Title: Circular 08/2013/TT-BCT Detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 22-04-2013

 

Article 1. Investment in goods trading and directly related activities

Foreign investors or foreign-invested enterprises in Vietnam that meet the conditions specified at Point a, Clause 1, Article 4 of Decree No. 23/2007/ND-CP may invest in goods trading and directly related activities in the forms and according to the roadmaps provided for in Appendix 01 to the Decision No. 10/2007/QD-BTM dated May 21, 2007, of the Minister of Trade (now as the Minister of Trade and Industry) publicizing roadmaps for goods trading and directly related activities and other relevant regulations.

Article 2. Scope of performing the goods trading and directly related activities

Foreign-invested enterprises are entitled to carry out goods trading and directly related activities only as prescribed in the certificates of investment, business licenses or licenses for setting up retail establishments and other relevant law regulations.

Article 3. Exercise of the right to export

1. Foreign-invested enterprises already licensed to exercise the right to export, are entitled to purchase goods in Vietnam for export, including goods imported in Vietnam by them or other enterprises already finished tax liability and other financial obligations, under the following conditions:

a. Export goods which are not in the list of those banned from export, list of those temporarily suspended from export, list of those of which the right to export is not granted according to international commitments;

b. For export goods in the list of conditional export goods, enterprises must meet conditions as prescribed by law;

c. For export goods in the list of goods to be exported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The export commodities must be suitable with content of the right to export which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to export are entitled to directly do procedures for export of goods at customs agencies as prescribed by law.

3. The foreign-invested enterprises already licensed for right to export are responsible for implementation of tax liability and other financial obligations for export of goods as prescribed by law.

4. The foreign-invested enterprises already licensed for right to export are entitled to directly purchase only goods of Vietnamese traders who have business registration or right to import, right to distribute such goods for export; not entitled to organize the network of goods purchase in Vietnam for export, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4. Exercise of the right to import

1. Foreign-invested enterprises already licensed to exercise the right to import, are entitled to import goods from other countries in Vietnam under the following conditions:

a. Export goods which are not in the list of those banned from import, list of those temporarily suspended from import, list of those of which the right to import is not granted according to international commitments;

b. For export goods in the list of conditional import goods, enterprises must meet conditions as prescribed by law;

c. For export goods in the list of goods to be imported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The import commodities must be suitable with content of the right to import which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to import are entitle to directly do procedures for import of goods at customs agencies as prescribed by law.

3. The foreign-invested enterprises already licensed for right to import are responsible for implementation of tax liability and other financial obligations for import of goods as prescribed by law.

4. The foreign-invested enterprises already licensed for right to import but not yet licensed for right to distribute are entitled to directly sell import goods for Vietnamese traders who have business registration or right to export, right to distribute such goods; not entitled to organize or participate in the network of goods distribution in Vietnam, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 5. Exercise of the right to distribution

1. Foreign-invested enterprises already licensed to exercise the right to distribution, are entitled to distribute goods which are produced in Vietnam and legally imported in Vietnam under the following conditions:

a. The distributed goods are not in the list of those banned from business and list of those of which the right to distribution is not granted under international commitments;

b. For goods restrained for business or goods of conditional business, enterprises must meet conditions as prescribed by law;

c. For distribution goods in the list of goods to be distributed under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The distribution commodities must be suitable with content of the right to distribution which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to distribution are responsible for implementation of tax liability and other financial obligations for distribution of goods as prescribed by law.

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