THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 28/2012/TT-BCT of September 27, 2012, detailing the registration of the import right and export right of foreign traders without presence in Vietnam
Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; and the Government’s Decree No. 44/2011/ND-CP of June 14, 2011, amending and supplementing Article 3 of Decree No. 189/2007/ND-CP;
Pursuant to the Government’s Decree No. 90/2007/ND-CP of May 31, 2007, on the import right and export right of foreign traders without presence in Vietnam;
Pursuant to the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding goods trading activities and activities directly related to goods trading of foreign-invested enterprises in Vietnam;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law’s provisions on international trading activities and agency, purchase, sale, processing and transit of goods with foreign parties.
The Minister of Industry and Trade promulgates this Circular detailing the registration of the import right and export right of foreign traders without presence in Vietnam as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular provides the grant, re-grant, modification, supplementation, extension and revocation of registration certificates of the import right and export right of foreign traders without presence in Vietnam.
2. This Circular applies to foreign traders of countries and territories which are members of the World Trade Organization (WTO), countries and territories which have bilateral agreements with Vietnam on the import right and export right, and other organizations and individuals involved in import and export activities of foreign traders without presence in Vietnam.
3. This Circular does not govern trading activities in border markets, border-gate markets and markets in border-gate economic zones of traders of countries bordering on Vietnam.
Article 2. Exercise of the export right
1. A foreign trader without presence in Vietnam (below referred to as trader without presence) that has obtained a registration certificate of the import right and export right may exercise the export right as follows:
a/ To export goods outside the lists of goods banned from export, goods subject to export suspension, and goods ineligible for export under international commitments. Conditional exports must satisfy law-prescribed conditions;
b/ For exports on the list of goods to be exported under an internationally committed roadmap, to comply with the committed roadmap;
c/ To directly carry out goods export procedures at the customs office in accordance with law under goods purchase contracts signed with Vietnamese traders;
d/ To export goods conformable to its registration certificate of the import right and export right.
2. A trader without presence may directly purchase goods only from a Vietnamese trader with business registration or the right to export or distribute for export such goods; and may not organize a network to purchase goods in Vietnam for export, including opening places for purchase of goods for export, unless otherwise provided by Vietnamese law or a treaty to which the Socialist Republic of Vietnam is a contracting party.
Article 3. Exercise of the import right
1. A trader without presence that has obtained a registration certificate of the import right and export right may exercise the import right as follows:
a/ To import goods outside the lists of goods banned from import, goods subject to import suspension, and goods ineligible for import under international commitments. Conditional imports must satisfy law-prescribed conditions;
b/ For imports on the list of goods to be imported under an internationally committed roadmap, to comply with the committed roadmap;
c/ To directly carry out goods import procedures at the customs office in accordance with law under goods sale contracts signed with Vietnamese traders;
d/ To import goods conformable to its registration certificate of the import right and export right.
2. A trader without presence may directly sell imported goods only to a Vietnamese trader with business registration or the right to distribute such goods; and may not organize or participate in a goods distribution network in Vietnam, unless otherwise provided by Vietnamese law or a treaty to which the Socialist Republic of Vietnam is a contracting party.
Chapter II
DOSSIERS AND PROCEDURES FOR GRANT, RE-GRANT, MODIFICATION, SUPPLEMENTATION, EXTENSION OR REVOCATION OF REGISTRATION CERTIFICATES OF THE IMPORT RIGHT AND EXPORT RIGHT
Article 4. Procedures for grant, re-grant, modification, supplementation or extension
1. A trader without presence shall submit 1 (one) dossier to the Ministry of Industry and Trade (the Import and Export Department) for consideration and grant, re-grant, modification, supplementation or extension of a registration certificate of the import right and export right.
2. The time limit for grant, re-grant, modification, supplementation or extension of a registration certificate of the import right and export right complies with Article 9, 12 or 13 of the Government’s Decree No. 90/2007/ND-CP of May 31, 2007, providing the import right and export right of foreign traders without presence in Vietnam (below referred to as Decree No. 90/2007/ND-CP).
3. The validity duration of a registration certificate of the import right and export right is 5 (five) years.
Article 5. Dossiers of application for registration certificate of the import right and export right
1. A dossier of application for a registration certificate of the import right and export right comprises:
a/ An application for a registration certificate of the import right and export right, made according to a set form;
b/ The original written certification that the trader without presence is neither deprived of the right to commercial operation nor serving a punishment related to commercial activities under the law of the country in which the foreign trader is established. This certification must be made by a competent agency of the country in which the trader registers its establishment;
c/ The original written certification that the trader without presence has neither previous convictions nor limited or lost civil act capacity for individual traders without presence, or representatives at law for traders without presence being economic organizations. This certification must be made by a competent agency of the country in which the trader registers its establishment;
d/ Certified copy of the business registration certificate or equivalent paper, for traders without presence being economic organizations; or certified copy of the identity card, passport or another lawful personal identification paper, for individual traders;
e/ Certified copy of the audited financial statement or written certification of the fulfillment of tax or financial obligations in the latest year by a competent agency of the country in which the foreign trader is established or other documents on the existence and operation of the foreign trader in the latest fiscal year issued or certified by competent agencies in accordance with the law of that country;
f/ Original written certification of operating capital and bank account number in the country in which the foreign trader is established;
g/ Written agreement between the trader without presence and its representative in Vietnam, clearly stating their names, contact addresses and telephone numbers;
h/ Certified copy of the business registration certificate of the economic organization representing the trader without presence or certified copy of the identity card, passport or another lawful personal identification paper, for an individual representative.
3. The documents provided at Points b, c, d, e and f, Clause 2 of this Article must be translated into Vietnamese and consularly legalized in accordance with Vietnamese law. If the document specified at Point g, Clause 2 of this Article is in a foreign language, it must be translated into Vietnamese and notarized or consularly legalized.
Article 6. Dossiers of modification, supplementation or re-grant of registration certificates of the import right and export right
1. When modifying or supplementing one of the contents indicated in its registration certificate of the import right and export right, a trader without presence shall notify such to the certificate granting agency and concurrently carry out procedures for modifying or supplementing its certificate.
2. A dossier of request for modification, supplementation or re-grant of a registration certificate of the import right and export right comprises:
a/ An application for modification, supplementation or re-grant of a registration certificate of the import right and export right, made according to a set form;
b/ The original certificate, or its certified copy or a certification by a functional agency in case the original certificate is lost, burnt or destroyed;
c/ A Vietnamese tax office’s original written certification that the trader without presence has fulfilled all tax and financial obligations toward the Vietnamese State by the time the trader applies for modification or supplementation of its certificate;
d/ Certified copy of the business registration certificate or an equivalent paper, for traders being economic organizations; or certified copy of the identity card, passport or another lawful personal identification paper, for individual traders;
e/ Certified copy of the legal paper proving changes in the contents of the certificate.
3. The documents provided at Point d and e, Clause 2 of this Article must be translated into Vietnamese and consularly legalized in accordance with Vietnamese law.
Article 7. Dossiers of extension of registration certificates of the import right and export right
1. A dossier of request for extension of a registration certificate of the import right and export right comprises:
a/ An application for extension of a registration certificate of the import right and export right, made according to a set form;
b/ The original certificate or its certified copy in case the original certificate is lost, burnt or destroyed;
c/ Certified copy of the audited financial statement or written certification of the fulfillment of tax or financial obligations in the latest year by a competent agency of the country in which the foreign trader is established or other documents on the existence and operation of the foreign trader in the latest fiscal year issued or certified by independent and competent agencies in accordance with the law of that country;
d/ A report on import and export activities from the time of obtaining the certificate to the time of requesting for extension on the basis of summarizing the annual operation reports provided in Clause 1, Article 12 of this Circular;
e/ A Vietnamese tax office’s original written certification that the trader without presence has fulfilled all tax and financial obligations toward the Vietnamese State by the time it applies for extension of its certificate.
2. The documents provided at Point c and d, Clause 1 of this Article must be translated into Vietnamese and consularly legalized in accordance with Vietnamese law.
3. When the validity duration of an extended registration certificate of the import right and export right expires, a trader without presence that wishes to further register its import right and export right shall carry out extension procedures as for the first extension mentioned above.
Article 8. Extension and modification or supplementation of registration certificates of the import right and export right
For a trader without presence that applies for extension together with modification or supplementation of its registration certificate of the import right and export right, the dossier of request for extension and modification or supplementation complies with Articles 6 and 7 of this Circular, with the application for extension and modification of the certificate, made according to a set form.
Article 9. Termination of the import right and export right in Vietnam
1. The termination of the import right and export right in Vietnam of traders without presence complies with Article 14 of Decree No. 90/2007/ND-CP.
2. A trader without presence that terminates its import right and export right under Points a and b, Clause 1, Article 14 of Decree No. 90/2007/ND-CP shall send to the Ministry of Industry and Trade a notice of its planned operation termination, made according to a set form.
Article 10. Revocation of registration certificates of the import right and export right
Traders without presence have their registration certificates of the import right and export right revoked under Clause 2, Article 15 of Decree No. 90/2007/ND-CP.
Chapter III
RESPONSIBILITIES FOR NOTIFICATION AND REPORTING OF OPERATION OF TRADERS WITHOUT PRESENCE
Article 11. Notification of operation
1. After obtaining a new, modified, supplemented or extended registration certificate of the import right and export right, a trader without presence shall notify the contents of such certificate in the popular mass media in accordance with Clause 3, Article 9, Clause 4, Article 12, and Clause 6, Article 13 of Decree No. 90/2007/ND-CP.
2. The popular mass media include television, radio, online news services and newspapers distributed across Vietnam.
Article 12. Regular and irregular operation reporting
1. Annual operation reports of traders without presence must be audited financial statements made according to a set form, be translated into Vietnamese and consularly legalized or certified by Vietnamese notary offices, and annually sent to the Import and Export Department of the Ministry of Industry and Trade on March 31 of the subsequent year at the latest.
2. When necessary, a trader without presence shall provide information and make reports at the request of the Ministry of Industry and Trade to serve the state management. Information and reports shall be sent to the Ministry of Industry and Trade within 5 (five) working days after receiving a written request from the Ministry of Industry and Trade.
3. Other financial statements and statistical reports of traders without presence comply with Vietnamese law.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 13. Implementation responsibilities
1. The Import and Export Department shall assist the Minister of Industry and Trade in granting, re-granting, modifying, supplementing, extending and revoking registration certificates of the import right and export right of traders without presence in accordance with Clause 1, Article 6 of Decree No. 90/2007/ND-CP and this Circular.
2. A registration certificate of the import right and export right granted to a trader without presence shall be made in 3 (three) copies to be sent to the trader without presence (1 copy); the Ministry of Industry and Trade (1 copy) for file; and the General Department of Customs (1 copy) for coordinated management.
3. The Vietnam E-Commerce and Information Technology Agency of the Ministry of Industry and Trade shall develop and apply a software to manage information on traders without presence and coordinate with the Import and Export Department in updating and publishing related statistics and information in the state management of traders without presence on the website of the Ministry of Industry and Trade at http://www.moit.gov.vn.
4. The levels and regimes on collection, remittance, management and use of the fee for registration certificates of the import right and export right applicable to traders without presence comply with the Finance Minister’s Decision No. 108/2007/QD-BTC of December 26, 2007, prescribing the rates and collection, remittance, management and use of the fee for registration certificates of the import right and export right applicable to foreign traders without presence in Vietnam.
Article 14. Effect
This Circular takes effect on November 15, 2012.-
Minister of Industry and Trade
VU HUY HOANG
Vietnamese
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