Professional Documents
Culture Documents
DECREE
Detailing a number of articles of the Law on Foreign
Trade Management1
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Pursuant to the November 26, 2014 Law on Investment and the Law
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Amending and Supplementing Article 6 of and Appendix 4 to the Law on
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Investment regarding the list of conditional investment and business
lines;
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At the proposal of the Minister of Industry and Trade;
The Government promulgates the Decree detailing a number of
articles of the Law on Foreign Trade Management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details a number of articles of the Commercial Law
and the Law on Foreign Trade Management regarding:
a/ International goods purchase and sale activities carried out in the
forms of export and import; temporary import for re-export; temporary
export for re-import; border-gate transfer; and transit, and other related
activities under law and treaties to which the Socialist Republic of
Vietnam is a contracting party;
b/ Settlement of disputes over the application of foreign trade
management measures.
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Công Báo No. 675-676 (4/6/2018)
Chapter II
MANAGEMENT OF EXPORT AND IMPORT ACTIVITIES
Article 3. The right to freedom of export and import business
1. Vietnamese traders other than foreign-invested economic
organizations may conduct export and import business and carry out
other related activities regardless of their registered business sectors or
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trades, except the goods on the List of goods banned from export or
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import as prescribed in this Decree; other goods banned from export or
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import as prescribed by law; and goods suspended from export or
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import.
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Branches of Vietnamese traders may carry out foreign trade
activities as authorized by these traders.
2. Foreign-invested economic organizations and branches of foreign
traders in Vietnam shall, when carrying out export and import activities
regulated by this Decree, observe Vietnam’s commitments under treaties
to which the Socialist Republic of Vietnam is a contracting party, lists of
goods, and roadmaps announced by the Ministry of Industry and Trade
and, at the same time, comply with this Decree and relevant regulations.
3. Export and import activities carried out by foreign traders
without presence in Vietnam and other related organizations and
individuals in the countries and territories that are members of the World
Trade Organization and countries that have concluded bilateral
agreements with Vietnam must comply with the Government’s
regulations.
Article 4. Export and import procedures
1. For goods to be exported and imported under permits, traders
shall obtain permits from related ministries or ministerial-level agencies.
2. For goods to be exported and imported under certain conditions,
traders must satisfy the law-prescribed conditions.
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3. The Prime Minister shall consider and decide to permit the export
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of goods banned from export or the import of goods banned from import
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for special use purposes or for warranty, analysis, testing, scientific
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research, health care, pharmaceutical production, and national defense
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and security purposes.
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1. To promulgate the List of goods to be exported or imported by
designated traders in Appendix II to this Decree.
2. The designation of export or import traders must comply with
regulations of competent agencies in Appendix II to this Decree.
Article 7. Goods to be exported or imported under permits or
certain conditions
1. To promulgate the List of goods to be exported or imported
under permits or certain conditions in Appendix III to this Decree.
2. Based on Appendix III to this Decree, ministries and ministerial-
level agencies shall announce detailed lists of goods together with their
HS codes after reaching agreement on the lists with the Ministry of
Industry and Trade and on HS codes with the Ministry of Finance.
3. Based on Appendix III to this Decree, ministries and ministerial-
level agencies shall promulgate or submit to competent agencies for
promulgation detailed regulations on the grant of export permits and
import permits in accordance with law, and grant permits under these
regulations.
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well as relevant agreements reached between Vietnam and these
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countries or written instructions issued by the Prime Minister.
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3. The export and import of goods for national defense and security
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purposes must comply with the Prime Minister’s decisions. Based on
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these decisions, the Minister of National Defense and Minister of Public
Security shall prescribe the grant of export permits and import permits.
4. The import of goods that directly affect national defense and
security which are on the List in Appendix IV to this Decree but not for
national defense and security purposes must comply with permits
granted by the Ministry of Industry and Trade after consulting the
Ministry of National Defense or Ministry of Public Security.
5. The import of used machinery, equipment and technological lines
must comply with the Prime Minister’s regulations.
Article 9. Dossier and procedures for grant of export permits or
import permits
The dossier and procedures for grant of export permits or import
permits referred to in Clause 3, Article 7, and Clause 4, Article 8, of this
Decree, and Clause 1, Article 14 of the Law on Foreign Trade
Management, are prescribed below:
1. A dossier of application for a permit must comprise:
a/ A trader’s application for a permit: 1 original;
b/ The investment certificate or business registration certificate or
enterprise registration certificate: 1 copy bearing the trader’s seal;
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dd/ The modification of a permit or re-grant of a permit in case it is
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lost or misplaced is prescribed below:
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- The trader is required to submit only the papers related to the to-
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be-modified contents.
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- The time limit for modification or re-grant of a permit must not
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exceed the time limit for grant of an export permit or import permit.
- If refusing to modify or re-grant a permit, the ministry or
ministerial-level agency shall issue a written reply, stating the reason.
3. Ministries and ministerial-level agencies shall, in pursuance to
this Decree and relevant regulations, promulgate or submit to competent
agencies for promulgation detailed regulations on dossiers of application
for permits, and disclose information about agencies and organizations
and addresses for receiving traders’ dossiers.
Article 10. Certificate of free sale (CFS) for imported goods
1. To promulgate the List of goods requiring CFS and competence
to manage CFS in Appendix V to this Decree.
2. Based on the management requirements in each period and the
List of goods referred to in Clause 1 of this Article, ministries and
ministerial-level agencies shall announce the detailed Lists of imported
goods requiring CFS together with their HS codes.
3. A CFS must have at least the following information:
a/ Name of the agency or organization granting the CFS;
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which Vietnam is a contracting party or on the basis of reciprocity.
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6. If having doubt about the authenticity of the CFS or in case of
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inconsistency of information on imported goods with the contents of
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their CFS, a competent agency shall send a request for inspection and
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verification to the agency or organization granting the CFS.
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1. Ministries and ministerial-level agencies competent to manage
CFS shall grant CFS for exported goods according to the following
provisions:
a/ The export trader applies for CFS for the goods;
b/ The goods’ declared applicable standards comply with current
law.
2. CFS for exported goods must be in English and have at least the
information details provided in Clause 3, Article 10 of this Decree.
If an importing country requires the trader to submit a CFS made
according to the form issued by such country, the CFS-granting agency
shall grant a CFS made according to this form.
3. Procedures for grant of a CFS for exported goods
a/ The trader shall send 1 dossier set directly or by post or online (if
possible) to the CFS-granting agency. The dossier must comprise:
- An application for a CFS, stating the names and HS codes of
goods, product standard certification numbers or registration numbers or
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manufacturing establishment if seeing that the examination of the dossier
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is not enough for grant of a CFS or detecting signs of violation with
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respect to the previously granted CFS;
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dd/ CFS shall be granted in a quantity requested by the trader;
e/ If wishing to have a CFS modified or re-granted because it is lost
or misplaced, the trader shall send a written request for modification or
re-grant of the certificate and relevant papers to the CFS-granting
agency. Within 3 working days after receiving a complete and valid
dossier, the CFS-granting agency shall consider modifying or re-granting
a CFS to the trader.
4. Ministries or ministerial-level agencies shall revoke a CFS in the
following cases:
a/ The export trader forges documents and papers;
b/ The CFS is granted for the goods unconformable with the
declared applicable standards.
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3. The Minister of Industry and Trade shall issue specific decisions
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on goods suspended from temporary import for re-export or border-gate
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transfer and announce the List of goods together with their HS codes, in
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order to prevent environmental pollution, epidemics, adverse impacts on
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human health or life, illegal transshipment or trade fraud.
w Article 13. Temporary import for re-export business
1. Vietnamese traders may conduct the temporary import for re-
export business regardless of their registered business lines according to
the following provisions:
a/ For goods subject to conditional temporary import for re-export,
traders must satisfy the conditions specified in Section 2 of this Chapter;
b/ For goods banned from export or import; goods suspended from
export or import; goods not yet permitted for sale or use in Vietnam; or
goods subject to management based on export quota, import quota, tariff
quota, or export permit or import permit, except automatic export permit
or import permit, traders shall obtain a license for temporary import for
re-export business from the Ministry of Industry and Trade. The dossier
and procedures for grant of such license are prescribed in Articles 19 and
20 of this Decree;
c/ For goods other than those referred to at Points a and b of this
Clause, traders shall carry out temporary import for re-export procedures
at customs offices.
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extend this retention period, traders shall send a written request for
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extension to the customs office which has carried out temporary import
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procedures; each extension must not exceed 30 days and no more than 2
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extensions shall be granted per lot of temporarily imported goods.
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Past the above time limit, traders shall re-export goods out of
Vietnam or destroy them. If wishing to import the goods into Vietnam,
traders shall comply with regulations on goods import management and
taxes.
5. The temporary import for re-export business shall be carried out
on the basis of two separate contracts: export contract and import
contract signed with traders of the exporting country and importing
country. The export contract may be signed before or after the import
contract is signed.
6. The payment for goods for temporary import for re-export
business must comply with regulations on foreign exchange management
and the guidance of the State Bank of Vietnam.
Article 14. Regulating goods for temporary import for re-export
business
1. In case goods are congested in a locality, the provincial-level
People’s Committee shall direct related competent agencies to take
measures to release and regulate the goods and coordinate with the
customs office of the border gate of temporary import in regulating the
quantity of temporarily imported goods from the border gate of
temporary import to the border gate of export.
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purpose of warranty, maintenance, rent, or borrowing, or use for another
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purpose within a specified period then re-export such goods out of
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Vietnam according to the following provisions:
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a/ For goods not yet permitted for sale or use in Vietnam; or goods
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subject to export quota, import quota or tariff quota or to export permit
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or import permit, except automatic export permit or import permit,
traders shall obtain a license for temporary import for re-export from the
Ministry of Industry and Trade. The dossier and procedures for grant of
such license must comply with Articles 19 and 20 of this Decree.
Particularly for goods not yet permitted for sale or use in Vietnam,
the Ministry of Industry and Trade shall grant a license for temporary
import for re-export based on the written approval of the ministry or
ministerial-level agency competent to manage such goods.
b/ The use of the goods specified at Point a, Clause 1 of this Article
in Vietnam must comply with regulations of the ministry or ministerial-
level agency competent to manage such goods.
c/ For goods other than those specified at Point a, Clause 1 of this
Article, traders shall carry out temporary import for re-export procedures
at customs offices and are not required to obtain a license for temporary
import for re-export.
2. Traders may temporarily import the goods they have exported for
reprocessing or warranty at the request of foreign traders and re-export
such goods to foreign traders. Temporary import for re-export
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a/ Temporarily importing goods for inspection or testing;
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b/ Temporarily importing components and parts for re-export
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without contract to serve replacement or repair of foreign seagoing ships
and aircraft; or components and parts to serve repair of seagoing ships
and aircraft under contracts signed between foreign ship owners and
repair factories in Vietnam;
c/ Temporarily importing rotational containers of exported and
imported goods for re-export.
5. For foreign machinery, equipment, and tools used for medical
examination and treatment temporarily imported for re-export for
providing medical examination and treatment in Vietnam for
humanitarian purposes; and performance instruments and sports training
and competition equipment of arts performance groups and sports
competition and performance groups, temporary import for re-export
procedures shall be carried out at customs offices without requiring a
license for temporary import for re-export.
For machinery, equipment, and tools used for medical examination
and treatment; and performance instruments and sports training and
competition equipment on the List of goods banned from export or
import; goods suspended from export or import; or goods to be exported
or imported under permits or certain conditions, when carrying out
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a/ The re-export may only be conducted via secondary border gates
or border crossings within border-gate economic zones and via
secondary border gates outside economic zones that have specialized
control agencies as prescribed and technical facilities meeting state
management requirements. The People’s Committees of border
provinces shall announce these secondary border gates and border
crossings as eligible for goods re-export after consulting and reaching
agreement with the Ministries of National Defense; Finance; Industry
and Trade; and Agriculture and Rural Development;
b/ Based on infrastructure conditions in secondary border gates and
border crossings specified at Point a, Clause 2 of this Article and goods
loading/unloading and delivery capacity at these secondary border gates
and border crossings, the People’s Committees of border provinces shall
issue regulations on selection of traders permitted to re-export
temporarily imported goods under certain conditions prescribed in
Article 21 of this Decree and goods put temporarily imported under
permits prescribed at Point b, Clause 1, Article 13 of this Decree;
c/ For goods other than those referred to at Point b, Clause 2 of this
Article, traders may re-export them via secondary border gates and
border crossings announced as eligible for goods re-export. Re-export
procedures shall be carried out at customs offices.
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a list of traders eligible to re-export goods via secondary border gates or
border crossings;
d/ Within 10 working days after receiving the list submitted by the
provincial-level Department of Industry and Trade of the border
province, the provincial-level People’s Committee shall announce the list
of traders permitted to re-export goods via secondary border gates or
border crossings; if refusing to select traders, it shall issue a written
reply, stating the reason;
dd/ The People’s Committee of the border province shall notify the
list of traders permitted to re-export goods via secondary border gates or
border crossings to the Ministry of Industry and Trade for coordinated
administration;
e/ Chairpersons of the People’s Committees of border provinces
shall organize and strictly manage the re-export of goods via secondary
border gates or border crossings in accordance with this Article and
prevent smuggling. If smuggling occurs, they shall take responsibility
before the Prime Minister and the re-export of goods via secondary
border gates or border crossings shall be suspended;
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purpose of manufacture, construction, lease, or lending or for another
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purpose according to the following provisions:
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a/ For goods banned from export or import; goods suspended from
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export or import; or goods subject to export quota, import quota or tariff
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quota, or export permit or import permit, except automatic export permit
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or import permit, traders shall obtain a license for temporary export for
re-import from the Ministry of Industry and Trade. The dossier and
procedures for grant of such license must comply with Articles 19 and
20 of this Decree;
b/ For goods other than those referred to at Point a, Clause 1 of this
Article, traders shall carry out temporary export for re-import procedures
at customs offices without having to obtain a license for temporary
export for re-import.
