

26

00

- - Of a thickness exceeding 1 mm but less than 3 mm

...

...

...

27

00

- - Of a thickness of 0.5 mm or more but not exceeding 1 mm

7209

28

- - - Of a thickness of less than 0.5 mm:

7209

28

...

...

...

- - - Containing by weight less than 0.6% of carbon and of a thickness of 0.17 mm or less

7209

28

90

- - - Other

7209

90

- Other:

...

...

...

90

10

- - Corrugated

7209

90

90

- - Other

7210

...

...

...

Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated.

- Plated or coated with tin:

7210

11

- - Of a thickness of 0.5 mm or more:

...

...

...

11

10

- - - Containing by weight 0.6 % or more of carbon

7210

11

90

- - - Other

7210

12

...

...

...

- - Of a thickness of less than 0.5 mm:

7210

12

10

- - - Containing by weight 0.6 % or more of carbon

7210

12

90

- - - Other

...

...

...

- Otherwise plated or coated with zinc:

7210

41

- - Corrugated:

...

...

...

- - - Containing by weight less than 0.6% of carbon

7210

41

11

- - - Of a thickness not exceeding 1.2 mm

7210

41

12

- - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm

...

...

...

41

19

- - - - Other

7210

41

91

- - - - Of a thickness not exceeding 1.2 mm

7210

41

...

...

...

- - - - Other

7210

49

- - Other:

- - - Containing by weight less than 0.6% of carbon

...

...

...

49

11

- - - - Coated with zinc by the iron-zinc alloyed coating method, containing by weight less than 0.04% of carbon and of a thickness not exceeding 1.2 mm

7210

49

12

- - - - Other, of a thickness of 1.2 mm or less

7210

49

...

...

...

- - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm

7210

49

19

- - - - Other

- - - Other

...

...

...

49

91

- - - - Of a thickness not exceeding 1.2 mm

7210

49

99

- - - - Other

7210

61

...

...

...

- - Plated or coated with aluminium-zinc alloys:

- - - Containing by weight less than 0.6% of carbon:

7210

61

11

- - - - Other, of a thickness of 1.2 mm or less

...

...

...

61

12

- - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm

7210

61

19

- - - - Other

...

...

...

- - Other

7210

61

91

- - - - Of a thickness not exceeding 1.2 mm

7210

61

99

- - - - Other

...

...

...

69

- - Other:

- - - Containing by weight less than 0.6% of carbon:

7210

69

...

...

...

- - - - Of a thickness not exceeding 1.2 mm

7210

69

12

- - - - Of a thickness exceeding 1.2 mm but not exceeding 1.5 mm

7210

69

19

- - - - Other

...

...

...

- - - Other

7210

69

91

- - - - Of a thickness not exceeding 1.2 mm

7210

69

...

...

...

- - - - Other

7211

Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, not clad, plated or coated.

- Not further worked than hot-rolled:

...

...

...

13

- - Rolled on four faces or in a closed box pass, of a width exceeding 150 mm and a thickness of not less than 4 mm, not in coils and without patterns in relief:

7211

13

10

- - - Hoop and strip, of a width exceeding 150 mm but not exceeding 400 mm

7211

13

...

...

...

- - - Other

7211

14

- - Other, of a thickness of 4.75 mm or more:

- - - Of a thickness of 4.75 mm or more but not exceeding 10 mm:

...

...

...

14

11

- - - - Hoop and strip, of a width not exceeding 400 mm

7211

14

12

- - - - Corrugated, containing by weight less than 0.6% of carbon

7211

14

...

...

...

- - - - Other

- - - Of a thickness exceeding 10 mm:

7211

14

21

- - - - Hoop and strip, of a width not exceeding 400 mm

...

...

...

14

22

- - - - Corrugated, containing by weight less than 0.6% of carbon

7211

14

29

- - - - Other

7211

19

...

...

...

- - Other:

- - - Of a thickness of 2 mm or more but less than 4.75 mm:

7211

19

11

- - - - Hoop and strip, of a width not exceeding 400 mm

...

...

...

19

12

- - - - Corrugated, containing by weight less than 0.6% of carbon

7211

19

19

- - - - Other

...

...

...

- - - Of a thickness of less than 2 mm:

7211

19

21

- - - - Hoop and strip, of a width not exceeding 400 mm

7211

19

22

- - - - Corrugated, containing by weight less than 0.6% of carbon

...

...

...

19

23

- - - - Other, of a thickness of 0.17 mm or less

7211

19

29

- - - - Other

...

...

...

- Not further worked than cold-rolled (cold-reduced):

7211

23

- - Containing by weight less than 0.25% of carbon:

7211

23

10

- - - Corrugated

...

...

...

23

20

- - - Hoop and strip, of a width not exceeding 400 mm

7211

23

30

- - - Other, of a thickness of 0.17 mm or less

7211

23

...

...

...

- - - Other

7211

29

- - Other:

7211

29

10

- - - Corrugated

...

...

...

29

20

- - - Hoop and strip, of a width not exceeding 400 mm

7211

29

30

- - - Other, of a thickness of 0.17 mm or less

7211

29

...

