Temporary import and re-export goods are subject to inspections and supervision from Customs authorities

Customs forces checked import-export goods. Photo: Thái Bình

According to Decree 69/2018/NĐ-CP, Vietnamese traders have a right to operate as a business for temporary imports and re-exports and are not dependent on business registration procedure under the following provisions:

1. Goods subject to conditional import and re-export, traders must satisfy the prescribed conditions.

2. Goods banned from import or export; Goods temporarily suspended from export or temporarily suspended from import; Goods which are not permitted for circulation or use in Vietnam yet; Goods subject to the management of export quotas, import quotas, tariff quotas and export or import permits, except for the case of automatic export or import permits, a trader must be granted business licenses for temporary import and re-export by Ministry of Industry and Trade Dossiers and procedures for licensing are stipulated in Article 19, Article 20 of this Decree.

3. The case that goods do not fall under the provisions of Points 1 and 2 above, the trader shall carry out the procedures for temporary import and re-export at the customs authorities.

The Decree stated clearly that foreign-invested organizations can only temporarily implement import and re-export of goods as stipulated in Article 15 of this Decree. They are not allowed to operate as a business for temporary import and re-export goods.

Temporary import and re-export goods shall be inspected and supervised by the customs authorities from the time of temporarily importing until the goods are re-exported from Vietnam; Not to divide goods into small packages which are transported by container during the course of transportation of goods from the temporary import border gate to the area subject to customs supervision, the re-export place at the border gate, the border opening road in accordance with regulations.

In cases where the transportation requirements need to be changed or divided into small packages for re-export, it shall comply with customs regulations.

Limited time for temporary import and re-export

The Decree stipulates that temporary import and re-export goods shall be kept in Vietnam for no more than 60 days from the date of completion of the temporary importation formalities. In cases where it is necessary to extend the time limit, traders shall send written requests for extension to the Customs Branch which carries out the temporary import procedures; the duration of each extension shall not exceed 30 days and not more than 2 extensions per shipment of temporary import and re-export goods.

When overdue on the above time limit, traders shall have to re-export the goods out of Vietnam or destroy them. In case of importing into Vietnam, traders shall have to abide by the regulations on management of imported goods and tariff.

The Decree specified clearly that the temporary import and re-export business is carried out on the basis of two separate contracts: export contract and import contract signed with the trader of the exporting country and the importing country. Export contracts can be signed before or after the import contract.