VCN- ATA carnet is a customs document for temporary admission of goods and is accepted to replace customs declaration form and ensure payment of import tax, other taxes, late payment interest, fines, fees and charges for temporarily admitted goods.
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This content that is specified in Decree 64/2020/ND-CP guiding the implementation of the mechanism of temporary admission of goods under the Istanbul Conventionwasrecently issued by the Government.
According to the decree, the agency issuing ATA carnet is the the Vietnam Chamber of Commerce and Industry (VCCI).
Temporary admission of goods is a regime of management for goods temporarily imported for re-export and or goods temporarily exported for re-import into a country or territory that is a member of the ATA Convention (1961) and Istanbul Convention (1990) of the World Customs Organization on the temporary admission of goods.
ATA carnet is a customs document for temporary admission of goods and is accepted to replace customs declaration form and ensure payment of import tax, other taxes, late payment interest, fines, fees and charges (if any) for temporarily admitted goods under the provisions of this decree.
The guarantee is an amount or guarantee letter issued by a credit institution orforeign bank branch that is submitted to the VCCI for temporarily exported goods to fulfill the obligations of import tax, other taxes, late payment interest, fines, fees and charges (if any) in the country participating in goods temporary admission.
The guarantee agency is the agency issuing the ATA carnet and paying import tax, other taxes, late payment interest, fines, fees and charges incurred during the temporary admission of goods in accordance with provisions in this decree, based on the value of the guarantee.
Customs declarants for temporarily admitted goods are owners of ATA carnets or customs brokers or units organizing events as specified in this Decree that are authorized by owners of ATA carnet. If the owners of ATA carnet are foreign organizations or individuals who are not present in Vietnam, customs declarants shall be customs brokers or units organizing events authorized by the ATA carnet owners.
Decree 64/2020/ND-CP also guides customs procedures, inspection, supervision, procedures for granting and refunding the ATA carnet, ensuring import tax, other taxes, late payment interest, fines, fees and charges for temporarily admitted goods under the Istanbul Convention.
Accordingly, the decree stipulates temporarily admitted goods includes: 1- goods used at events is specified in Clause 7, Article 3 of this Decree; 2- Goods used at the event including: Goods for the purpose of introducing foreign machines or display equipment, construction and decoration materials, including electrical equipment for booths, stalls; advertising and display materials to introduce goods; 3- Equipment including interpreting equipment, audio and visual recording equipment, educational, scientific and cultural films used at the event.
According to the decree, during the time of participating in events, the temporarily admitted goods shall not be used for other purposes. When ending the event, the temporarily admitted goods must be re-exported or re-imported or procedures becarried out for domestic consumption, changing use purpose.
The temporarily admitted goods are only permitted to be used at events in Vietnam after completing the temporary import procedures as prescribed in Article 15 of this decree.
For temporary admission of goods, Decree 64/2020/ND-CP provides as follows: 1- Temporarily admitted goods must comply with management policies for goods temporarily imported for re-export and temporarily exported for re-import; 2- Temporarily admitted goods must be consistent with the purpose of organising and participating in events specified in Clause 7, Article 3 of this decree and shall be identified by serial numbers or specific characteristics orsigns; 3- The customs declarant uses avalid ATA carnet according to the form provided in Appendix I enclosed with this decree and is granted by the ATA issuing authority to carry out customs procedures.
The Decree stipulates that the time limit for temporary import for re-export of temporarily admitted goods is within 12 months from the date of completing temporary import procedures and within the validity of ATA carnet (including the validity of replaced ATA carnet).
The time limit for temporary export for re-import of temporarily admitted goods is 12 months from completing temporary export procedures and within the validity of the ATA carnet (including the validity of replaced ATA carnet).
If goods cannot be re-exported from the country of destination before the expiry date specified in Clause 2 of this article, the customs declarant shall apply for issuing a replaced ATA carnet as prescribed in Article 9 of this decree for extension of time limit for temporary export and re-import at the customs office where temporary export procedures are carried out.
If goods cannot be re-exported within the time limit due to temporary admission under a decision of a competent agency, the owners of the ATA carnet shall not be fined for administrative violation beyond the temporary import time limit but not re-export.
By Ngoc Linh/Ngoc Loan