| MINISTRY OF INDUSTRY AND TRADE ------- No.: 10240/BCT-KH Concerning the purchase and sale of goods between export processing FDI enterprises and domestic FDI enterprises | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom -Happiness -------------- HaNoi, October 25, 2012 |
To: General Department of Customs
The Ministry of Industry and Trade has received the opinions of some foreign-invested enterprises (FDI enterprises) to reflect problems concerning the purchase and sale of goods between export processing FDI enterprises and domestic FDI enterprises, the Ministry of Industry and Trade hereby expresses its on the relation of purchase and sale of goods as follows:
1. In the official dispatch No. 7483/BCT-XNK dated August 16, 2012, the Ministry of Industry and Trade has exchanged opinions with the General Department of Customs on some contents related to the import and export activities particularly on a number of cases where the export processing FDI enterprises have been granted right of import ( for business purpose) but carried out a number of activities of sale and purchase of goods not in accordance with the provisions of Decree No.23/2007/ND-CP dated February 12, 2007 of the Government.
The exchanged content said above has not mentioned of the relations of sale and purchase of goods (produced in Vietnam or abroad) between export processing FDI enterprises with the local market (including domestic FDI enterprises) to create fixed assets, replace and repair machinery and equipment; serve as raw materials for production, processing, installation of products; build and operate the infrastructure system (treatment of wastewater, domestic clean water ...) ... for the purpose of implementing investment projects of enterprises. The sale and purchase of goods shall comply with the provisions of Article 6, Section II of the Circular No.04/2007/TT-BTM dated April 4, 2007 of the Ministry of Trade (now the Ministry of Industry and Trade) guiding the import and export activities, import, processing, disposal imported goods of foreign-invested enterprises stipulated in Decree No. 108/2006/ND-CP dated September 22, 2006 of the Government stipulating in detail and guiding the implementation of some articles of the Law on Investment.
