Decision No. 1428/2002/QD-BTM dated November 19, 2002 of the Ministry of Trade promulgating the regulation on shops for lao goods display and sale in Vietnam

DECISION

PROMULGATING THE REGULATION ON SHOPS FOR LAO GOODS DISPLAY AND SALE IN VIETNAM

THE MINISTER OF TRADE

Pursuant to the August 13, 2002 Agreement on Economic, Cultural, Scientific and Technical Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao Peoples Democratic Republic;

In furtherance of the Prime Ministers directing opinions on the opening of shops for Lao goods display and sale in Vietnam in the Government Offices Document No. 3492/VPCP-KTTH of June 27, 2002;

In order to further strengthen the trade ties between the Socialist Republic of Vietnam and the Lao Peoples Democratic Republic through the display and sale of Lao goods in Vietnam,

DECIDES:

Article 1.-To issue together with this Decision the Regulation on shops for Laos goods display and sale in Vietnam.

Article 2.-This Decision takes effect 15 days after its signing.

REGULATION

ON SHOPS FOR LAO GOODS DISPLAY AND SALE IN VIETNAM
(Issued together with Decision No. 1428/2002/QD-BTM of November 19, 2002 of the Minister of Trade)

Article 1.-General provisions

1. Shops for Lao goods display and sale in Vietnam (hereinafter called shops for short) are those opened in Vietnam by Lao enterprises under the provisions of this Regulation for Lao goods display and sale in Vietnam.

2. The shops operation shall be subject to the inspection and supervision by the provincial/municipal Trade Services of the localities where they are opened, and by competent agencies of Vietnam.

Article 2.-Conditions for being granted shop-opening permits

Lao enterprises wishing to open shops must meet the following conditions:

1. Being enterprises set up under Lao laws;

2. Being approved by the Lao Trade Ministry;

3. Being granted shop-opening permits by the Vietnamese Trade Ministry.

Article 3.-Dossiers of application for permits

A dossier of application for a shop-opening permit includes:

1. The application for shop-opening permit, signed by the head of the Lao enterprise (according to set form).

2. A copy of the business registration certificate or paper of the same value as business registration certificate of the Lao enterprise, which is authenticated by a Lao competent agency, and the Vietnamese version of the above-said paper, authenticated by Vietnamese notary office or the Vietnamese diplomatic mission in Laos.

3. The written approval of the Lao Trade Ministry.

Article 4.-The granting of shop-opening permits

1. The Ministry of Trade shall consider and grant shop-opening permits within 15 days after receiving complete and valid dossiers (according to set form).

In case of refusal to grant permits, the Ministry of Trade shall send its written replies to the enterprises within the above-said time limit, clearly stating the reasons therefor.

2. The shop-opening permits shall be as valid as the business registration certificates, the copies thereof shall be sent by the Ministry of Trade to the provincial/municipal Trade Services and Finance Services of the localities where Lao enterprises open the shops.

Article 5.-Goods displayed and sold at the shops

1. Goods displayed and sold at the shops include imported goods of Lao origin and goods allowed for circulation in Vietnam.

2. Goods displayed and sold at the shops must comply with Vietnams current law provisions on imported goods and circulated goods.

Article 6.-Taxes

1. Imported goods of Lao origin shall be entitled to import tax reduction according to the Agreement between the two governments.

2. The shops shall have to pay taxes according to the provisions of Vietnams laws.

Article 7.-Re-export

Goods, which are lawfully imported into Vietnam for display and sale at the shops, may be re-exported out of Vietnam and are entitled to the reimbursement of import tax already paid according to the provisions of Vietnams laws.

Article 8.-Money transfer

1. Lao enterprises shall be allowed to transfer out of Vietnam:

a) Profits earned from their business activities;

b) Foreign loans and interests thereon, having arisen during the operation process;

c) Investment capital;

d) Other money and properties under the enterprises lawful ownership.

2. Foreigners working in the shops, after having paid income tax according to the provisions of Vietnams laws, shall be allowed to transfer their lawful incomes out of Vietnam.

Article 9.-The shops rights and obligations

1. The shops shall have the following rights:

a) To sell goods and collect Vietnamese currency according to the provisions of the shop-opening permits;

b) To rent offices and locations for shops and dwelling houses, to purchase necessary means and facilities for the shops operation;

c) To recruit Vietnamese and foreign laborers to work in the shops according to the provisions of Vietnams laws;

d) To effect transactions and sign contracts for purchasing goods from Laos or in Vietnam for display and sale at the shops in compatibility with the contents prescribed in the permits. Persons allowed to sign contracts are the heads of Lao enterprises or those who are lawfully authorized by the heads of Lao enterprises under each contract.

e) To open Vietnam dong and foreign currency accounts at banks licensed to operate in Vietnam;

f) To import necessary facilities for the shops operation and pay taxes according to the provisions of Vietnams laws;

g) To have seals bearing the shops’names according to the provisions of Vietnams laws.

2. The shops shall have the following obligations:

a) To register, declare and pay taxes, charges and fees according to the provisions of Vietnams laws;

b) To apply accounting regimes according to the provisions of Vietnams laws. In cases of necessity to apply other commonly used accounting regimes, such must be approved by the Vietnamese Finance Ministry;

c) To abide by other provisions of Vietnams laws.

Article 10.-Reports on operation

Twice a year, in June and December, the shops shall have to send written reports on their operation together with their financial reports to the Ministry of Trade and the provincial/municipal Trade Services and Finance Services of the localities where the shops are opened.

Article 11.-Operation termination

1. Within 30 days prior to the date planned for termination of their shops operation, the Lao enterprises shall have to notify such in writing to the Ministry of Trade and the provincial/municipal Trade Services and Finance Services of the localities where their shops are opened, and fully repay their debts and fulfilled other obligations to the State as well as concerned organizations and individuals in Vietnam.

2. The provincial/municipal Trade Services of the localities where Lao enterprises open shops shall have to monitor, supervise and urge the implementation of Clause 1 of this Article by the shops in their localities.

Article 12.-Handling of violations

All acts of law violation in the shops operation shall, depending on their seriousness, be handled according to the provisions of Vietnams laws.