| THE MINISTRY OF INDUSTRY AND TRADE ------- No. 28/2012/TT-BCT | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------- Hanoi, September 27, 2012 |
CIRCULAR
DETAILING REGISTRATION OF IMPORT AND EXPORT RIGHTS OF FOREIGN BUSINESS ENTITIES WITHOUT A PRESENCE IN VIETNAM
Pursuant to the Government’s Decree No.189/2007/ND-CP, of December 27, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade and the Government’s Decree No.44/2011/ND-CP, of June 14, 2011 amending and supplementing Article 3 of Decree No.189/2007/ND-CP;
Pursuant to the Government’s Decree No.90/2007/ND-CP, of May 31, 2007 providing import and export rights of foreign business entities without a presence in Vietnam;
Pursuant to the Government’s Decree No.23/2007/ND-CP, of February 12, 2007, detailing the Commercial law regarding goods purchase and sale activities or goods purchase and sale related activities of foreign-invested enterprises in Vietnam;
Pursuant to the Government’s Decree No.12/2006/ND-CP, of January 23, 2006, detailing implementation of the commercial law with respect to international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties;
The Minister of the Ministry of Industry and Trade promulgates Circular detailing registration of import and export rights of foreign business entities without a presence in Vietnam as follows:
Chapter 1
GENERAL PROVISION
Article 1. Scope of regulation and Subjects of application
1. This Circular provides grant, re-grant, amendment and supplement, extension, withdrawal of certificate on registration of import and export rights of foreign business entities without a presence in Vietnam.
2. This Circular applies to foreign traders in countries, territorial regions which are members of the International Trade World WTO and countries, territorial regions which have bilateral agreements with Vietnam about import and export rights and other organizations, individuals relating to import and export of foreign business entities without a presence in Vietnam.
3. This Circular shall not adjust business operation at border markets, border-gate markets, markets in border-gate economic area of trader of countries with common border line.
Article 2. Performance of export rights
1. The foreign business entities without a presence in Vietnam (hereinafter referred to as trader without a presence) being granted certificate on registration of import and export rights shall perform export rights as follows:
a) To export goods items not on list of goods banned from export, list of goods temporarily suspended for export, list of goods having no right to export according to international commitments. For goods the export of which is conditional, they must satisfy conditions as prescribed by law;
b) For export goods on list of goods exported pursuant to the schedule in international commitments, performance complies with the committed schedule;
c) To directly perform export procedures for goods at customs agencies as prescribed by law on the basic of contract purchasing goods signed with Vietnamese trader;
