Answer: Pursuant to Clause 6, Article 55 of Circular No. 194/2010/TT-BTC dated December 6, 2010 of the Ministry of Finance, effective from January 20, 2011 on guidelines for customs procedures; customs inspection and supervision; export duty, import duty and tax management for exported and imported goods, the customs procedures for transfer of ownership of goods in bonded warehouses are as follows:
"6. Customs management of transfer of ownership of goods in bonded warehouses
a) The transfer of ownership of goods stored in bonded warehouses shall be carried out by the goods owner when there is an act of purchase and sale of goods as prescribed in Clause 8, Article 3 of the Commercial Law.
b) After the transfer of ownership of goods, the goods owner (former owner) or the bonded warehouse operator (if authorized) shall submit to the Customs Sub-department managing the bonded warehouse the following documents:
b.1) Written notice of the transfer of ownership of goods stored in the bonded warehouse from the former goods owner to the new goods owner (the notice must contain the following main contents: name and address of the person transferring ownership of goods; name and address of the person receiving ownership of goods; name and quantity of goods for which ownership is transferred; number and date of the declaration of import into and export from the bonded warehouse; date of transfer of ownership);
b.2) Sales contract for goods between the new goods owner and the former goods owner of the consignment stored in the bonded warehouse;
b.3) Bonded warehouse lease contract of the new goods owner.
The Customs Sub-department managing the bonded warehouse shall retain the above documents together with the dossier of import into the bonded warehouse of the consignment for monitoring and settlement of goods imported into and exported from the bonded warehouse.
c) The time limit for goods stored in the bonded warehouse shall be calculated from the date the goods are brought into the bonded warehouse according to the warehouse lease contract signed between the bonded warehouse operator and the former goods owner.
In case a domestic enterprise purchases goods from a foreign company and continues to store the goods in a bonded warehouse, the procedure for transfer of ownership in the bonded warehouse must be completed and the domestic enterprise must submit the documents as prescribed at Point b, Clause 6, Article 55 of Circular 194/2010/TT-BTC dated December 6, 2010 of the Ministry of Finance. In case of transfer of ownership, taxes incurred are not yet paid. When the domestic enterprise proceeds to carry out procedures to import the goods into the domestic market or export them for sale to a foreign country, it must declare and pay taxes as prescribed.
In case the domestic enterprise does not continue to store the goods in the bonded warehouse but immediately delivers the goods to another domestic partner or exports them, the domestic enterprise does not have to sign a bonded warehouse lease contract. Customs procedures shall be carried out in accordance with the provisions of Clause 4, Article 55 of Circular 194/2010/TT-BTC dated December 6, 2010 of the Ministry of Finance and export duty, import duty, VAT and other taxes must be paid as prescribed. (source: haiquandongnai website)