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Circular No. 117/2011/TT-BTC of August 15, 2011, guiding customs procedures for goods processed for foreign traders
11/11/2011
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THE MINISTRY OF FINANCE

 

Circular No. 117/2011/TT-BTC of August 15, 2011, guiding customs procedures for goods processed for foreign traders

 

Pursuant to Customs Law No. 29/2001/QH10 of June 29, 2001, and Law No. 42/2005/QH11 of June 14, 2005, Amending and Supplementing a Number of Articles of the Customs Law;

 

Pursuant to Import Duty and Export Duty Law No. 45/2005/QH11 of June 14, 2005, and Tax Administration Law No. 78/2006/QH11 of November 29, 2006;

 

Pursuant to the Government’s Decree No. 154/2005/ND-CP of December 15, 2005, detailing the implementation of a number of articles of the Customs Law on customs procedures and customs inspection and supervision;

 

Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law’s provisions on international purchase and sale of goods and agency for purchase, sale,

processing and transit of goods with foreign partners;

 

Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Import Duty and Export Duty Law;

 

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

 

In furtherance of the Government’s Resolution No. 25/NQ-CP of June 2, 2010, on simplification of 258 administrative procedures under the management of ministries and sectors, and Resolution No. 68/NQ-CP of December 27, 2010, on simplification of administrative procedures under the management of the Ministry of Finance;

 

The Ministry of Finance guides customs procedures for goods processed for foreign traders as follows:

 

Section 1

 

GENERAL PROVISIONS

Article 1. Interpretation of terms

 

1. Processing raw materials include principal raw materials and auxiliary raw materials:

a/ Principal raw materials are raw materials constituting the principal component of a product.

 

b/ Auxiliary raw materials are raw materials used for the creation of a processed product but not constituting the principal component of the product.

 

2. Processing supplies are products and semi-finished products used in the process of producing a processed product but not directly constituting the product. Processing supplies include also packages or materials for making packages containing processed products.

 

3. Processing scraps are raw materials, supplies, machines and equipment discarded in the process of processing but recovered and used as raw materials for another process of production.

 

4. Processing wastes are raw materials and supplies discarded in the process of processing and unusable.

 

5. Defective processed products are products failing to meet technical standards (specifications, size, quality, etc.) agreed upon in the processing contract/annex and discarded in the process of processing. 6. Processed product norms agreed in a contract include: a/ Raw material use norm, which is the necessary and reasonable amount of raw materials to produce a processed product unit;

 

b/ Supplies consumption norm, which is the amount of supplies consumed in order to produce a processed product unit;

 

c/ Raw material or supplies wastage percentage, which is the amount of raw material or supplies wastage, including natural wastage and wastage due to the creation of processing scraps, defective processed products and processing wastes (excluding scraps and wastes already included in use norms) calculated in a percentage (%) of the raw material use norm or supplies consumption norm.

 

7. Norm of separation of component raw materials from original raw materials is the amount of component raw materials separated from an original raw material;

 

For component raw materials separated from original raw materials, the wastage percentage is the amount of wasted original raw materials calculated in a percentage (%) after going through the stage of separation into component raw ....

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