...

...

- - - Other

7211

90

- - Other:

7211

90

10

- - Hoop and strip, of a width not exceeding 400 mm

...

...

...

90

30

- - - Other, of a thickness of 0.17 mm or less

7211

90

90

- - - Other

7212

...

...

...

Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, clad, plated or coated.

7212

30

- Otherwise plated or coated with zinc:

7212

30

10

- - Hoop and strip, of a width not exceeding 400 mm

...

...

...

30

20

- - Other, containing by weight less than 0.6% of carbon and of a thickness of 1.5 mm or less

7213

Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel.

7213

91

...

...

...

- - Of circular cross-section measuring less than 14 mm in diameter:

7213

91

20

- - - Of a kind used for concrete reinforcement (rebars)

7213

99

- - Other:

...

...

...

99

20

- - - Of a kind used for concrete reinforcement (rebars)

7214

Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extructed, but including those twisted after rolling.

7214

20

...

...

...

- Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling:

7214

20

31

- - - - Of a kind used for concrete reinforcement (rebars)

7214

20

41

- - - - Of a kind used for concrete reinforcement (rebars)

...

...

...

20

51

- - - - Of a kind used for concrete reinforcement (rebars)

7214

20

61

- - - - Of a kind used for concrete reinforcement (rebars)

7215

...

...

...

Other bars and rods of iron or non-alloy steel.

7215

50

- Other, not further worked than cold-formed or cold-finished:

7215

50

91

- - - Of a kind used for concrete reinforcement (rebars)

...

...

...

90

- Other:

7215

90

10

- - Of a kind used for concrete reinforcement (rebars)

7219

...

...

...

Flat-rolled products of stainless steel, of a width of 600 mm or more.

7219

33

00

- - Of a thickness of 1 mm or more but less than 3 mm

7219

34

00

- - Of a thickness of 0.5 mm or more but not exceeding 1 mm

...

...

...

35

00

- - Of a thickness of less than 0.5 mm

7220

Flat-rolled products of stainless steel, of a width of less than 600 mm.

7220

20

...

...

...

- Not further worked than hot-rolled:

7220

20

10

- - Hoop and strip, of a width not exceeding 400 mm

7220

20

90

- - Other

...

...

...

Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel.

7224

10

00

- Ingots and other primary forms

7224

90

...

...

...

- Other

7227

Bars and rods, hot-rolled, in irregularly wound coils, of other alloy steel.

7227

10

00

- Of high speed steel

...

...

...

20

00

- Of silico-manganese steel

7227

90

00

- Other

7228

...

...

...

Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel.

7228

10

- Bars and rods, of high speed steel:

7228

10

10

- - Of circular cross-section

...

...

...

10

90

- - Other

7228

20

- Bars and rods, of silico-manganese steel:

...

...

...

- - Of circular cross-section:

7228

20

11

- - - Not further worked than hot-rolled, hot-drawn or extruded

7228

20

19

- - - Other

...

...

...

- - Other:

7228

20

91

- - - Not further worked than hot-rolled, hot-drawn or extruded

7228

20

...

...

...

- - - Other

7228

30

- Other bars and rods, not further worked than hot-rolled, hot-drawn or extruded:

7228

30

10

- - Of circular cross-section

...

...

...

30

90

- - Other

7228

40

- Other bars and rods, not further worked than forged:

7228

40

...

...

...

- - Of circular cross-section

7228

40

90

- - Other

7228

50

- Other bars and rods, not further worked than cold-formed or cold-finished:

...

...

...

50

10

- - Of circular cross-section

7228

50

90

- - Other

7228

60

...

...

...

- Other bars and rods:

7228

60

10

- - Of circular cross-section

7228

60

90

- - Other

...

...

...

70

- Angles, shapes and sections:

7228

70

10

- - Not further worked than hot-rolled, hot-drawn or extruded

7228

70

...

...

...

- - Other

7228

80

- Hollow drill bars and rods:

- - Containing by weight 0.6% or more of carbon:

...

...

...

80

11

- - - Of circular cross-section

7228

80

19

- - - Other

7228

80

...

...

...

- - Other

7229

Wire of other alloy steel.

7229

20

00

- Of silico-manganese steel

...

...

...

90

- Other:

7229

90

10

- - Of high speed steel

7229

90

...

...

...

- - Other

Chapter 73 - Articles of iron or steel

7306

Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel.

...

...

...

30

- Other, welded, of circular cross-section, of iron or non-alloy steel:

7306

30

10

- - Boiler tubes

7306

30

...

...

...

- - Copper-plated, fluororesin-coated or zinc-chromated steel tubes with an external diameter not exceeding 15 mm

7306

30

30

- - Pipe of a kind used to make sheath pipe (heater pipe) for heating elements of electric flat irons or rice cookers, with an external diameter not exceeding 12 mm

7306

30

40

- - High-pressure pipe

...

...

...

30

90

- - Other

7306

90

- Other

7306

90

...

...

...

- - Copper brazed pipes and tubes

7306

90

90

- - Other