THE GOVERNMENT
No. 77/2016/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, July 1, 2016 |
DECREE
Amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade[1]
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the November 21, 2007 Law on Chemicals;
Pursuant to the June 17, 2010 Law on Food Safety;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the June 30, 2011 Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools, and the July 12, 2013 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools;
At the proposal of the Minister of Industry and Trade;
The Government promulgates the Decree amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade.
Chapter I
INTERNATIONAL GOODS TRADING
Article 1. To add Clause 11 to Article 9 of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries
“11. For mineral export and import:
a/ Being traders as defined in the Commercial Law;
b/ Particularly for coal export, import, temporary import for re-export and border- gate transfer, traders must also own or rent coal business locations, vehicles or craft for coal transportation, loading and unloading equipment, warehouses and storage yards, wharves and weighing and measuring equipment to serve coal trading activities, and fully satisfy technical requirements and safety, environmental sanitation and fire and explosion prevention and fighting conditions under current regulations.”
Article 2. To amend and supplement Clauses 2 and 3, Article 11 of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries
“2. Except for goods which are banned from temporary import for re-export or suspended from temporary import for re-export and for goods falling in the cases specified in Clause 1 of this Article, enterprises only need to carry out procedures for temporary import for re-export at the customs office and are not required to have a license for temporary import for re-export. The Government assigns the Ministry of Industry and Trade to publicize the List of goods banned from temporary import for re-export or suspended from temporary import for re-export as referred to in this Clause.
3. The following goods may be temporarily imported for re-export under certain conditions:
a/ Used goods;
b/ Frozen foods;
c/ Goods liable to excise tax.
The Government assigns the Ministry of Industry and Trade to announce the List of goods which may be temporarily imported for re-export under certain conditions as referred to in this Clause.”
Article 3. To add Article 11a to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries
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