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THE MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.21/1998/TT-BTM
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Hanoi, December 24, 1998
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE REGULATION
ON DUTY-FREE SHOPS ISSUED TOGETHER WITH DECISION No. 205/1998/QD-TTg OF OCTOBER
19, 1998 OF THE PRIME MINISTER
Pursuant
to Article 2 of Decision No.205/1998/QD-TTg of October 19, 1998 of the Prime
Minister issuing the Regulation on Duty-Free Shops;
The Ministry of Trade hereby provides the following guidance on duty-free goods
trading registration and a number of matters related to the goods sold at
duty-free shops:
I. CONDITIONS AND PROCEDURES FOR DUTY-FREE
GOODS TRADING REGISTRATION:
1. Enterprises established under Vietnam law,
which fully meet the following conditions shall be considered and granted the
certificate of duty-free goods trading qualification by the Ministry of Trade:
1.1. Its head office is located and its business
activities are principally conducted in a province or centrally-run city having
an international border-gate;
1.2. It has registered the export and/or import
enterprise's code number at the local customs department;
1.3. Its working capital in Vietnamese currency
is equal to at least 20% of its estimated annual duty-free goods sale turnover;
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1.5. It has shops and warehouses convenient for sale
of goods and for the inspection and supervision by customs authorities.
2. Each dossier to be submitted to the Ministry
of Trade to apply for the certificate of duty-free goods trading qualification
comprises:
2.1. An application for certificate of duty-free
goods trading qualification with certification and recommendation by the
People's Committee of the province or centrally-run city or managing branch or
ministry;
2.2. Valid copies of the business registration
certificate and of the certificate of registration of export and/or import
enterprise's cod number;
2.3. The General Department of Customs' document
certifying that the location of duty-free shop and warehouse satisfies the
requirements of inspection and supervision by customs authorities.
3. Within 15 days after receiving the complete
and valid dossier, the Ministry of Trade shall grant certificate of duty-free
goods trading qualification or notify in writing the reason for refusal to
grant.
4. The application for certificates of duty-free
goods trading qualification to foreign-invested shops shall comply with the Law
on Foreign Investment in Vietnam and the guidance of the Ministry of Planning
and Investment.
5. The opening of duty-free shops in service of
passengers on entry, downtown duty-free shops in service of persons awaiting
departures and duty-free shops in service of diplomats shall be decided by the
Prime Minister at the proposal of the People's Committees of the Provinces and
centrally-run cities or the concerned ministries and branches.
II. GOODS SOLD AT DUTY-FREE SHOPS:
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2. The following goods items can be sold at the
duty-free shops only after obtaining permits from the Ministry of Trade:
2.1. Cigars and cigarettes.
2.2. Goods subject to conditional export and/or
import.
3. The goods items other than those specified in
Clauses 2.1 and 2.2, which are on the list of goods registered for duty-free
sale as stipulated in the certificates of duty-free goods trading
qualification, shall be sold at the duty-free shops under the General
Departments of Customs' guidance.
4. Particularly, the export and/or import of
goods to be sold at the foreign-invested duty-free shops shall comply with the
permits granted by the Ministry of Trade.
5. Each dossier to be submitted to the Ministry
of Trade to apply for the goods export/import permit comprises:
5.1 An official dispatch of the enterprise
asking the Ministry of Trade for export/import permit to conduct duty-free
goods sale and clearly stating the goods name(s), quantity and value.
5.2 Certification by the specialized managing
ministry (if the goods are subject to specialized management).
5.3 A report on the situation of unsold goods
with certification by the local customs department.
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1. Goods which have already been imported
according to the Ministry of Trade's written permit for sale at the duty-free
shops and left in stock due to their unsaleability and which now need to be
re-exported or sold on the domestic market (except cigarettes and cigars) must
obtain the Ministry of Trade's permit.
2. A dossier applying for the re-export or
domestic sale permit comprises:
2.1. An official dispatch of the concerned
enterprise
2.2. The import goods customs declaration of the
lot of concerned goods
2.3. A report on the unsaleability of goods with
the local Customs Department's certification.
3. For broken, damaged or seriously
deteriorating goods or goods with expired use dates, which cannot be sold or
are not permitted to be sold for consumption, the concerned enterprise shall
have to make records on such state certified by the customs authority's
certification and organize the destruction thereof according to the discarded
material-destroying process under the customs authority's supervision, then
make and send a written report thereon to the Ministry of Trade, the Ministry
of Finance and the General Department of Customs instead of a report.
IV. IMPLEMENTATION PROVISIONS:
1. Regarding the organization of duty-free goods
sale activities: the eligible subjects and procedures for duty-free goods sale,
the prescribed limits of goods purchase, the procedures for goods import and
re-export, the financial and accounting regime, etc., shall comply with the
Regulation on Duty-Free Shops issued together with Decision No.205/1998/QD-TTg
of October 19, 1998 of the Prime Minister and the guiding documents of the
Ministry of Finance, the Ministry of Planning and Investment and the General
Department of Customs.
2. Within 90 days after the issuance of this
Circular, the enterprise which has already been permitted to sell duty-free
goods shall apply for a certificate of duty-free goods trading qualification to
replace the documents permitting the opening of duty-free shops previously
granted by the Ministry of Trade. The dossier shall be submitted to the
Ministry of Trade according to Points 2.1, 2.2, Part I of this Circular and
together with the enterprise's reports on duty-free goods trading results for
the three years 1996, 1997 and 1998.
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FOR THE MINISTER OF
TRADE
VICE MINISTER
Mai Van Dau