Chapter I
INTERNATIONAL TRADE IN GOODS
Article 1. Addition of Clause 11 to Article 9 of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“11. Import/export of minerals:
a) Importers/exporters of minerals must be traders as referred to by the Commercial Law;
b) With regard to export, import, temporary import for re-export and transit of coals, traders must own or lease business locations, vehicles, loading instruments, warehouses, ports, and measuring instruments to serve the business and meet requirements for technology, safety, environmental hygiene, and fire and explosion prevention in accordance with prevailing laws.”
Article 2. Amendments to Clause 2 and Clause 3 Article 11 of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“2. Except for the cases where goods are banned from temporary import for re-export or subject to the suspension of temporary import for re-export and goods subject to the cases stated in Clause 1 of this Article, enterprises are only required to carry out procedures for temporary import for re-export at customs agencies and are not required to submit the license to temporarily import goods for re-export. Ministry of Industry and Trade is assigned by the Government to announce the List of goods which are banned from the temporary import for re-export or subject to the suspension of temporary import for re-export as referred to in this clause.
3. The following goods shall be temporarily imported for re-export under certain conditions:
a) Used goods;
b) Frozen foods;
c) Goods subject to special excise duty.
Ministry of Industry and Trade is assigned by the Government to announce the List of goods temporarily imported for re-export under certain conditions as referred to in this clause.”
Article 3. Addition of Article 11a to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“Article 11a. Conditions for temporary import for re-export of frozen foods
An enterprise implementing the temporary import for re-export of frozen foods in the List promulgated by Minister of Industry and Trade must satisfy all of the following conditions:
1. Have at least VND 10 billion deposited at a credit institution in the province or city where the enterprise’s warehouse is located as referred to in Clause 2 of this Article.
2. Warehouses to serve the temporary import for re-export of frozen foods must be available. To be specific:
a) The warehouse must contain at least one hundred 40ft containers with the minimum area of 1,500 m2. The warehouse must be surrounded with a solid fence with minimum height of 2.5m, have way for vehicles transporting containers out and in the warehouse, and have gate and signboard of enterprise usingthat warehouse;
b) The warehouse must have sufficient power (including network electricity and backup generators with equivalent capacity) and accompanied specialized equipment to operate refrigerated containers in corresponding to the warehouse’s capacity;
c) The warehouse must be owned or leased by an enterprise under a lease contract, located in a planning area for warehousing system in service of temporary import for re-export of frozen foods or in an area prescribed by a boundary provincial People's Committee on the basis of an agreement made with General Department of Vietnam Customs, Border Guard High Command and Ministry of Industry and Trade to build warehouses in service of temporary import for re-export of frozen foods;
d) The enterprise is not allowed to lease the partial or entire warehouse which it has declared to apply for code of temporary import for re-export to another enterprise in order to serve the purpose of applying for a code of temporary import for re-export.”
Article 4. Addition of Article 11b to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“Article 11b. Conditions for temporary import for re-export of goods subject to special excise duty
An enterprise engaging in temporary import for re-export of goods subject to special excise duty in the List announced by Minister of Industry and Trade must have VND 07 billion deposited at a credit institution in the province or city where that enterprise has Certificate of Business Registration or Certificate of Enterprise Registration issued.”
Article 5. Addition of Article 11c to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“Article 11c. Conditions for temporary import for re-export of used products
An enterprise engaging in temporary import for re-export of used products must have VND 07 billion deposited at a credit institution in the province or city where that enterprise has Certificate of Business Registration or Certificate of Enterprise Registration issued.”
Article 6. Addition of Article 11d to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“Article 11d. Issuance of Certificate of code of good temporary import for re-export
1. Ministry of Industry and Trade shall issue a Certificate of code of good temporary import for re-export (hereinafter referred to as code of temporary import for re-export) to an enterprise that meets conditions prescribed in Article 11a or Article 11b or Article 11c of this Decree.
2. The code of temporary import for re-export prescribed in this Article is a specific code for each commodity heading. An enterprise may carry out the temporary import for re-export of goods in the commodity heading of which code of temporary import for re-export issued to that enterprise.
3. In case where foreign goods are sent into bonded warehouses for export/re-export through boundary provinces, only enterprises who have code of temporary import for re-export of the commodity heading of those goods may fill their names in customs declarations for putting goods into bonded warehouses and ex-warehousing from bonded warehouses for export/ re-export. Goods sent into bonded warehouses must comply with regulations of the law on customs.
4. The temporary import for re-export and/or sending of goods prescribed in Article 11a, Article 11b and Article 11c of this Decree into bonded warehouses shall not be the conditional temporary import for re-export and shall not require a code of temporary import for re-export provided that the export/re-export of those goods are not made through Northern boundary border gates. In special cases, Ministry of Industry and Trade may request the Prime Minister to adopt regulations on issuance of codes of good temporary import for re-export to enterprises that engage in temporary import for re-export and/or sending goods into bonded warehouses for export/re-export not through Northern boundary border gates.”
Article 7. Addition of Article 28a to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals
“Article 28a. Conditions for issuance of permit for production/ export processing of military uniforms of foreign armed forces
Ministry of Industry and Trade shall issue permit for production/export processing of military uniforms of foreign armed forces upon a written certification of Ministry of Public Security or Ministry of National Defence after all of the following conditions are satisfied:
1. Have a sales contract or contract for production/export processing which is entered into between the party placing order for production/processing and the agency in charge of purchase/logistics of a foreign armed force, or certification of the agency or entity that is the final user of military uniforms produced/processed in Vietnam as ordered.
2. If the importing country is USA, the application for permit for production/export processing for the first time must be enclosed with certificate of producer identification code (MID code) for exporting garments products to USA issued by Ministry of Industry and Trade.”
Tìm kiếm
Nghị định 77/2016/NĐ-CP của Chính phủ (Bản Word)
Nghị định 77/2016/NĐ-CP của Chính phủ (Bản Pdf)