2. Traders may temporarily export for re-import goods with
unexpired warranty period under import contracts or warranty contracts
or agreements signed with foreign partners for the purpose of warranty,
maintenance or repair. Temporary export for re-import procedures shall
be carried out at customs offices without requiring a license for
temporary export for re-import.
3. For goods with expired warranty period under import contracts or
warranty contracts or agreements, their temporary export for re-import
abroad for the purpose of warranty, maintenance or repair must comply
with the following provisions:
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procedures shall be carried out at customs offices without requiring a
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license for temporary export for re-import.
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Particularly, goods banned from export may only be displayed at
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overseas trade fairs or exhibitions after obtaining approval of the Prime
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Minister.
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5. The bringing of relics, antiques and national treasures abroad for
display at exhibitions, research or preservation must comply with the
Law on Cultural Heritages.
6. The Ministry of National Defense and Ministry of Public
Security shall consider and permit temporary export for re-import of
weapons, ammunition and military and security equipment for repair for
national defense and security purposes.
Article 18. Border-gate transfer business
1. Vietnamese traders may conduct the border-gate transfer
business according to the following provisions:
a/ For goods banned from export or import; goods suspended from
export or import; goods not yet permitted for sale or use in Vietnam; or
goods subject to export quota, import quota, tariff quota or export permit
or import permit, except automatic export permit or import permit,
traders shall obtain a license for border-gate transfer business from the
Ministry of Industry and Trade. For the border-gate transfer business by
transporting goods directly from exporting countries to importing
countries not via Vietnam’s border gates, traders are not required to
obtain a license for border-gate transfer business.
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Article 19. Dossiers of application for a license for temporary
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import for re-export business; license for temporary import for re-export;
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transfer business
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license for temporary export for re-import; and license for border-gate
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1. In case of temporary import for re-export business for the goods
specified at Point b, Clause 1, Article 13 of this Decree, a dossier must
comprise:
a/ An application for a license for temporary import for re-export
business, specifying goods for temporary import for re-export business
(names, HS codes, quantity and value of goods); and border gates of
import and export: 1 original;
b/ The business registration certificate or enterprise registration
certificate: 1 copy bearing the trader’s seal;
c/ The import contract and export contract signed by the enterprise
with the foreign customer: 1 copy bearing the trader’s seal, for each
contract;
d/ A report on the compliance with the license for temporary import
for re-export business, specifying the quantity of goods temporarily
imported and quantity of goods actually exported: 1 original.
2. In case of temporary import for re-export in other forms
prescribed at Point a, Clause 1, Article 15 of this Decree, a dossier must
comprise:
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c/ The repair or warranty contract or agreement signed with the
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foreign customer or the goods lease or borrowing contract or agreement:
1 copy bearing the trader’s seal.
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4. In case of border-gate transfer business for the goods prescribed
at Point a, Clause 1, Article 18 of this Decree, a dossier must comprise:
a/ An application for a license for border-gate transfer business,
specifying goods for border-gate transfer business (names, HS codes,
quantity and value of goods); and border gates of import and export: 1
original;
b/ The business registration certificate or enterprise registration
certificate: 1 copy bearing the trader’s seal;
c/ The goods purchase contract and goods sale contract signed by
the trader with the foreign customer: 1 copy bearing the trader’s seal, for
each contract;
d/ A report on the compliance with the license for border-gate
transfer business, specifying the quantity of goods brought into and out
of Vietnam: 1 original.
Article 20. Procedures for grant of a license for temporary import
for re-export business; license for temporary import for re-export; license
for temporary export for re-import; and license for border-gate transfer
business
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lost or misplaced, the trader shall send a written request for modification
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or re-grant of the license and relevant papers to the Ministry of Industry
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and Trade. Within 3 working days after receiving a complete and valid
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dossier, the Ministry of Industry and Trade shall consider modifying and
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re-granting a license to the trader.
Section 2
CONDITIONAL TEMPORARY IMPORT FOR RE-EXPORT
BUSINESS
Article 21. List of goods subject to conditional temporary import
for re-export business
To promulgate together with this Decree:
1. The List of frozen foodstuffs subject to conditional temporary
import for re-export business in Appendix VII to this Decree.
2. The List of excise tax-liable goods subject to conditional
temporary import for re-export business in Appendix VIII to this Decree.
3. The List of used goods subject to conditional temporary import
for re-export business in Appendix IX to this Decree.
Article 22. Separate regulations on conditional temporary import
for re-export business
1. Vietnamese traders established under the Law on Enterprises
(below referred to as enterprises) may carry out conditional temporary
import for re-export business activities when they satisfy the conditions
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the province or city where the enterprise is granted the business
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registration certificate or enterprise registration certificate.
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Article 25. Conditions for temporary import for re-export business
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for used goods
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To conduct the temporary import for re-export business for used
goods listed in Appendix IX to this Decree, an enterprise shall make a
deposit of VND 7 billion at a credit institution located in the province or
city where the enterprise is granted the business registration certificate or
enterprise registration certificate.
Article 26. Codes for temporary import for re-export business
1. The Ministry of Industry and Trade shall grant codes for
temporary import for re-export business to enterprises that satisfy the
conditions specified in Article 23, 24 or 25 of this Decree.
2. A code for temporary import for re-export business prescribed in
this Article is a separate code for each category of goods. An enterprise
that is granted a code for temporary import for re-export business for a
category of goods may conduct temporary import for re-export business
for the goods items belonging to such category.
3. For warehouses and storing yards listed to prove their satisfaction
of the conditions of and for the grant of codes for the temporary import
for re-export business, enterprises may not sublease them to other
enterprises for the purpose of application for a code for temporary import
for re-export business for frozen foodstuffs.
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For a code for temporary import for re-export business for excise
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tax-liable goods or for used goods, within 7 working days after receiving
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a complete and valid dossier, the Ministry of Industry and Trade shall
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consider granting such a code to the enterprise.
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If refusing to grant a code temporary import for re-export business,
the Ministry of Industry and Trade shall issue a written reply, stating the
reason.
4. If wishing to have its code for temporary import for re-export
business modified, or re-granted because it is lost or misplaced, the
enterprise shall send a written request for modification or re-grant of the
code and relevant papers to the Ministry of Industry and Trade. Within 5
working days after receiving a complete and valid dossier, the Ministry
of Industry and Trade shall consider modifying or re-granting the code
for the enterprise.
5. If it is necessary to verify the documents and papers in the
dossier of request for grant of a code for temporary import for re-export
business, the time limit for dossier processing prescribed in Clause 3 or 4
of this Article shall be counted from the time the Ministry of Industry
and Trade receives written replies on the verification from related
agencies.
Article 28. Withdrawal of codes for temporary import for re-export
business
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c/ Fails to make an additional deposit within 30 days from the date
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the Ministry of Industry and Trade issues a notice thereof as prescribed
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in Clause 2, Article 30 of this Decree;
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d/ Fails to abide by the competent agency’s request concerning
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regulation of goods temporarily imported for re-export as prescribed in
Article 14 of this Decree;
dd/ Conducts the temporary import for re-export business without a
permit granted by the Ministry of Industry and Trade under regulations;
e/ Conducts the temporary import for re-export business for goods
banned or suspended from temporary import for re-export;
g/ Shirks the responsibility to handle the goods lots that have
arrived at Vietnam’s ports or border gates under the signed import
contracts;
h/ Arbitrarily sells into the inland goods for the temporary import
for re-export business;
i/ Arbitrarily breaks customs seals of goods for temporary import
for re-export business.
3. Within 2 years from the date an enterprise has its code for
temporary import for re-export business withdrawn under Point a, b, c, d,
dd, h or i, Clause 2 of this Article, such code shall not be re-granted.
4. An enterprise that has its code for temporary import for re-export
business withdrawn under Point e or g, Clause 2 of this Article will not
be considered for re-grant of such code.
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violation-handling agency, issue a written request for the credit
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institution where the enterprise makes a deposit to deduct the deposit for
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paying these expenses.
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The violation-handling agency and provincial-level People’s
Committee concerned shall immediately notify the Ministry of Industry
and Trade of the handling of the violation and use of the deposit for the
latter to request the enterprise to make an additional deposit as
prescribed before resuming the temporary import for re-export business.
3. The enterprise may be refunded the whole or rest of the deposit
after paying the expenses (if any) prescribed in Clause 4, Article 31 of
this Decree in the following cases:
a/ The enterprise’s request for grant of a code for temporary import
for re-export business is rejected by the Ministry of Industry and Trade
as stated in the Ministry’s written refusal to grant such code;
b/ The Ministry of Industry and Trade withdraws the code for
temporary import for re-export business at the enterprise’s request as
prescribed in Clause 1, Article 28 of this Decree;
c/ The enterprise has its code withdrawn under Clause 2, Article 28
of this Decree;
d/ For the cases specified at Points b and c, Clause 3 of this Article,
the refund of the deposit shall be based on the Ministry of Industry and
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during their retention and temporary import for re-export in Vietnam;
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b/ Destroying in-stock goods which cannot be re-exported, and
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temporarily imported goods not the same as the declared ones, which are
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subject to destruction;
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c/ Paying other arising expenses due to the enterprises’ violation of
regulations on temporary import for re-export business and consignment
of goods to bonded warehouses.
5. To make quarterly reports on temporary import for re-export of
goods listed in Appendices VII, VIII and IX to this Decree according to
the forms issued by the Ministry of Industry and Trade.
Section 3
ASSIGNMENT OF THE MANAGEMENT AND ADMINISTRATION
OF TEMPORARY IMPORT FOR RE-EXPORT, TEMPORARY
EXPORT FOR RE-IMPORT AND BORDER-GATE TRANSFER
ACTIVITIES
Article 32. The Ministry of Industry and Trade
1. To urge and guide related ministries, sectors and localities to
implement; inspect, and coordinate with related agencies, organizations
and traders in inspecting the implementation of, regulations on the
management of temporary import for re-export, temporary export for re-
import and border-gate transfer activities prescribed in this Decree.
2. To inspect and certify the conditions on warehouses and storing
yards of enterprises conducting the temporary import for re-export
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responsibility for, and coordinate with related ministries and sectors in,
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managing and administering temporary import for re-export and border-
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gate transfer activities in their localities and take responsibility before
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the Government and Prime Minister for these activities.
4. To coordinate with related ministries and sectors in ensuring
sufficient specialized inspection forces and physical foundations for
inspecting and supervising goods for temporary import for re-export and
border-gate transfer business in their localities, meeting the requirements
on security, national defense, and social order and safety, and
minimizing trade fraud, smuggling, tax evasion, and environmental
pollution.
5. To assume the prime responsibility for, and coordinate with
related ministries and sectors in, taking measures to regulate goods for
temporary import for re-export and border-gate transfer business in case
of goods congestion in their localities; to promptly inform the Ministry
of Industry and Trade of the delivery of goods in localities and propose
management measures in order to avoid goods congestion at ports and
border gates.
6. To assume the prime responsibility for, and reach agreement with
related ministries and sectors before announcing secondary border gates
and border crossings within border-gate economic zones and secondary
border gates outside border-gate economic zones which are eligible for
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temporary import for re-export and border-gate transfer business
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activities; and enterprises’ compliance with regulations on the temporary
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import for re-export and border-gate transfer business in localities;
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the business conditions prescribed in this Decree as authorized by the
Ministry of Industry and Trade;
d/ Notify the Ministry of Industry and Trade of cases of violation of
the regulations on the temporary import for re-export and border-gate
transfer business in localities for coordinated handling.
Article 34. The General Department of Customs
1. Based on its assigned functions and tasks, to inspect, control and
strictly supervise goods for temporary import for re-export from the time
they are imported into Vietnam to the time they are actually exported out
of Vietnam in accordance with the customs law.
2. To provide information and statistics on temporary import for re-
export business activities on a quarterly basis to the Ministry of Industry
and Trade and on an unscheduled basis to serve direction and
administration work at the request of the Ministry of Industry and Trade.
3. To inform the Ministry of Industry and Trade and related
provincial-level People’s Committees of the following cases for
coordination:
Chapter IV
TRANSIT OF GOODS
Article 35. General provisions on transit of goods
1. Transit of goods
a/ For goods being weapons, explosive materials, explosive
precursors or supporting tools, the Ministry of Industry and Trade shall
assume the prime responsibility for, and coordinate with the Ministry of
National Defense and Ministry of Public Security in, proposing the
Prime Minister to consider and decide to permit their transit;
b/ For goods banned from export or import; goods suspended from
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export or import; and goods banned from trading under law, the Ministry
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of Industry and Trade shall consider granting a transit permit;
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c/ For goods other than those specified at Points a and b, Clause 1
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of this Article, transit procedures shall be carried out at customs offices.
2. Transshipment of goods
In case the goods specified at Point b, Clause 1 of this Article are
transported by sea from abroad into transshipment areas in seaports then
brought abroad from such transshipment areas or brought to
transshipment areas in other wharves or seaports before being
transported abroad, transshipment procedures shall be carried out under
the Ministry of Finance’s guidance without requiring a permit of the
Ministry of Industry and Trade.
3. For agreements on goods transit via Vietnam’s territory signed
between Vietnam and bordering countries, the Ministry of Industry and
Trade’s guidance shall be complied with.
4. The transit of goods on the list of highly dangerous goods via
Vietnam’s territory must comply with Vietnam’s law on transportation
of dangerous goods and relevant treaties to which the Socialist Republic
of Vietnam is a contracting party.
5. Owners of in-transit goods shall pay customs fees and other
charges applicable to in-transit goods in accordance with Vietnam’s
current regulations.
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request for the goods owner to complete the dossier;
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c/ Within 7 working days after receiving a complete and valid
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dossier from the goods owner, the Ministry of Industry and Trade shall
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send a written request to the Ministry of National Defense and Ministry
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of Public Security for opinion;
d/ Within 5 working days after receiving the request from the
Ministry of Industry and Trade, the Ministry of National Defense and
Ministry of Public Security shall issue written replies;
dd/ Within 5 working days after receiving opinions from the
Ministry of National Defense and Ministry of Public Security, the
Ministry of Industry and Trade shall send a report thereon to the Prime
Minister for opinion;
e/ Within 5 working days after receiving the Prime Minister’s
opinion, the Ministry of Industry and Trade shall issue a written reply to
the goods owner.
2. In case of transit of goods banned from export or import; goods
suspended from export or import; or goods banned from trading under
law:
a/ The goods owner shall send 1 set of dossier of request for goods
transit as prescribed at Point a, Clause 1 of this Article directly or by post
or online (if possible) to the Ministry of Industry and Trade;
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Traders that register for doing the freight forwarding and
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foreign owners via Vietnam’s territory. nam
transportation business may provide the service of transiting goods for
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FOREIGN-INVOLVED GOODS PROCESSING
Section 1
ACCEPTING TO PROCESS GOODS FOR FOREIGN TRADERS
Article 38. Processing of goods for foreign traders
1. Vietnamese traders may accept to lawfully process goods for
foreign traders, except goods banned from export or import and goods
suspended from export or import.
2. For goods on the list of goods subject to conditional investment
and business, only traders that fully satisfy the law-prescribed conditions
on manufacture of and trading in such goods may conduct export
processing for foreign partners.
3. For goods to be imported in the form of designation of traders
and falling under the management by the State Bank of Vietnam, their
processing must comply with the regulations of the State Bank of
Vietnam.
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after receiving it, the Ministry of Industry and Trade shall issue a written
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request for the trader to complete the dossier;
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c/ Within 5 working days after receiving a complete and valid
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dossier, the Ministry of Industry and Trade shall send a written request to
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related ministries and ministerial-level agencies for opinion;
d/ Within 5 working days after receiving the request from the
Ministry of Industry and Trade, related ministries and ministerial-level
agencies shall send written replies to the Ministry of Industry and Trade;
dd/ Within 5 working days after receiving the replies from related
ministries and ministerial-level agencies, the Ministry of Industry and
Trade shall grant a processing permit to the trader; in case of refusal to
grant the permit, it shall issue a written reply stating the reason;
e/ If the trader possesses a certificate of eligibility for manufacture
and business for the goods to be processed for foreign traders, the
Ministry of Industry and Trade shall consider granting a processing
permit to the trader within 5 working days after receiving a complete and
valid dossier without having to consult related ministries and ministerial-
level agencies as prescribed at Point c, Clause 3 of this Article;
g/ If wishing to have a processing permit modified, or re-granted
because it is lost or misplaced, the trader shall send a written request for
modification or re-grant of the permit and relevant papers to the Ministry
of Industry and Trade. Within 5 working days after receiving a complete
and valid dossier, the Ministry of Industry and Trade shall consider
modifying or re-granting the permit for the trader.
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7. Methods of disposing of scraps, refuses and waste products, and
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principles of handling leased or borrowed machinery and equipment and
completed.
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surplus materials, auxiliary materials and supplies after the contract is
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8. Place and time of delivery.
9. Labels and origin of goods.
10. Validity term of the contract.
Article 40. Use norms, consumption norms and permissible loss
ratios of materials, auxiliary materials and supplies
1. Use norms, consumption norms and permissible loss ratios of
materials, auxiliary materials and supplies shall be agreed upon by the
parties in a processing contract, taking into account norms and
permissible loss ratios applied in related manufacture and processing
industries of Vietnam at the time of signing the contract.
2. At-law representatives of traders that directly accept to conduct
processing shall take responsibility before law for the use of imported
materials, auxiliary materials and supplies for processing purposes and
for the accuracy of use norms, consumption norms and permissible loss
ratios of materials and auxiliary materials used for processing.
Article 41. Rent, borrowing and import of machinery and
equipment of processing-ordering parties for performance of processing
contracts
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d/ To take responsibility for the right to use trademarks and origin
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of goods;
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dd/ To comply with Vietnam’s laws concerning processing
activities and terms of the signed processing contract;
e/ To export on the spot processed products; machinery and
equipment leased or lent; surplus materials, auxiliary materials and
supplies; and waste products and scraps as agreed upon in writing by the
involved parties in accordance with current regulations on management
of goods export and import; to fulfill tax obligations and other financial
obligations in accordance with law.
2. For the processing-accepting party:
a/ To be entitled to export duty and import duty exemption under
the laws on taxes with regard to temporarily imported goods based on
norms and permissible loss ratios for performance of the processing
contract, and with regard to products processed for export;
b/ To hire other traders to conduct processing;
c/ To be supplied with part or the whole of materials, auxiliary
materials and supplies for processing as agreed upon in the processing
contract; to pay export duty on domestically purchased materials,
auxiliary materials and supplies in accordance with the Law on Import
Duty and Export Duty;
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taxes, and other financial obligations as prescribed by law shall be
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complied with;
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b/ There must be purchase and sale contracts signed between
foreign traders or their lawful authorized persons and importers.
Article 43. Subsequent processing
Traders may carry out subsequent processing, specifically as
follows:
1. Processed products under a processing contract may be used as
processing materials for another processing contract in Vietnam.
2. Processed products under a processing contract at a stage may be
delivered to the trader designated by the processing-ordering party for
processing under a processing contract at the subsequent stage.
Article 44. Notification, liquidation and finalization of processing
contracts
1. Before performing a processing contract, organizations and
individuals shall notify it to the customs office. When the processing
contract is completed or expires, the contracting parties shall liquidate it
and send a periodical report on finalization of the use of materials,
supplies and exported products to the customs office.
The Ministry of Finance shall guide the procedures for notification
and finalization of processing contracts to/with customs offices.
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Natural Resources and Environment and shall be destroyed under
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customs supervision. If they are not permitted to be destroyed in
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Vietnam, they shall be re-exported as designated by the processing-
ordering party.
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5. The donation of machinery, equipment, materials, auxiliary
materials, supplies, scraps and discarded products is prescribed below:
a/ The processing-ordering party shall issue a document on
donation;
b/ The donee shall carry out import procedures under regulations on
import; and pay import duty and other taxes (if any) and register assets
under current regulations;
c/ Scraps and discarded products within the use norms and
permissible loss ratios which are permitted to be imported are not
required to undergo customs procedures and are eligible for import duty
exemption, but are subject to value-added tax and enterprise income tax.
Article 45. Customs procedures
The Ministry of Finance shall guide customs procedures and
financial obligations for processed products for export and supervise
export and import activities related to processing contracts.
Article 46. Other forms of processing, repair and recycling of
machinery and equipment
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subject to customs supervision from the time they are imported to the
Vietnam.
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time the products of military uniforms are actually exported out of
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4. A dossier of application for a permit to produce and process
military uniforms for foreign armed forces must comprise:
a/ An application for a permit, specifying the names, quantity,
value, and port of arrival of the products of military uniforms: 1 original;
b/ The business registration certificate or enterprise registration
certificate or investment certificate: 1 copy bearing the trader’s seal;
c/ The order or a written request for contract signing, together with
2 color photos for each specimen military uniform product ordered to be
manufactured or processed: 2 copies bearing the trader’s seal;
Such order or request must have at least the following details:
names, addresses and telephone numbers of the parties ordering and
accepting the manufacture or processing; names, quantity and payment
value or processing prices, payment time limit and method, and place
and time of delivery.
d/ In addition to the papers specified at Points a, b and c, Clause 4
of this Article, a trader shall enclose the dossier with one of the
following documents:
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dd/ Particularly for the US market, traders shall submit a copy of
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the paper with manufacturer identification (MID) numbers of textiles and
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garments exported to the US, issued by the Ministry of Industry and
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Trade.
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5. Procedures for grant of a permit to produce and process military
uniforms for export for foreign armed forces
a/ A trader shall submit 1 dossier set prescribed in Clause 4 of this
Article directly, by post or online (if possible) to the Ministry of Industry
and Trade;
b/ If the dossier is incomplete or invalid, within 3 working days
after receiving it, the Ministry of Industry and Trade shall notify such to
the trader for completing the dossier;
c/ Within 7 working days after receiving a complete and valid
dossier, the Ministry of Industry and Trade shall send a written request to
the Ministry of National Defense or Ministry of Public Security for
opinion;
d/ Within 5 working days after receiving the request from the
Ministry of Industry and Trade, the Ministry of National Defense or
Ministry of Public Security shall issue a written reply;
dd/ Within 5 working days after receiving the reply from the
Ministry of National Defense or Ministry of Public Security, the
Ministry of Industry and Trade shall grant a permit to the trader; in case
of refusal, it shall issue a written reply, stating the reason;
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materials and supplies, and scraps and discarded products according to
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current regulations under the supervision by the Ministry of National
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Defense, Ministry of Natural Resources and Environment, Ministry of
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Industry and Trade and General Department of Customs;
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c/ To work with, and provide dossiers and documents at the request
of, licensing agencies and related agencies that inspect manufacturing
facilities after the trader is granted a permit;
d/ To take responsibility before law for the accuracy and
truthfulness of information in the dossier of application for a permit.
7. In addition to the provisions of this Article, the processing of
military uniforms must comply with the provisions on foreign-involved
goods processing in Chapter V of this Decree.
8. Import of specimen military uniforms
a/ Traders that possess a permit for manufacture and processing of
military uniforms for foreign armed forces under Article 47 of this
Decree may import specimen military uniforms for manufacture and
processing;
b/ If a trader has not yet been granted a permit for manufacture and
processing of military uniforms, the import of specimen military
uniforms for study, manufacture and processing is prescribed below:
- The trader shall submit 1 original of the written registration for
import of specimen military uniform products, specifying the names,
quantity, ordering country, and final user of the products, together with 2
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imported under this Article must not exceed 5 for each product code.
a Section 2
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ORDERING OF OVERSEAS PROCESSING OF GOODS
Article 48. Processing-ordering contracts and customs procedures
Contracts to order overseas processing of goods and customs
procedures for the export and import of goods ordered to be processed
must comply with Articles 39 and 45 of this Decree.
Article 49. Rights and obligations of traders ordering overseas
processing of goods
1. To comply with the provisions on management of overseas
processing of goods of Article 52 of the Law on Foreign Trade
Management.
2. To take responsibility for the right to use goods trademarks and
origin of goods.
3. To temporarily export machinery, equipment, materials, auxiliary
materials and supplies or transfer them from a third country to the
processing-accepting party for performance of processing contracts.
4. To re-import processed products. To re-import surplus
machinery, equipment, materials, auxiliary materials and supplies upon
completion of processing-ordering contracts.
Chapter VI
GOODS PURCHASE AND SALE AGENTS WITH FOREIGN
PARTNERS
Section 1
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V i e t nam
GOODS PURCHASE AND SALE AGENTS FOR FOREIGN
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Article 50. Traders acting as goods purchase and sale agents for
foreign traders
1. Traders may act as purchase and sale agents for foreign traders
for the goods outside the list of goods banned or suspended from export
or the list of goods banned or suspended from import. For goods to be
exported or imported under permits, traders may only sign agency
contracts after obtaining a permit from their managing ministries or
ministerial-level agencies.
2. If it is prescribed by a law that an agent may sign an agency
contract with only one principal for a certain type of goods or service,
traders shall comply with such law.
3. Traders acting as goods purchase agents shall request foreign
traders to transfer money in freely convertible foreign currencies via
bank for purchasing goods under agency contracts.
4. Traders acting as goods purchase agents shall register, declare
and pay taxes and perform other financial obligations related to goods
under goods purchase and sale agency contracts and their business
activities in accordance with law.
Article 51. Tax obligations
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HIRING OF FOREIGN TRADERS TO ACT AS OVERSEAS SALE
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Article 54. Hiring of foreign traders to act as overseas sale agents
1. Vietnamese traders may hire foreign traders to act as overseas
sale agents for the goods outside the list of goods banned or suspended
from export.
