THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
24/2009/QD-TTg
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Hanoi,
February 17, 2009
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DECISION
PROMULGATING
THE REGULATION ON TRADING IN DUTY-FREE GOODS
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the Minister of Finance,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on trading in duty-free goods.
Article 2. This Decision
takes effect on July 1, 2009. To annul the Prime Minister's Decision No.
205/1998/QD-TTg of October 19, 1998, and Decision No. 206/2(K)3/QD-TTg of
October 7, 2003.
Article 3. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this
Decision.-
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Sinh Hung
REGULATION
ON
TRADING IN DUTY-FREE GOODS
(Promulgated together with the Prime Minister's Decision No. 24/2009/QD-TTg of
February 17, 2009)
Article 1. General
provisions
1. Trading in duty-free goods
means the sale of these goods to entities eligible for tax incentives under
Articles 4 and 6 of this Regulation.
2. Duty-free shops are places
for traders to sell duty-free goods prescribed in Article 3 of this Regulation.
3. Provisions on duty-free
goods:
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b/ Duty-not-paid imported goods
which are sold at duty-free shops shall be managed under regulations applicable
to temporarily imported goods and may be stored at duty-free shops for not more
than 365 days from the date of completion of customs procedures for the
imported goods lot;
c/ Duty-paid imported goods and
goods produced in Vietnam which are sold at duty-free shops are considered
exported goods and managed under regulations applicable to temporarily exported
goods: and may be stored at duty-free shops for not more than 365 days from the
date of completion of customs procedures for the exported goods lot;
d/ When necessary to extend the
storage duration of temporarily imported or temporarily exported goods at
duty-free shops, traders shall send a written extension request to the customs
offices; each extension duration shall not exceed 180 days for each lot of
imported or exported goods;
e/ If duty-free goods are sold
on the domestic market, traders shall comply with legal provisions like
commercially imported goods;
f/ Broken, damaged, deteriorated
and poor-quality goods may not be sold for consumption; traders shall make
records on the state of goods and get them certified by customs offices,
organize the destruction of the goods according to regulations on destruction
of discarded goods under customs supervision and report on the results of goods
destruction to the General Department of Customs.
4. Currencies used in
transactions at duty-free shops are Vietnam dong, US dollar and EURO.
Article 2. Grant of
permits for duty-free goods trading
To deal in duty-free goods,
traders must possess operation licenses granted by People's Committees of provinces
or centrally run cities where exist international border gates in the form of
business registration certificate or investment certificate which is also the
business registration certificate as prescribed by the Investment Law, the
Enterprise Law and the Commercial Law.
Article 3. Locations of
duty-free shops
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2. Duty-free shops may be
located downtown (downtown duty-free shops) to serve people pending departure,
persons entitled to diplomatic privileges and immunities and those eligible for
tax incentives as prescribed by the Prime Minister.
3. Duty-free goods may be sold
aboard international flights of airlines established and operating under
Vietnam's law to outbound passengers.
4. Computers at traders'
duty-free shops or duty-free goods warehouses must be linked to the customs
network so as to ensure the management of duty-free sales under the guidance of
the General Department of Customs, and be certified in writing by the Ministry
of Finance as fully meeting the inspection and control conditions.
Article 4. Tax policies
applicable to goods sold at duty-free shops
1. Goods sold at duty-free shops
are not liable to excise lax and value-added tax and exempted from import duty,
if they are imported goods.
2. Duty-paid imported goods and
goods produced in Vietnam which are sold at duty-lice shops are eligible for
tax refund in accordance with current laws.
3. Cigarettes, beers, liquors
and electric appliances on sale at duty-free shops must be affixed with the
"VIETNAM DUTY NOT PAID" stamps issued by the Ministry of Finance. The
Ministry of Finance shall specify the positions for affixing the "VIETNAM
DUTY NOT PAID" stamps on these goods items. Other goods items are not
required to be affixed with the stamp.
Article 5. Persons and
conditions for purchase of duty-free goods
1. Persons eligible and
conditions for purchase of duty-free goods applicable to passengers on exit or
in transit:
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b/ When purchasing goods,
passengers on exit or in transit shall produce their passports or
laisser-passers already checked for exit or produce their boarding passes, for
passengers traveling by air;
c/ Persons pending departure who
purchase duty-free goods at downtown duty-free shops shall produce valid
passports and tickets with registered dates of departure. Goods shall be
received at departure lounges of the border gates of departure.
2. Passengers onboard
international flights of airlines set up and operating under Vietnam's laws may
purchase duty-free goods sold on outbound airplanes.
3. Agencies, organizations and
individuals entitled to diplomatic privileges and immunities and subjects
eligible for tax incentives, when purchasing goods, must produce duty-free
goods quota books or written certifications of their managing ministries or
branches, together with their passports or identity cards issued by the
Vietnamese Ministry of Foreign Affairs, in case of purchasing goods for
individuals, or diplomatic notes or introduction letters of agencies or
organizations, in case of purchasing goods for agencies or organizations.
4. Crew members working on
international seagoing ships (including ships bearing foreign nationalities and
ships bearing Vietnamese nationality and operating on international routes) may
purchase goods for personal use or common activities during in the time their
ships anchor at Vietnamese seaports while staying onboard or outside Vietnam's
territorial waters.
Article 6. Quantitative
limits on purchased duty-free goods
1. Passengers on exit or in
transit may purchase duty-free goods without any quantity and value
restrictions but shall take responsibility for carrying out the procedures for
importing these goods into the country of arrival and for their quantitative
limits. In case of purchasing duty-free goods valued in excess of the level of
foreign currencies or Vietnam dong subject to customs declaration prescribed by
the State Bank of Vietnam, passengers on exit shall, when purchasing goods,
produce to goods sellers documents proving the origin of these sums of foreign
currencies or Vietnam dong as prescribed by the State Bank of Vietnam.
Passengers who exit with
passer-laissers may purchase duty-free goods like those who exit with valid
passports.
2. Subjects entitled to
diplomatic privileges and immunities and subjects eligible for tax incentives
may purchase duty-free goods within the quantitative limits prescribed by the
Prime Minister.
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a/ Duty-free goods for common
activities of crew members during the time their ship anchors at Vietnamese
seaport shall be sold on the order placed by the ship master or representative
for use onboard;
b/ Duty-free goods for crew
members during the next voyage shall be sold on the order placed by the ship
master or representative. These goods shall be subject to customs supervision
until the ship leaves the port.
c/ Goods orders may be made in
the form of paper document or sent through e-mail or fax.
Article 7.
Responsibilities of traders
1. To take responsibility before
law for the sale of duty-free goods to eligible subjects within the prescribed
quantitative limits and the observance of current law provisions and this
Regulation.
2. To take responsibility before
law for goods quality and food hygiene and safety according to current laws.
3. Biannually and annually,
traders shall report to the Ministry of Finance (the General Department of
Customs) on the sale of duty-free goods under the guidance of the Ministry of
Finance (the General Department of Customs).
Article 8. Handling of violations
1. All concerned individuals and
organizations that violate the provisions of this Regulation shall be handled
in accordance with law.
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Article 9. Organization
of implementation
1. Traders permitted to trade in
duty-free goods before the date of promulgation of this Regulation are not required
to carry out procedures for business licensing.
2. The Minister of Finance shall
guide the implementation of this Regulation.