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MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 08/VBHN-BCT
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Hanoi, June 6,
2024
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CIRCULAR
ELABORATING REGISTRATION
OF IMPORT AND EXPORT RIGHTS OF FOREIGN TRADERS THAT DO NOT HAVE PRESENCE IN
VIETNAM
Circular No. 28/2012/TT-BCT dated September 27,
2012 of the Minister of Industry and Trade on elaboration of registration of
import and export rights of foreign traders that do not have presence in
Vietnam, which comes into force from November 15, 2012 is amended by:
Circular No. 42/2019/TT-BCT dated December 18, 2019
of the Minister of Industry and Trade on amendments to some regulations on
periodical reporting in Circulars promulgated or jointly promulgated by the
Minister of Industry and Trade, which comes into force from February 05, 2020;
Circular No. 08/2024/TT-BCT dated April 22, 2024 of
the Minister of Industry and Trade on amendments to some Circulars of the
Minister of Industry and Trade in import and export sectors, which comes into
force from June 07, 2024.
Pursuant to the Government’s Decree No.
189/2007/ND-CP dated December 27, 2007 on functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade and the
Government’s Decree No. 44/2011/ND-CP dated June 14, 2011 on amendments to
Article 3 of the Decree No. 189/2007/ND-CP;
Pursuant to the Government’s Decree No.
90/2007/ND-CP dated May 31, 2007 on import and export rights of foreign traders
that do not have presence in Vietnam;
Pursuant to the Government's Decree No.
23/2007/ND-CP dated February 12, 2007 on elaboration of the Commercial Law on purchase
and sale of goods and activities directly related to purchase and sale of goods
by foreign-invested enterprises in Vietnam;
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The Minister of Industry and Trade promulgates
Circular elaborating registration of import and export rights of foreign traders
that do not have presence in Vietnam:[1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular provides for issuance,
re-issuance, amendment, extension and revocation of certificates of
registration of import and export rights of foreign traders that do not have
presence in Vietnam.
2. This Circular applies to foreign traders of
countries and territorial regions which are members of the International Trade
World (WTO) and countries and territorial regions which reach bilateral
agreements with Vietnam on import and export rights and other organizations,
individuals related to import and export by foreign traders that do not have
presence in Vietnam.
3. This Circular does not regulate business
activities in border markets, border checkpoint markets, markets in
border-checkpoint economic zones owned by traders of countries sharing the same
border.
Article 2. Exercise of export right
1. A foreign trader that does not have presence in Vietnam
(hereinafter referred to as “trader without presence”) issued with a
certificate of registration of import and export rights shall exercise their
export right as follows:
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b) Regarding exports included in the list of
exports under roadmaps as specified in international commitments, export them
according to such roadmaps;
c) Directly follow procedures for exporting goods
at customs authorities as prescribed by law on the basic of a contract to
purchase goods signed with a Vietnamese trader;
d) The exports shall be conformable to regulations
in the certificate of registration of import and export rights.
2. The trader without presence may directly
purchase goods of only Vietnamese traders who obtain business registration or
have the export right or the right to distribute such goods for export; must
not organize a network to purchase goods in Vietnam for export, including
establishment of places for purchase of goods for export, unless otherwise
provided by Vietnamese law or International treaties to which the Socialist
Republic of Vietnam is a signatory.
Article 3. Exercise of import right
1. A trader without presence issued with a
certificate of registration of import and export rights shall exercise their
import right as follows:
a) Be entitled to import goods not included in the
list of goods prohibited from import, list of goods temporarily suspended from
import, list of goods not eligible for import according to international commitments.
Regarding goods subject to conditional import, they shall satisfy conditions
according to regulations of law;
b) Regarding imports included in the list of
imports under roadmaps as specified in international commitments, import them
according to such roadmaps;
c) Directly follow procedures for importing goods
at customs authorities as prescribed by law on the basic of a contract to sell
goods signed with a Vietnamese trader;
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2. The trader without presence may directly sell
imports to only Vietnamese traders who obtain business registration or have the
right to distribute such imports; must not organize or participate in a system
for distributing goods in Vietnam, unless otherwise provided by Vietnamese law
or International treaties to which the Socialist Republic of Vietnam is a
signatory.
Chapter II
APPLICATIONS AND PROCEDURES FOR ISSUANCE, RE-ISSUANE,
AMENDMENT TO, EXTENSION, REVOCATION OF CERTIFICATES OF REGISTRATION OF IMPORT
AND EXPORT RIGHTS
Article 4. Procedures for issuance, re-issuance,
amendment and extension
1. A trader without presence shall send an
application to the Ministry of Industry and Trade (Agency of Foreign Trade[2]) which considers
issuance, re-issuance, amendment to or extension of a certificate of
registration of import and export rights.
2. The time limit for issuance, re-issuance,
amendment or extension of the certificate of registration of import and export
rights shall comply with regulations in Article 9, Article 12 and Article 13 of
the Government's Decree No. 90/2007/ND-CP dated May 31, 2007.
3. The validity period of the certificate of registration
of import and export rights is 05 years.
Article 5. Application for issuance of
certificate of registration of import and export rights
1. An application for a certificate of registration
of import and export rights includes:
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b) An authentic copy of confirmation issued by a
competent authority of the country where the trader is registered that the trader
without presence is not banned from trade or incurring trade-related penalties
under the law of the trader's home country.
c) An authentic copy of confirmation issued by the
competent authority of the country where the trader is registered that the trader
without presence (in case the trader is an individual) or the legal
representative (in case the trader is an economic organization) does not have a
criminal record or limited legal capacity or is not legally
incapacitated;
d) A certified copy of business registration
certificate or equivalent document in case where the trader is an economic
organization; a certified copy of ID card, passport or another valid personal
identification paper in case the trader is an individual;
dd) A certified copy of financial statement audited
or document certifying fulfillment of tax obligations or financial obligations
in the latest fiscal year issued by the competent authority of the trader's
home country or other documents issued by the competent authority or certifying
the existence and operation of the foreign trader in the latest fiscal year
according to regulations of law of that country;
e) An authentic copy of document certifying
business capital and account number at a bank where the foreign trader is
established;
g) A written agreement between the representative
of the foreign trader in Vietnam and the trader without presence which clearly
indicates name, address and phone number;
h) A certified copy of business registration
certificate of the economic organization that is representative of the trader
without presence in Vietnam or a certified copy of ID card, passport or another
valid personal identification paper in case the representative is an
individual.
3. The documents mentioned in points b, c, d, dd
and e Clause 2 of this Article must be translated into Vietnamese language and
consularly legalized as prescribed by Vietnamese law. The document mentioned in
point g Clause 2 of this Article must be translated from foreign language into
Vietnamese language and certified or consularly legalized.
Article 6. Application for amendment or
re-issuance of certificate of registration of import and export rights
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2. An application for amendment or re-issuance of certificate
of registration of import and export rights includes:
a) An application form for amendment or re-issuance
of certificate of registration of import and export rights, using Form No. MD-2
or MD-3 Appendix I enclosed with this Circular;
b) An original copy of the issued certificate of
registration of import and export rights. If the original copy is lost,
burnt or destroyed, the trader shall present a copy certified or authenticated
by the functional agency;
c) An authentic copy of confirmation issued by a
tax authority of Vietnam that the trader without presence has fulfilled all tax
obligations and financial obligations to Vietnam until the time the trader
applies for amendment to the certificate of registration of import and export
rights;
d) A certified copy of business registration
certificate or equivalent document in case where the trader is an economic
organization; a certified copy of ID card, passport or another valid personal
identification paper in case the trader is an individual;
dd) A certified copy of legal document proving
change in contents indicated in the certificate of registration of import and
export rights.
3. The documents mentioned in Points d and dd
Clause 2 of this Article must be translated into Vietnamese language and
consularly legalized as prescribed by Vietnamese law.
Article 7. Application for extension of
certificate of registration of import and export rights
1. An application for extension of a certificate of
registration of import and export rights includes:
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b) An original copy of the issued certificate of
registration of import and export rights or a certified copy in case the
original copy is lost, burnt or destroyed;
c) A certified copy of financial statement audited
or document certifying fulfillment of tax obligations or financial obligations
in the latest fiscal year issued by the competent authority of the trader's
home country or other documents issued or certified by an independent
organization or the competent authority or certifying the existence and
operation of the foreign trader in the latest fiscal year according to
regulations of law of that country;
d) A report on export and import from the time on
which the certificate of registration of export and import rights is issued to
the time of application for extension, on the basis of consolidation of annual
reports on operations as prescribed in Clause 1, Article 12 of this Circular;
dd) An authentic copy of confirmation issued by a
tax authority of Vietnam that the trader without presence has fulfilled all tax
obligations and financial obligations to Vietnam until the time the trader applies
for extension of the certificate of registration of import and export rights;
2. The documents mentioned in Points c and d Clause
1 of this Article must be translated into Vietnamese language and consularly
legalized as prescribed by Vietnamese law.
3. After the certificate of registration of import
and export rights is expired, if the trader without presence still wishes to
register import and export rights, the trader shall follow procedures for extension
according to the above-mentioned regulations on application and procedures for
initial extension.
Article 8. Extension of, amendment to
certificate of registration of import and export rights
If the trader without presence applies for
extension of, and amendment to the certificate of registration of import and
export rights at the same time, the application for extension and amendment
shall be made according to regulations in Article 6 and Article 7 of this
Circular and include an application form for extension and adjustment to the
certificate of registration of import and export rights according to Form MD-5
Appendix I enclosed with this Circular.
Article 9. Termination of import and export
rights in Vietnam
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2. A trader who wishes to terminate their import
and export rights according to regulations in points a and b Clause 1 Article 14
of the Decree No. 90/2007/ND-CP shall send a written notification to the
Ministry of Industry and Trade of expected termination of operations of the
trader according to Form No. TB Appendix I enclosed with this Circular.
Article 10. Revocation of certificate of import
and export rights
Traders without presence have their certificates of
import and export rights revoked according to regulations in Clause 2 Article
15 of the Decree No. 90/2007/ND-CP
Chapter III
RESPONSIBILITIES FOR NOTIFICATION OF AND REPORT ON
OPERATIONS OF FOREIGN TRADERS WITHOUT PRESENCE IN VIETNAM
Article 11. Notification of operations
1. After the certificate of registration of import
and export rights is issued or amended, the trader without presence shall
publicly announce contents to be issued, amended or extended as indicated in
their certificate of registration of import and export rights on mass media
according to regulations in Clause 3 Article 9, Clause 4 Article 12, Clause 6
Article 13 of the Decree No. 90/2007/ND-CP.
2. The mass media include television news, radio
news, internet news, printed news published on the whole country.
Article 12. Periodic and adhoc reports on
operations
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2. Traders without presence shall be responsible
for providing information and reports at the request of the Ministry of
Industry and Trade in order to serve state management when necessary. Such
information and reports shall be sent to the Ministry of Industry and Trade
within 05 years from the date of receipt of the Ministry of Industry and
Trade’s Official Dispatch.
3. Other financial statements and statistics
reports of traders without presence shall comply with regulations of Vietnamese
law.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 13. Responsibility for implementation
1. The Agency of Foreign Trade [4] shall be responsible for assisting the Minister
of Industry and Trade to issue, re-issue, amend, extend and revoke certificates
of registration of import and export rights of traders without presence
according to regulations in Clause 1 Article 6 of the Decree No. 90/2007/ND-CP
and guidelines of this Circular.
2. The certificate of registration of import and
export rights issued to the trader without presence shall be made into 03
(three) copies. One copy shall be sent to the trader, one copy shall be stored
at the Ministry of Industry and Trade and the last one shall be sent to General
Department of Vietnam Customs for cooperation in management.
3. The Vietnam E-commerce and Information
Technology Agency affiliated to the Ministry of Industry and Trade shall be
responsible for building and operating a software for management of information
on traders without presence and cooperating with the Agency of Foreign Trade [5] to update and publicly
announce statistics figures and relevant information in the course of
performance of state management with regard to traders without presence on the
website of the Ministry of Industry and Trade at http://www.moit.gov.vn.
4. Fees for issuance of certificates of
registration of import and export rights to foreign traders without presence in
Vietnam and collection, payment, management and use thereof shall comply with
Decision No. 108/2007/QD-BTC dated December 26, 2007 of the Minister of
Finance.
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This Circular comes into force as of November 15,
2012.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
[1]
Circular No. 42/2019/TT-BCT on amendments to some regulations on
periodical reporting in Circulars promulgated or jointly promulgated by the
Minister of Industry and Trade is promulgated pursuant to:
“Government’s Decree No. 98/2017/ND-CP dated
August 18, 2017 on functions, tasks, powers and organizational structure of the
Ministry of Industry and Trade;
“Government’s Decree No. 09/2019/ND-CP dated
January 24, 2019 on reporting regime of national administrative agencies;
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The Minister of Industry and Trade promulgates
Circular on amendments to some regulations on periodical reporting in Circulars
promulgated or jointly promulgated by the Minister of Industry and Trade.”
Circular No. 08/2024/TT-BCT on amendments to some
Circulars of the Minister of Industry and Trade in import and export sectors is
promulgated pursuant to:
“Government’s Decree No. 96/2022/ND-CP dated
November 29, 2022 on functions, tasks, powers and organizational structure of
the Ministry of Industry and Trade;
At the request of the Director of the Agency of
Foreign Trade;
The Minister of Industry and Trade promulgates
Circular on amendments to some Circulars of the Minister of Industry and Trade
in import and export sectors.”
[2]
The phrase “Vụ Xuất nhập khẩu” (Export and Import Administration) shall be replaced
by the phrase “Cục Xuất nhập khẩu” (Agency of Foreign Trade) according to
regulations in Article 4 of the Circular No. 08/2024/TT-BCT on amendments to
some Circulars of the Minister of Industry and Trade in import and export
sectors, which comes into force from June 07, 2024.
[3]
This Clause is amended by Article 21 of Circular No. 42/2019/TT-BCT
on amendments to some regulations on periodical reporting in Circulars
promulgated or jointly promulgated by the Minister of Industry and Trade, which
comes into force from February 05, 2020.
[4]
The phrase “Vụ Xuất nhập khẩu” (Export and Import Administration) shall
be replaced by the phrase “Cục Xuất nhập khẩu” (Agency of Foreign Trade)
according to regulations in Article 4 of the Circular No. 08/2024/TT-BCT on
amendments to some Circulars of the Minister of Industry and Trade in import
and export sectors, which comes into force from June 07, 2024.
[5]
The phrase “Vụ Xuất nhập khẩu” (Export and Import Administration) shall
be replaced by the phrase “Cục Xuất nhập khẩu” (Agency of Foreign Trade)
according to regulations in Article 4 of the Circular No. 08/2024/TT-BCT on
amendments to some Circulars of the Minister of Industry and Trade in import
and export sectors, which comes into force from June 07, 2024.
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“Article 37. Entry into force
1. This Circular comes into force as of February
05, 2020.
2. The following regulations shall be abrogated:
a) Clause 6 Article 1 Circular No.
33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and Trade.
b) Article 4 Circular No. 51/2018/TT-BCT dated
December 19, 2018 of the Minister of Industry and Trade.
c) Clause 20, Article 1 of Circular No.
31/2018/TT-BCT dated October 5, 2018 of the Minister of Industry and Trade.
d) Article 29 Circular No. 43/2013/TT-BCT dated
December 31, 2013 of the Minister of Industry and Trade
3. Periodic reports of industry and trade
authorities shall cover the periods specified in Article 12 of the Decree No.
09/2019/ND-CP.
4. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Industry
and Trade for instructions and resolution./.”
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“Article 5. Entry into force
1. This Circular comes into force as of June 07,
2024.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Industry
and Trade for settlement./.