Proposal to regulate the import and temporary import of cars as gifts, presents, and movable assets

The Ministry of Industry and Trade said that currently, a number of Decisions of the Prime Minister are adjusting the field of automobile management such as Decision No. 53/2013/QD-TTg dated September 13, 2013 on temporary import, re-export, destruction, and transfer of automobiles and motorbikes of subjects enjoying preferential and immunities in Vietnam; Decision No. 14/2021/QD-TTg dated March 26, 2021 amending and supplementing a number of articles of Decision No. 53/2013/QD-TTg.

Imported cars (for commercial or non-commercial purposes) all participate in traffic and need to be warranted and maintained according to the manufacturer's standards at warranty and maintenance facilities in Vietnam, meeting Vietnam's regulations on technical safety and environmental protection.

Car imports are currently carried out in accordance with the provisions of Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government stipulating the conditions for production, assembly, import and business of car warranty and maintenance services. Clause 2, Article 2 of Decree No. 116/2017/ND-CP stipulates:

"The business conditions prescribed in this Decree do not apply to organizations and individuals engaged in the production, assembly and import of the following types of automobiles: …

b) Imported cars:

- Serve national defense and security purposes according to plans approved by the Prime Minister;

- According to the form of temporary import of subjects enjoying preferential rights and exemptions, it is implemented according to separate regulations of the Government and the Prime Minister;

- Belonging to the category of gifts, presents, movable assets; foreign aid goods; serving scientific research work;

- Serve specific purposes as decided by the Prime Minister;

- In the form of temporary import for re-export, temporary export for re-import; transit; bonded warehouse; transit;

- Do not use public transport, only operate within a limited area;

- Special-purpose vehicles, special-purpose passenger vehicles and special-purpose cargo vehicles as defined in TCVN 6211: Road vehicles - Types - Terms and definitions; TCVN 7271: Road vehicles - Automobiles - Classification according to purpose of use. "

Thus, enterprises that do not meet the conditions specified in Decree 116/2017/ND-CP can import goods that need import management for business purposes, thereby nullifying the automobile import management measures in this Decree.

According to the Ministry of Industry and Trade, non-commercial imported cars mainly focus on cars imported as gifts. Import licensing helps customs agencies monitor and manage the import of cars by each enterprise as gifts.

Restricting the number of imported cars in the form of gifts and organizations and individuals importing cars as movable assets into Vietnam needs to be strictly managed to avoid taking advantage of organizations and individuals moving their workplaces, working places, studying places, etc. to Vietnam to bring movable assets for business purposes.

The regulation of management measures for imported automobiles not for commercial purposes aims to limit the sudden increase in the number of imported automobiles in the context that this is a commodity that is not encouraged to be imported and to limit fraud and evasion of the provisions of Decree No. 116/2017/ND-CP to import automobiles for business purposes. The import management policy needs to be applied consistently and consistently in terms of automobile management, regardless of the form of commercial or non-commercial import.

According to the Ministry of Industry and Trade, the issuance of a Decision regulating the import and temporary import of automobiles as gifts, presents, and movable assets is a suitable and necessary solution.

Scope of adjustment

The draft proposes regulations on conditions for importing non-commercial cars (including cars as gifts, presents, and movable assets) that participate in public transport.

Import conditions do not apply to: Imported or temporarily imported automobiles for non-commercial purposes for scientific research, product development research, repair, warranty, maintenance, vehicles used internally by relevant agencies and organizations; imported automobiles as samples, not used in traffic.

General regulations on import and temporary import of cars as gifts, presents, and movable assets

According to the draft, imported cars for non-commercial purposes must be of the type, brand, and manufacturer that is granted a car import business license according to the provisions of Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government stipulating the conditions for production, assembly, import, and business of car warranty and maintenance services.

Automobiles imported for non-commercial purposes must be imported through a contact point that is an enterprise granted a Business License to Import Automobiles as prescribed in Decree No. 116/2017/ND-CP. Organizations and individuals importing automobiles as gifts, presents, or movable assets must entrust an enterprise granted a Business License to Import Automobiles as prescribed in Decree No. 116/2017/ND-CP to carry out the import.

In case of importing or temporarily importing used cars, the provisions of law on foreign trade management must be complied with.

The Ministry of Industry and Trade said that this management measure is effective in limiting the import and temporary import of used cars to ensure technical safety, environmental protection and traffic safety. Imported and temporarily imported cars (regardless of commercial or non-commercial purposes) must be warranted and maintained according to the manufacturer's standards at warranty and maintenance facilities in Vietnam, meeting Vietnam's regulations on technical safety and environmental protection. In addition, organizations and individuals importing and temporarily importing cars as gifts, presents, and movable assets through authorization to enterprises that have been granted a license to import cars under Decree No. 116/2017/ND-CP will be implemented quickly and transparently because licensed enterprises are familiar with the procedures for importing and temporarily importing.

To ensure effective management and consistency in automobile policies between import and temporary import management measures, the Ministry of Industry and Trade proposes to apply regulations on non-commercial import and temporary import of automobiles similar to those stipulated in Decree No. 116/2017/ND-CP. At the same time, the Ministry of Industry and Trade proposes that the import and temporary import of automobiles as gifts, presents, and movable assets must only be carried out through traders granted automobile import licenses under Decree No. 116/2017/ND-CP. Automobiles temporarily imported as movable assets must comply with the provisions of law on foreign trade management.

To ensure effective management, consistency in automobile policies as well as to ensure the promotion of the development of the domestic automobile manufacturing industry, the import and temporary import of automobiles in the form of gifts, presents, and movable assets is carried out through automobile import enterprises that have been granted import licenses according to the provisions of Decree No. 116/2017/ND-CP. Therefore, the import and temporary import of automobiles in the form of gifts, presents, and movable assets is not decentralized or delegated.

Non-commercial car import documents

According to the draft, in addition to the import dossier as prescribed by the Customs Law, the importing enterprise must supplement the following documents: 1- Papers and documents proving that the imported automobile is a gift, present, or movable asset; 2- Documents from the organization or individual authorizing the import for the importing enterprise.

The Ministry of Industry and Trade said that the above regulations are to serve customs agencies in the customs clearance process to determine the purpose of import and temporary import of cars as well as the businesses that are entitled to import; not only does not limit the import rights and import quantity of businesses, but also contributes to improving the efficiency and effectiveness in state management and statistics on the number of non-commercial imported cars.

The Ministry of Industry and Trade is soliciting comments on this draft on the Ministry's Electronic Information Portal.

Wisdom

Source: https://baochinhphu.vn/de-xuat-quy-dinh-viec-nhap-khau-tam-nhap-o-to-theo-hinh-thuc-qua-bieu-tang-tai-san-di-chuyen-102250811174337322.htm