Trading in temporary import and re-export of frozen foods brings many significant benefits to businesses. Not only that, but compliance with regulations on business conditions, as well as commodity management, quality control, and food safety, also helps businesses maintain their reputation and meet the requirements of the international market. In the following article, let’s learn with Long Phan about the business conditions for the temporary import and re-export of frozen foods.
Conditions for temporary import and re-export of frozen foods
Types of goods banned from temporary import and re-export business
Pursuant to Clause 1, Article 40 of the Law on Foreign Trade Management 2017, Clause 1, Article 12 of Decree 69/2018/ND-CP, types of goods banned from temporary import and re-export include:
Goods are hazardous waste, scrap, and waste;
Goods banned from temporary import, re-export, and border-gate transfer according to international treaties to which the Socialist Republic of Vietnam is a member;
The goods are used consumer goods with a risk of commercial fraud;
Goods have a high risk of causing environmental pollution, epidemics, and affecting human health and life.
Specific types of goods will be specified in Appendix VI issued with Decree No. 69/2018/ND-CP. Specifically includes:
Chemicals: Items on the List of Schedule 1 and Schedule 2 chemicals according to Decree No. 38/2014/ND-CP.
Plastic scraps, waste and scraps.
Refrigerators, freezers and other refrigeration equipment (electric or non-electric).
Heat pumps (except air conditioners of heading 84.15).
Used parts and accessories (except covers and carrying cases) are for use only with machines of headings 84.70 to 84.72.
Electric batteries, including partitions (whether or not rectangular).
Lead-acid batteries, are used to start piston engines (used).
Other lead-acid batteries (used).
Frozen foods are not on the list of goods banned from temporary import and re-export business
Conditions that must be met when trading in temporary import and re-export of frozen foods
Pursuant to Article 23 of Decree 69/2018/ND-CP, when trading in temporary import and re-export of frozen food, the following conditions should be noted:
Escrow: Enterprises need to have a deposit amount of 10 billion VND, paid at a credit institution in the province or city where the warehouse or yard is located.
Warehouses and yards:
Area and capacity: Warehouses and yards must have a minimum capacity of 100 40-foot refrigerated containers and a minimum area of 1,500 m². Warehouses and yards need to be separated by a solid fence of at least 2.5 m high, with access roads for container trucks and business signs.
Power source: There must be sufficient power sources (including mains power and backup generators) and specialized equipment to operate refrigerated containers.
Ownership: Warehouses and yards must be owned by the enterprise or rented, located in an area planned for temporary import and re-export of frozen food or an area prescribed by the People’s Committee of the border province.
Business registration procedures for temporary import and re-export of frozen foods
Prepared documents
Pursuant to Clause 1, Article 27 of Decree 69/2018/ND-CP, Article 6, Clause 1 and Clause 2, Article 7, Circular 12/2018/TT-BCT, dossier for registration of temporary import and re-export of real goods Frozen products include:
Documents proving that the enterprise owns a warehouse or yard or a contract to rent a warehouse or yard to serve the business of temporary import and re-export of frozen foods according to regulations: 1 copy with the enterprise’s stamp.
Document from the electricity agency where the enterprise has a warehouse or yard certifying that the warehouse or yard has enough grid power to operate refrigerated containers according to capacity: 1 original copy.
Business registration certificate is a necessary document in the application
Jurisdiction to resolve
According to the provisions of Clause 2, Article 27 of Decree 69/2018/ND-CP, the competent agency to handle business registration documents for temporary import and re-export of frozen food is the Ministry of Industry and Trade.
Implementation steps
Regarding the steps to carry out business registration procedures for temporary import and re-export of frozen foods, based on Clauses 2 and 3, Article 27 of Decree 69/2018/ND-CP, businesses will go through the following steps:
Step 1: Enterprises send 1 set of documents to request a temporary import and re-export business code directly or by post or online (if applicable) to the Ministry of Industry and Trade.
Step 2: Review profile:
In case the dossier is not complete and in accordance with regulations, within 3 working days from the date of receiving the enterprise’s dossier, the Ministry of Industry and Trade shall send a document requesting the enterprise to complete the dossier.
Step 3: Document processing
Within 7 working days of receiving complete and valid documents, the Ministry of Industry and Trade will check or authorize the Department of Industry and Trade in the province where the enterprise has a warehouse or yard to confirm the conditions.
After 7 working days from the warehouse and yard inspection results, the Ministry of Industry and Trade will review and issue a temporary import and re-export business code to the enterprise.
If it is necessary to verify documents in the dossier, the processing time will be calculated from the time the Ministry of Industry and Trade receives feedback from relevant agencies.
In case the Code is not issued, the Ministry of Industry and Trade will notify in writing and clearly state the reason.
Consulting services to carry out business registration procedures for temporary import and re-export of frozen foods
Consulting services to carry out business registration procedures for temporary import and re-export of frozen foods at Long Phan are carried out quickly and effectively. Our services will include:
Consulting on conditions and procedures for temporary import and re-export of frozen foods according to legal regulations.
Instructions for preparing legal documents for temporary import and re-export registration procedures, including documents related to product quality and origin.
Representing you to work with customs authorities and related units to ensure smooth procedures.
Consulting on warehouse management, preservation and transportation of goods during the process of temporary import and re-export.
Supports circulation licenses, food safety certification, ensures quality and safety requirements of frozen foods.
Update changes in tax and customs policies related to temporary import and re-export of goods.
Consulting on solutions to optimize transportation, warehousing and tariff costs for businesses.
Understanding the conditions for implementing business registration procedures for temporary import and re-export of frozen food is a decisive factor in helping businesses operate effectively, and comply with the law. These conditions not only ensure product safety but also build reputation and trust from customers, and partners. If customers still have problems and need support, please contact Long Phan immediately via the hotline 0906735386for detailed advice and dedicated support!
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.