2. Traders that hire overseas sale agents shall sign agency contracts
with foreign traders and transfer money amounts collected from sale
contracts back to Vietnam under regulations on foreign exchange
management and the guidance of the State Bank of Vietnam.
3. If receiving goods as payments, traders shall comply with the
current regulations on goods import.
Article 55. Tax obligations
1. Goods under overseas sale agency contracts are liable to taxes
and other financial obligations in accordance with Vietnam’s law.
2. Traders shall register, declare and pay taxes and perform other
financial obligations related to the hiring of foreign traders to act as
overseas sale agents under the guidance of the Ministry of Finance.
Article 56. Receipt back of goods
Chapter VII
COORDINATION IN THE SETTLEMENT OF DISPUTES OVER
THE APPLICATION OF FOREIGN TRADE MANAGEMENT
MEASURES
Section 1
GENERAL PROVISIONS
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Article 57. Coordination principles
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1. Responsible agencies and related agencies, organizations and
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individuals shall coordinate with each other in settling disputes over the
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application of foreign trade management measures in an active,
comprehensive, accurate, prompt and effective manner in accordance
with this Decree and Vietnam’s law in order to protect lawful rights and
interests of Vietnam to the best.
2. Coordination between responsible agencies and related agencies,
organizations and individuals in settling disputes over the application of
foreign trade management measures must comply with the provisions on
dispute settlement of the treaties to which the Socialist Republic of
Vietnam is a contracting party, which prescribe the settlement of
disputes over the application of foreign trade management measures
being objects of the disputes (below referred to as treaties on dispute
settlement).
3. Responsible agencies and related agencies, organizations and
individuals shall take responsibility before law for the consequences
from their non-coordination or unsatisfactory coordination as required in
Clause 1 of this Article.
4. Responsible agencies and related agencies, organizations and
individuals are obliged to protect state secrets in accordance with law,
keep confidential information relating to the dispute settlement process
under relevant treaties on dispute settlement.
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5. Performing tasks related to the settlement of disputes over the
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application of foreign trade management measures in the proceedings
conducted by an arbitration or a competent international authority that is
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established and operates on the basis of treaties on dispute settlement
(below referred to as arbitration or competent international authority).
6. Performing, coordinating in, and dealing with contents related to
the enforcement of awards and decisions issued by the arbitration or
competent international authority, and reviewing the compliance with
such awards and decisions.
Article 59. Responsible agencies
1. Agencies responsible for disputes over the application of foreign
trade management measures are state agencies assigned by the
Government to manage and monitor such foreign trade management
measures, unless otherwise provided by treaties on dispute settlement
applicable to such measures.
2. In case two or more state agencies are assigned to manage and
monitor foreign trade management measures involved in a specific
dispute, these agencies shall reach agreement to select one of them to act
as the responsible agency, then report such to the Prime Minister and
send a written notice thereof to the Ministry of Industry and Trade.
3. In case the Vietnamese Government is sued, within 3 (three)
working days after receiving a consultation request, if the involved
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d/ To coordinate with the focal-point agency and related agencies,
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organizations and individuals in formulating plans on settlement of
disputes over the application of foreign trade management measures;
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dd/ To assume the prime responsibility for, and coordinate with the
focal-point agency and related agencies, organizations and individuals
in, appointing an arbitrator in case of formation of an arbitration to settle
disputes over the application of foreign trade management measures;
e/ To assume the prime responsibility for, and coordinate with the
focal-point agency in, selecting, hiring and supervising lawyer practice
organizations (below referred to as lawyers) in providing counseling on
the settlement of disputes over the application of foreign trade
management measures;
g/ To assume the prime responsibility for, and coordinate with
related agencies, organizations and individuals in, settling matters related
to disputes over the application of foreign trade management measures,
including the hiring of technical experts and invitation of witnesses in
the dispute settlement process;
h/ To attend hearings held by the arbitration or competent
international body;
i/ To report to the Prime Minister, focal-point agency and
competent state agencies on matters related to disputes over the
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c/ To coordinate with the responsible agency in hiring lawyers to
settle disputes over the application of specific foreign trade management
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measures; w
d/ To coordinate with the responsible agency in appointing an
arbitrator in case of formation of an arbitration to settle disputes over the
application of foreign trade management measures;
dd/ To assume the prime responsibility for, and coordinate with the
responsible agency and related agencies, organizations and individuals
in, preparing plans on the settlement of disputes over the application of
foreign trade management measures;
e/ On behalf of the Vietnamese Government, to attend hearings on
disputes over the application of foreign trade management measures
when necessary or at the request of the responsible agency;
g/ To assign a representative to attend the hearings held by the
arbitration or competent international body;
h/ To coordinate with the responsible agency and related agencies,
organizations and individuals in, enforcing awards and decisions issued
by the arbitration or competent international body;
i/ To make and update the list of specialists who can act as
arbitrators and list of lawyers for the Government and state agencies of
V i e t nam
the responsible agency and focal-point agency;
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c/ To request the responsible agency to provide or add information
about disputes over the application of foreign trade management
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measures to serve performance of their tasks.
Section 2
COORDINATION IN THE SETTLEMENT OF DISPUTES
INVOLVING LAWSUITS INITIATED BY FOREIGN
GOVERNMENTS
Article 62. Receipt of information and documents relating to the
settlement of disputes over the application of foreign trade management
measures
1. Agencies, organizations and individuals assigned to perform the
state management of foreign trade shall receive information about
possible lawsuits and notices from the arbitration or competent
international authority or notices from foreign governments of the
initiation of lawsuits against disputes over the application of foreign
trade management measures at the arbitration or competent international
authority, and immediately report such to their superior agencies as well
as the focal-point agency.
2. If receiving information about possible lawsuits and notices from
the arbitration or competent international authority or notices from
foreign governments of the initiation of lawsuits against disputes over
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a/ The responsible agency defined in Clause 1, Article 59 of this
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Decree;
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b/ The Government Office, for submission to the Prime Minister to
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decide on the responsible agency under Clauses 2, 3 and 4, Article 59 of
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this Decree.
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focal-point agency as prescribed at Point b, Clause 3 of this Article, the
Government Office shall submit to the Prime Minister for the latter to
decide to appoint the responsible agency.
Within 3 working days after the Prime Minister decides to appoint
the responsible agency, the Government Office shall send a notice of this
decision to the responsible agency for implementation.
Article 63. Making and implementation of plans on settlement of
disputes over the application of foreign trade management measures
1. The focal-point agency shall assume the prime responsibility for,
and coordinate with the responsible agency, related agencies,
organizations and individuals, and lawyers (if any) in, preparing plans on
settlement of disputes over the application of foreign trade management
measures and submit them to the Prime Minister for approval within 35
working days after receiving information about possible lawsuits as
prescribed in Clause 1 or 2, Article 62 of this Decree.
2. A plan on settlement of a dispute over the application of foreign
trade management measures must have the following contents:
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agency, related agencies, organizations and individuals, and lawyers (if
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any) in, organizing the implementation of plans on settlement of disputes
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over the application of foreign trade management measures. When
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necessary and to suit reality, the focal-point agency shall coordinate with
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the responsible agency, related agencies, organizations and individuals,
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and lawyers (if any) in, modifying these plans.
4. The focal-point agency shall send plans on settlement of disputes
over the application of foreign trade management measures and
modifications (if any) under Clauses 2 and 3 of this Article to the Prime
Minister and responsible agency.
5. The responsible agency shall notify (on a monthly or quarterly
basis or depending on the complexity and development of a dispute over
the application of foreign trade management measures) the focal-point
agency of the implementation of plans on settlement of disputes over the
application of foreign trade management measures. The focal-point
agency shall monitor the implementation of these plans by the
responsible agency and coordinate in promptly handling problems
arising during the implementation of such plans.
6. Plans on settlement of disputes over the application of foreign
trade management measures shall be preserved as confidential
documents.
Article 64. Responsibilities to receive and settle consultation
requests
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and organizations and individuals assigned to perform the state
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management of foreign trade shall immediately report on the consulted
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disputes to their superior agencies and focal-point agency if deeming
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that:
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a/ The consulted measures show signs of violating law or treaties
concerning the application of foreign trade management measures to
foreign governments, that are likely to affect lawful rights and interests
of Vietnam or foreign partners; or,
b/ It is impossible to thoroughly settle the consultation requests of
foreign governments; or,
c/ A dispute concerning the application of foreign trade
management measures is likely to occur.
2. State agencies and organizations and individuals assigned to
perform the state management of foreign trade shall, in the course of
consulting foreign governments, regularly notify the consultation
situation and results to the focal-point agency and competent state
agencies for coordination according to the dispute settlement process.
3. In the course of consulting foreign governments, state agencies
and organizations and individuals assigned to perform the state
management of foreign trade shall, if deeming it appropriate, conduct
negotiation and conciliation with foreign governments under plans
approved by their superior authorities after consulting the focal-point
agency.
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2. State agencies and organizations and individuals assigned to
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perform the state management of foreign trade shall propose, and
participate in settling, consultation requests for the application of foreign
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trade management measures when detecting that foreign trade
management measures of foreign governments are likely to affect or
infringe lawful rights and interests of Vietnam under treaties concerning
the application of foreign trade management measures, or when
requested by traders or trade associations.
Article 68. Handling of cases in which the consulted measures
show signs of violating commitments of treaties concerning application
of foreign trade management measures
1. In the course of consulting foreign governments, state agencies
and organizations and individuals assigned to perform the state
management of foreign trade shall immediately report on the consulted
disputes to their superior agencies and notify such to the focal-point
agency if deeming that:
a/ The consulted measures show signs of violating foreign
commitments toward Vietnam under treaties concerning the application
of such foreign trade management measures, that are likely to affect
lawful rights and interests of Vietnam; or;
b/ It is impossible to thoroughly settle the consultation requests of
the Vietnamese Government; or,
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decision to the responsible agency for implementation.
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4. State agencies and organizations and individuals assigned to
perform the state management of foreign trade shall, in the course of
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consulting foreign governments, regularly notify the consultation
situation and results to the focal-point agency and competent state
agencies for coordination according to the dispute settlement process.
5. In the course of consulting foreign governments, state agencies
and organizations and individuals assigned to perform the state
management of foreign trade shall, if deeming it appropriate, conduct
negotiation and conciliation with foreign governments under plans
approved by their superior authorities after consulting the focal-point
agency.
Article 69. Making and implementation of plans on settlement of
disputes over the application of foreign trade management measures
1. The focal-point agency shall assume the prime responsibility for,
and coordinate with the responsible agency, related agencies,
organizations and individuals, and lawyers (if any) in, preparing plans on
settlement of disputes over the application of foreign trade management
measures and submit them to the Prime Minister for approval within 20
working days after the consultation process is completed under Article
67 of this Decree.
Chapter VIII
ORGANIZATION OF IMPLEMENTATION AND
IMPLEMENTATION PROVISIONS
Article 70. Organization of implementation
1. Pursuant to this Decree, ministries and ministerial-level agencies
shall promulgate, or submit to competent authorities for promulgation,
documents detailing and guiding the implementation of this Decree.
2. The Ministry of Industry and Trade shall assume the prime
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responsibility for, and coordinate with other ministries, ministerial-level
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agencies and provincial-level People’s Committees in, inspecting the
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implementation of this Decree; detect provisions (if any) of legal
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documents promulgated by ministries or ministerial-level agencies which
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are contrary to this Decree and notify them to such ministries and
agencies for amendment, or submit to competent authorities for
promulgation regulations guiding the implementation of this Decree.
3. The Ministry of Finance shall direct the customs sector to make
plans on provision of periodical and unscheduled data on enterprises
engaged in export, import or temporary import for re-export business;
business types; and export and import turnovers by commodity and
market to the Ministry of Industry and Trade and related ministries and
ministerial-level agencies engaged in management and administration of
export, import and temporary import for re-export activities.
Article 71. Responsibilities of traders engaged in foreign trade
activities
1. To take responsibility before law for the accuracy and
truthfulness of information, documents and dossiers submitted or
presented to competent agencies.
2. To comply with regulations and fully perform their
responsibilities and obligations prescribed by the Law on Foreign Trade
Management, Commercial Law, this Decree, and relevant laws.
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secondary border gates and border crossings eligible for goods re-export
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and selection of traders eligible to re-export goods shall be complied
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with until they cease to be effective.
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4. Certificates of codes for temporary import for re-export business
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granted by the Ministry of Industry and Trade to enterprises before the
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effective date of this Decree will remain valid until their expiry dates.
5. The import of goods banned from import for scientific research,
processing, re-processing or repair must still comply with the
Government’s Decree No. 187/2013/ND-CP through December 31,
2018.
6. The import of used machinery, equipment and technological lines
must continue to comply with current regulations of the Ministry of
Science and Technology through December 31, 2018.
7. Legal documents promulgated by ministries or ministerial-level
agencies guiding the implementation of the Government’s Decree No.
187/2013/ND-CP of November 20, 2013, will continue to be complied
with through December 31, 2018.
Article 73. Implementation provisions
1. This Decree takes effect on the date of its signing.
2. This Decree annuls:
a/ The Government’s Decree No. 187/2013/ND-CP of November
20, 2013, detailing the Commercial Law regarding international goods
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On behalf of the Government
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Prime Minister
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NGUYEN XUAN PHUC
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* The appendices to this Decree are not translated.
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