THE PRIME MINISTER OF
GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 205/1998/QD-TTg
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Hanoi, October 19, 1998
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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;
In order to enhance the management over the duty-free shops' activities,
DECIDES:
Article 1.- To promulgate together with
this Decision the Regulation on duty-free shops.
Article 2.- This Decision replaces
Decision No. 195-TTg of April 8, 1996 of the Prime Minister and takes effect 15
days after its signing; the previous stipulations which are contrary to this
Decision are now annulled.
The Minister of Trade, the Minister of Planning
and Investment, the Minister of Finance and the General Director of Customs
shall have to guide and inspect the implementation of the Regulation
promulgated together with this Decision.
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THE PRIME MINISTER OF
GOVERNMENT
Nguyen Tan Dung
THE REGULATIONS
ON DUTY-FREE
SHOPS
(Promulgated
together with Decision No. 205/1998/QD-TTg of October 19, 1998 of the Prime
Minister)
Article 1.- General provisions
1. Shops trading in duty-free goods (hereafter
referred to as duty-free shops) are shops that sell goods to passengers on
entry or exit and other subjects defined in this Regulation.
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If goods imported for sale at the duty-free
shops are permitted by the Ministry of Trade for sale on domestic market, they
shall be liable to taxes as prescribed.
3. The duty-free goods trading by the duty-free
shops shall be subject to inspection and control by Vietnam's Customs Office,
the Ministry of Trade and the Ministry of Finance.
4. Foreign currency(ies) used in transactions at
duty-free shops are freely convertible ones which are announced by the State
Bank of Vietnam.
5. Domestic enterprises are given priority in
conducting duty-free goods trading activities.
Article 2.- The conditions for operation
of duty-free shops
Enterprises which wish to open duty-free shops
shall have to register their business and be entitled to operate them only
after being granted the business qualification certificate by the Ministry of
Trade.
The opening and operation of foreign-invested
duty-free shops shall comply with the provisions of the Law on Foreign
Investment in Vietnam.
Article 3.- Certificates of duty-free
goods trading qualifications
1. The conditions for enterprises to be
considered and granted certificates of duty-free goods trading qualifications
include:
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b) They have sufficient capital and material
facilities including a system of standard shops and warehouses, which are
convenient for sale of goods and for the inspection and control by customs
authorities.
c) They have personnel qualified for management
and sale of duty-free goods.
2. The organizations and/or individuals that
fully meet the conditions prescribed in Clause 1 of this Article and wish to
open duty-free shops shall have to send their dossiers to the Ministry of
Trade; for foreign-invested duty-free shops, the dossiers thereof shall be sent
to the Ministry of Planning and Investment to apply for certificates of
duty-free goods trading qualifications.
Such a dossier shall include:
- An application for certificate of duty-free
goods trading qualifications;
- The valid copy of the decision on the
establishment of the enterprise;
- The valid copy of the enterprise's certificate
of business qualifications;
- The written approval of the location where the
duty-free shop is to be set up;
- The plan for cooperation or joint venture with
foreign party(ies) (if any).
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Article 4.- Locations for duty-free shops
1. Departure lounges of international airports
and seaports, international land-road and railway border checkpoints in service
of passengers on exit or transit (including drivers and service employees on
transportation means on exit).
2. On international flights of Vietnam Airlines
or other airlines established under the Vietnamese law, duty-free goods shall be
sold to passengers on board and flight crews.
3. The opening of duty-free shops in service of
passengers on entry (including flight crews and stewardesses on international
flights) at a number of international airports; the opening of downtown
duty-free shops in service of persons awaiting departures and the opening of
duty-free shops in service of the diplomats as defined 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 provinces and centrally-run cities
and the concerned ministries and branches.
4. The specific locations of duty-free shops
mentioned in Clause 3 of this Article must be approved by the People's
Committees of the concerned provinces and centrally-run cities as well as the
managing ministries and branches; the locations of special-use warehouses for
duty-free goods must be approved by the provincial/municipal Customs
Departments and subject to the direct supervision by the customs authorities.
5. Duty-free shops at international airports and
seaports shall be entitled to open kiosks for on-spot sale of goods to
passengers awaiting departures, crew members on ships anchoring at ports. The
General Department of Customs shall coordinate with the Ministry of Trade and
the Ministry of Finance in providing detailed guidance for these activities.
Article 5.- Goods sold at the duty-free
shops
1. Goods traded at the duty-free shops include
goods imported for sale at duty-free shops, goods made in Vietnam and goods
from lawful import sources.
2. Duty-free shops are encouraged to sell goods
made in Vietnam. If these goods items and those imported and lawfully
circulated on Vietnamese market are sold at the duty-free shops, they shall be
considered export goods and subject to the export goods policy under the
current regulations.
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4. All goods sold at the duty-free shops must be
affixed with "VIETNAM DUTY NOT PAID" stamps issued by the Ministry of
Finance or the enterprises under the Ministry of Finance's authorization.
5. Goods imported for sale at duty-free shops, if
being subject to the conditional import, shall be permitted by the Ministry of
Trade.
Article 6.- Re-export, transfer of goods
into the domestic market for sale, handling of unsold goods
If goods which have been already imported for
sale at the duty-free shops and left in stock for a long time due to their
unsaleability need to be handled (destroyed, sold on domestic market or
re-exported), they must be certified by the customs authority in term of their
respective lists and volumes.
Goods to be re-exported or taken out of areas
managed by duty-free shops for sale on the domestic market must be permitted by
the Ministry of Trade and subject to tax obligations as prescribed.
For broken, damaged or seriously
degenerative-quality goods which cannot be sold for consumption, the concerned
enterprises shall have to make records thereon with the customs authority's
certification for destruction under the latter's supervision.
Article 7.- Eligible subjects and
conditions for sale of goods at duty-free shops
a) Goods are sold to passengers on entry, exit
or transit under the provisions of this Regulation, when they produce valid
passports already checked for entry or exit;
b) Goods are sold on the airplanes directly to
passengers on international flights of Vietnam Airlines or other airlines
established under the Vietnamese law;
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d) Foreigners, overseas Vietnamese and
Vietnamese awaiting departures shall have to produce their valid passports and
air tickets with registered date of departure when registering to buy goods.
The goods shall be delivered to the passengers at the exit checkpoints upon the
completion of the exit procedures.
Article 8.- The duty-free goods purchase
quantity limits
a) The subjects enjoying the diplomatic
privileges and immunity shall be entitled to buy duty-free goods according to
the quantity limits prescribed by the Vietnamese Government.
b) Persons on entry shall be entitled to buy
goods according to the quantity limits prescribed in the regulations on
duty-free luggage limits for entry passengers.
c) Persons on exit with valid passports shall be
entitled to buy goods in unlimited quantities and values, but they shall
themselves be responsible for the procedures and quantity limits for import of
such goods into the destination country(ies).
d) Particularly, duty-free goods in service of
sailors' daily needs shall be sold at the orders placed by ship masters or ship
representatives. Such goods shall be sealed up or kept intact in their package
under the supervision by the customs authority(ies) till the ships leave the
ports.
3. Persons on departures with exit/entry
laissez-passers shall be entitled to buy goods as those on exit with valid
passports.
Article 9.- Management of duty-free
shops' activities
The Ministry of Trade shall:
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- Grant or refuse to grant the certificates of
duty-free goods trading qualifications within 30 days from the date of
receiving complete and valid dossiers;
- Permit the import of goods subject to the
conditional import and/or re-export of goods of duty-free shops;
Permit the transfer of the goods already imported
by duty-free shops into domestic market for sale.
The Ministry of Planning and Investment shall:
- Decide the opening of foreign-invested
duty-free shops;
The Ministry of Finance shall:
- Guide the observance of financial and
accounting regimes applicable to duty-free shops;
- Periodically or extraordinarily inspect the
liquidation and settlement by duty-free shops;
- Guide the tax payment, collection or exemption
in accordance with provisions of the tax laws applicable to duty-free shops;
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The General Department of Customs shall:
- Guide the customs procedures for import or
re-export of goods of the duty-free shops, and the transfer of duty-free shops'
goods into domestic market for sale;
- Certify the necessity to handle or liquidate
the unsold goods; supervise the liquidation or destruction of goods of
duty-free shops;
- Conduct the application, calculation and
collection of tax(es) on goods already imported for sale at the duty-free
shops, which are later permitted to be transferred into domestic market for
sale.
Article 10.- Sale of goods at the
duty-free shops
Duty-free shops shall have to sell to right
subjects only goods on the lists and goods items already stated in their
business registrations, and strictly comply with this Regulation's provisions
on the sale of duty-free goods.
Article 11.- Responsibility of the
enterprises trading in duty-free goods
The enterprises trading in duty-free goods shall
have to take self-responsibility before law for the goods imported for sale at
the duty-free shops and their quality.
Article 12.- Reports on business
activities of duty-free shops
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Article 13.- Handling of violations
Violations of this Regulation's provisions on
the sale of duty-free goods shall, depending on their seriousness, be subject
to: temporary suspension of operation, withdrawal of certificates of business
qualifications, administrative sanctions or examination for penal liability as
prescribed by law.
Article 14.- The Minister of Trade, the
Minister of Planning and Investment, the Minister of Finance and the General
Director of Customs shall have to guide the implementation of this Regulation.
THE PRIME MINISTER OF
GOVERNMENT
Nguyen Tan Dung