THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
195-TTg
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Hanoi
April 08, 1996
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DECISION
PROMULGATING THE
REGULATION ON DUTY-FREE SHOPS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
To enhance the management of activities of duty-free shops;
At the proposal of the Minister of Trade,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on Duty-Free Shops
Article 2.-
This Decision takes effect from the date of its signing; the earlier
stipulations which are contrary to this Decision are now annulled.
The Minister of Trade, the Minister of Finance,
the General Director of the General Customs Department shall have to guide and
inspect the implementation of the Regulation issued together with this
Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
REGULATION ON DUTY-FREE
SHOPS
(Issued together with
Decision No.195-TTg of April 8, 1996 of the Prime Minister
Article
1.-
1. Duty-free shops are shops that sell imported
goods exempted from import duties to the people and in the areas, specified in
Article 3 of this Regulation.
2. Activities of the duty-free shops shall be
subject to the direct inspection and supervision of the Ministry of Trade and
the Vietnam Customs.
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Article
2.- General provisions on conditions and dossier of application for the
opening duty-free shops:
1. An enterprise wishing to open a duty-free
shop must obtain a business license from the Ministry of Trade.
2. The enterprises eligible for the granting of
duty-free goods business licenses must fill the following conditions:
a/ They are established under Vietnamese law,
operate in provinces or cities directly under the Central Government, with
international checkpoints (airports, seaports, railway stations, land border
gates), with the number of arrivals and departures exceeding 15,000 persons a
year. The duty-free shops' operation must conform with the enterprises'
business registration.
b/ They must have the necessary capital and
material bases, including a system of standard shops and warehouses, which are
convenient for sale activities and for the supervision and management by the
Customs Office.
c/ They must have a personnel with managerial
and professional skills.
d/ They must have a stable source of goods
supply.
3. Those enterprises meeting the conditions
prescribed in Item 2 of this Article and wishing to open duty-free shops may
send their applications to the Ministry of Trade.
The dossier includes:
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- A copy of the Decision on the establishment of
the enterprise,
- A copy of the business license of the
enterprise
- The necessary papers testifying to the
conditions stipulated in Item 2 of this Article,
- Documents issued by the General Customs Department
and the agency managing the area where the shop shall be opened (airport,
seaport, railway station...) which approves the location of the duty-free shop,
- Plans on cooperation with a foreign company or
foreign companies (if any).
4. The Ministry of Trade shall consider the
dossier and grant duty-free business licenses in accordance with the demand of
each area and each location as stipulated in Article 3 of this Regulation.
5. Vietnamese enterprises which have been
allowed to open duty-free shops or cooperate with foreign companies to trade in
duty-free goods, are entitled to continue their business in accordance with the
granted licenses and shall be responsible for implementing all the provisions
of this Regulation.
Article 3.-
Provisions on the location of duty-free shops:
1. Departure lounges of international airports,
international seaports, international railway and land-road checkpoints, if
meeting the stipulated conditions, are eligible places for the opening of
duty-free shops in service of passengers on departure or transit (including
operators of the transport means and the crews thereon).
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3. The opening of duty-free shops to service the
arriving of passengers (including aircrews and hostesses on international
flights) at some international airports; downtown duty-free shops to service
people waiting for departure and duty-free shops for members of the Diplomatic
Corps as stipulated in Decree No.73-CP of July 30, 1994 of the Government shall
be decided by the Prime Minister at the proposals of the People's Committees of
the concerned provinces or cities and the concerned Ministries and branches.
4. The exact locations of duty-free shops as
prescribed in Item 3 of this Article must be approved by the People's
Committees of the provinces or cities directly under the Central Government;
the locations of warehouses designated exclusively for duty-free goods must be
adopted by the provincial or municipal Customs Office and be subject to the
direct inspection and supervision of the Customs Office.
Article 4.-
Provisions on goods sold at duty-free shops:
1. Goods sold at duty-free shops are goods
imported in service of duty-free business with the approval of the Ministry of
Trade under current regulations.
2. In addition to goods imported for duty-free
business, duty-free shops are encouraged to sell goods produced in Vietnam and
goods legally imported into Vietnam and legally circulated on Vietnamese
market. These goods are considered to be export goods and subject to the policy
on commodities for export in accordance with the current regulations on the
import-export management.
3. Procedures for transporting goods into
warehouses and from the warehouses to duty-free shops shall be stipulated by
the General Customs Department.
4. Goods imported for duty-free business must be
stuck with the label: "VIETNAM DUTY NOT PAID" issued by the Ministry
of Finance or by the enterprises themselves and with the consent of the
Ministry of Finance.
5. If goods imported for duty-free business with
the approval of the Ministry of Trade, have been left unsaleable in stocks for
a long time and the enterprise requests permission to settle them (discard
them, pay import tax for domestic consumption or re-export them), there must be
certification by the Customs Office and the owner of the enterprise and
permitted by the Ministry of Trade. In this case, close inspection must be made
by the Ministry of Trade so as to prevent the misuse of duty-free business to
import consumer goods listed as goods to be imported in limited quantities not
exceeding the stipulated quotas. Goods which are banned from import are not allowed
for use as goods for domestic consumption.
In cases where the goods are broken or seriously
damaged, a relevant report must be made with the certification by the Customs
Office and the discard of goods must be carried out under the supervision of
the Customs Office but not necessarily with permission from the Ministry of
Trade.
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1. Conditions and procedures for sale:
a/ Selling goods to passengers on exit, entry or
transit as stipulated in Article 3 of this Regulation, if the passengers
produce their legal passports.
b/ Selling goods directly to passengers on
international flights of Vietnam Airlines or other airlines established under
Vietnamese law.
c/ People eligible for tax exemption, when
buying duty-free goods must show goods-buying book together with their
passports or identity cards issued by the Vietnamese Ministry for Foreign
Affairs if the goods are bought for their own use; or the check book together
with diplomatic notes or introduction papers, if the goods are bought for the
offices.
d/ Foreigners, overseas Vietnamese and
Vietnamese waiting for departure as prescribed in Article 3 of this Regulation
shall have to show their passports and tickets with registered date of
departure when registering to purchase goods. The goods shall be delivered at
the exit checkpoints when the passengers have completed their exit procedures.
e/ With regard to duty-free goods for daily
consumption by sailors, they may be sold according to the order for goods from
the ship captain. The goods must be sealed in boxes and escorted to the ship by
Customs officers before it leaves the port.
f/ People eligible for tax exemption are
entitled to buy a fixed quantity of goods set by Vietnamese law: passengers on
entry shall be entitled to buy a fixed quantity of goods with the quantity
fixed by the State as duty-free luggage of entry or exit passengers. Outgoing
sailors shall be entitled to buy goods for their reasonable personal needs,
taking into considerable consideration of length of the trip.
Others shall be entitled to buy unlimited
quantities of goods but must be responsible for the observance of regulations
on import-export procedures as well as on the quantity of goods allowed for
export or import.
2. Goods imported by the duty-free shops with
the approval of the Ministry of Trade shall be exempted from the import duty in
accordance with the guidance of the Ministry of Finance; if the goods are left
unsaleable in stocks and allowed to be disposed of as goods for domestic
consumption as prescribed in Article 4 of this Regulation, the taxes must be
paid in full as provided for by law.
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3. Other tax obligations, procedures for tax
declaration and payment as well as other accounting and financial regimes shall
be conducted in accordance with the guidance of the Ministry of Finance. With
regard to sale invoices, if particular invoices are used, they must be approved
by the Ministry of Finance.
Article 6.-
Every 3 months, 6 months and annually, the enterprises doing business in duty-free
shops must report their duty-free business operations to the Ministry of Trade,
the Ministry of Finance, the General Customs Department and the relevant
branches.
Article 7.-
This Regulation takes effect from the date of its signing. The earlier provisions
which are contrary to this Regulation are now annulled.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai