MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Number: 215/2010/TTBTC
Hanoi, December 29, 2010
CIRCULAR
On amending and suplementing some contents at the point 1, item II of
the Circular 16/2008/TT-BTC dated February 13, 2009 of the Ministry
of Finance guiding the import, temporary import of motorcycle not for
trading purpose
Pursuant to the Law of Customs No.29/2001/QH10 dated June 29 , 2001
and Law No.42/2005/QH11 dated June 14 , 2005 amending and
supplementing a number of articles of the Law of
Customs;
Pursuant to the Law on Export and Import Taxes No.45/2005/QH11 dated
June 14 , 2005;
Pursuant to Decree No. 154/2005/ND-CP dated December 15, 2005 of the
Government detailing a number of articles of the Law of Customs
regarding
customs
procedures,
inspection
and
supervision;
Pursuant to Decree No. 149/2005/ND-CP dated December 8 , 2005 of the
Government detailing the implementation of the Law on Export and Import
Taxes;
Pursuant to Decree No. 12/2006/ND-CP dated January 23 , 2006 of the
Government detailing the implementation of the Law of Comme regarding
international goods sale and purchase agency operations, selling, and
transit of goods with foreign countries;
Pursuant to Decree No.73-CP of the Government dated July 30 , 1994
detailing the implementation of the Ordinance on the privileges and
immunities for diplomatic representations, consulates and representative
offices of international organizations in Vietnam;
Pursuant to the Decision 210/1999/QD-TTg dated December 27, 1999 of
the Prime Minister on a number of policy towards Vietnamese in foreign
countries;
Pursuant to the Decision 119/2009/QD-TTg dated December 1 , 1999 of
the Prime Minister promulgating the Regulation on foreign experts
implementing ODA programs and projects;
Pursuant to Decree No. 118/2008/ND-CP dated November 27 , 2008 of
the Government on the functions, tasks, powers and organizational
structure of the Ministry of Finance;
Implementing recommendations of the working group in charge of Project
30 on administrative reform of the Prime Minister, the Ministry of Finance
amending and supplementing a number of provisions in point 1 of Section
II of Circular No. 16/2008 / TT-BTC dated February 13, 2008 of the
Ministry of Finance on guiding the import, temporary import of two-wheel
motorcycle for non-commercial purposes as follows:
Article 1. Point 1, Section II of the Circular No.16/2008/TT-BTC is
amended and supplemented as follows:
1. About Customs records:
1.1. Customs declaration for export / import of non-trade: 02 originals.
1.2. Bill of lading: 02 copies.
1.3. A written request for import, temporary import of two-wheel
motorcycle, the proposed function of the object receiving prior right for
non-diplomatic as provisions of Decree No.73-CP of the Government dated
July 30, 2004 , written confirmation of the Vietnam State agencies defined
in the Decision No.210/1999/QD-TTg dated October 27 , 1999 of the
Prime Minister on a number of policy towards Vietnamese in foreign
countries; written confirmation identifying ODA experts is specified
Decision No.119/2009/QD-TTg dated October 1 2009 of the Prime
Minister promulgating the Regulation on foreign experts implementing
programs ODA, other documents (if any) relating to the import, temporary
import objects or relating to the ownership of the two-wheeled motorcycle
importers, temporary imports specified in the text current legal: 01 original.
1.4. Particularly in the subjects mentioned 2.2c, 2.2.d, Section I of the
Circular dated 13/02/2008 16/2008/TT-BTC of the Ministry of Finance, if
importing two-wheeled motorcycle used to have to add the following
documents:
- Written request for import of two-wheel motorcycle, certified residential
address of the local government (2.2c objects mentioned in the Section I
16/2008/TT-BTC Circular No. 13 / 02/2008 of the Ministry of Finance) or
expiration certification for work , expert of ownership agency (object of
2.2d subject mentioned in Section I of Circular No. 16/2008/TT- dated
February 13 , 2008 of the Ministry of Finance): 01 originals;
- The decision of the state agency assigned to work, work overseas as
experts (object of 2.2.d, item I of Circular No. 16/2008/TT-BTC dated
February 13 , 2008 of Ministry of Finance): 01 from the original copy, the
original customs officers to check and compare;
- Vietnamese Passport or passport replacing documents valid Vietnam
(objects of 2.2c mentioned in the Section I 16/2008/TT-BTC Circular dated
February 13, 2008 of the Ministry of Finance and accordance with Circular
06/2007/TT-BCA-C11dated July 1 , 2007 of Ministry of Public Security
guiding a number of articles of the Law on Residence) stamped to verify
the immigration control authorities at the border (in case the police did not
grant informed decision or repatriation as Law of Residence ): 01 from the
original copy, giving the original one to the original customs officers to
inspect and compare ;
- Passport:1 copy from the original , the original one for customs officers
to check and compare;
- Household Registration Book issued by the Public Security of Vietnam:
01 from the original copy, the original one for customs officers to check
and compare;
-Certification paper permitted to have a permanent residence or forever
residence by the competent authority of the residence country (2.2c
objects of 2.2c mentioned in the Section I of Circular No. 16/2008/TTdated February 13, 2008 of the Ministry of Finance) and Certification paper
of ownership for two-wheeled motorcycle like vehicle registration
certificate or certification of registration revoked by the authority agency of
the host country, driver's license (according to local regulations - if any):
+ If the above documents use Vietnamese , English, submit 01 photocopy
of the original , the original customs officers keep to check and compare;
+ If the above documents do not use the Vietnamese , English, submit 01
photocopy of the original, 01 Vietnamese translation certified by the
competent authority as prescribed in Clause 1, Article 5 of Decree No.
79/2007/ND-CP dated May 18, 2007 of the Government on the issue of
copies from original , authentication of copies from originals and
authentication of signatures.
Upon receiving customs procedure, after customs officers inspect and
compare the contents of the original with the copy , the official take
responsible for content validation check, compare the copy from originals
".
Article 2. Entry into force:
1. This Circular takes effect 45 days after its signing.
2. General Director of the Bureau of Customs direct Customs Departments
of provinces and cities taking responsible for the management, monitoring
and implementation of the provisions of this Circular. /.
FOR MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan