Official Dispatch 8739/BCT-XNK 2023 trading goods foreign traders that do not have presence Vietnam

• Số hiệu: 8739/BCT-XNK
• Loại văn bản: Công văn
• Nơi ban hành: Bộ Công thương
• Người ký: Nguyễn Sinh Nhật Tân
• Ngày ban hành: 07/12/2023

THE MINISTRY OF INDUSTRY AND TRADE OF VIETNAM ----------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness -----------------------
No.  8739/BCT-XNK Re: Trading in goods by foreign traders that do not have presence in Vietnam	Hanoi, December 07, 2023

To: The General Department of Vietnam Customs (affiliated to the Ministry of Finance of Vietnam)

In response to the Official Dispatch No. 4698/TCHQ-GSQL dated September 11, 2023 of the General Department of Vietnam Customs concerning trading in goods by foreign traders that do not establish presence in Vietnam, the Ministry of Industry and Trade of Vietnam gives some guidelines hereunder:

1. Clause 3 Article 5 of the Law on Foreign Trade Management stipulates as follows:

“3. Foreign traders without presence in Vietnam and other relevant organizations and individuals of countries and territories (hereinafter referred to as “countries”) that are members of the World Trade Organization (WTO) and countries signing bilateral agreements with Vietnam shall have the right to export and import goods in accordance with regulations of the domestic law of Vietnam and treaties to which the Socialist Republic of Vietnam is a signatory.”

- Clause 3 Article 3 of the Government’s Decree No. 90/2007/ND-CP dated May 31, 2007 prescribing right to export and import of foreign traders that do not have presence in Vietnam stipulates as follows:

“3. Export and import; right to export; right to import; and distribution right are defined in the Government’s Decree No. 23/2007/ND-CP dated February 12, 2007.”

The Government’s Decree No. 23/2007/ND-CP dated February 12, 2007 is replaced by the Government’s Decree No. 09/2018/ND-CP dated January 15, 2018 elaborating the Law on Commerce and the Law on Foreign Trade Management in respect of trading in goods and its directly related activities of foreign investors and foreign-invested business organizations in Vietnam. Accordingly, Articles 2 and 3 of the Decree No. 09/2018/ND-CP provides regulations on the right to export and import as follows:

“2. Right to export means the right to purchase goods in Vietnam for export, including the right to have one's name written in the export declaration in order to carry out, and take responsibility for, export-related procedures.  The right to export excludes the right to purchase goods from entities other than traders for export, unless otherwise provided for by the domestic law of Vietnam or treaties to which the Socialist Republic of Vietnam is a signatory.

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- In case foreign traders that do not establish presence in Vietnam wish to trade in goods in Vietnam, they may only carry out such trading in goods within the scope of the right to export and the right to import as prescribed in the abovementioned Decree No. 90/2007/ND-CP and Decree No. 09/2018/ND-CP, and must follow procedures for issuance of certificate of right to export or the right to import for a foreign trader that does not have presence in Vietnam in accordance with the provisions of the Decree No. 90/2007/ND-CP.

2. Foreign traders that wish to place orders for processing of goods in Vietnam shall comply with the provisions of Section I. Processing of goods in commerce of Chapter VI of the 2005 Law on Commerce, Article 51 of the Law on Foreign Trade Management and Chapter V. Processing of goods involving foreign elements of the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating the Law on Foreign Trade Management.

For your consideration./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan