1. CONDITIONS AND REQUIREMENTS
- This procedure applies to foreign traders in countries, territories which are members of the World Trade Organization (WTO) and countries, territories that have bilateral agreements with Vietnam about import and export rights and other organizations, and individuals relating to import and export of foreign business entities without presence in Vietnam.
- This procedure shall not adjust business operation at border markets, border-gate markets, or markets in border-gate economic zones of traders of countries with common borders.
- The foreign trader without presence granted certificate on registration of import and export rights shall perform import/export rights as follows:
- To import/export goods not on the list of goods banned from import/export, list of goods temporarily suspended for import/export, list of goods having no right to import/export according to international commitments. For goods the import/export of which is conditional, they must satisfy conditions as prescribed by law;
- To import/export goods on the list of imports/exports under the schedule in international commitments, complies with the committed schedule;
- To directly perform import/export procedures for goods at Customs as prescribed by law based on sale of goods contract signed with Vietnamese trader;
- The import/export goods must be suitable to the content of certificate on registration of export and import rights.
- The trader without presence is entitled to directly sell import goods or buy goods for only Vietnamese traders with business registration or right to distribute such goods; not entitled to organize or participate in a network to distribute goods in Vietnam, unless otherwise provided by Vietnamese law or International Treaties to which the Socialist Republic of Vietnam is a signatory.
2. SUBJECT FOR IMPLEMENTATION
- The foreign traders without presence in Vietnam;
- Other organizations, individuals relating to the import and export of foreign business entities without presence in Vietnam.
3. PROFILE COMPOSITION
- Application for the request of amendment, supplement, or re-grant of the certificate on registration of import and export rights shall be made according to the Form MD-2, MD-3 in Annex I enclosed with Circular 28/2012/TT-BCT;
- The original certificate on registration of import and export rights has been granted. In case the original is lost, burnt, or destroyed, the trader without presence must present a certified copy or certification of competent authorities;
- The original certification by the tax authority in Vietnam stated that the foreign trader without presence has fully fulfilled its tax and financial obligations to the State of Vietnam by the time the trader without presence requested for amendment and supplement of the certificate on registration of import and export rights;
- The certified copy of Enterprise Registration Certificate or document with the equivalent value in case the trader is an economic organization; certified copy of identification card, passport, or other legal individual certification in case of traders being an individual;
- The certified copy of legal documents proving the change in content in Certificate on registration of import and export rights.
Documents specified in points 4, and 5 of this Section must be translated into Vietnamese and consular legalized as prescribed by the law of Vietnam.
- The foreign trader without presence in Vietnam sends via post 1 (one) dossier to the Ministry of Industry and Trade (Agency of Foreign Trade).
- The Ministry of Industry and Trade shall examine the validity and completeness of the dossier. Within fifteen (15) working days from the date of receipt of a written request and a valid dossier, the Ministry of Industry and Trade shall re-issue, amend and supplement the Certificate of registration of rights export and import rights.
- Within five working days from the date the Certificate is amended or supplemented, the foreign trader without presence in Vietnam shall make a public announcement of the amended or supplemented items in the Certificate as stipulated in Clause 3, Article 9 of Decree No. 90/2007/ND-CP.
5. IMPLEMENTATION AGENCY
Ministry of Industry and Trade (Agency of Foreign Trade).
PL AND PARTNERS LAW FIRM
Headquarters: 46th Floor, Bitexco Financial Tower, No. 2 Hai Trieu, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Office: Lot 1.16 Viva Riverside, 1472 Vo Van Kiet, Ward 3, District 6, HCMC