Chương 1 Nghị định 90/2007/NĐ-CP: Quy định chung

Chapter I:

GENERAL PROVISIONS

Article 1 Governing scope

This Decree regulates the right to export and the right to import into Vietnam of foreign business entities which do not have a presence in Vietnam.

Article 2 Applicable entities

1. This Decree applies to foreign business entities which do not have a presence in Vietnam from countries and territories which are members of the WTO and from countries and territories which have a bilateral treaty with Vietnam regarding these matters.

2. Other organizations and individuals related to activities of export and import by foreign business entities which do not have a presence in Vietnam shall also be subject to the provisions in this Decree.

Article 3 Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. Foreign business entity means a business entity which is established and which has business registration pursuant to foreign law, or whose establishment and business registration is recognized by foreign law.

2. Foreign business entity which does not have a presence in Vietnam means a foreign business entity which does not make a direct investment in Vietnam in the forms stipulated in the Law on Investment and the Commercial Law; and which does not have a representative office or a branch in Vietnam pursuant to the Commercial Law.

3. Activities of export and import; the right to export; the right to import; and the right to distribute have the same meaning as defined in Decree 23-2007-ND-CP of the Government dated 12 February 2007.

Article 4 Scope of activities of export and import by foreign business entities which do not have a presence in Vietnam

1. A foreign business entity which does not have a presence in Vietnam shall have the right:

(a) To exercise the right to export [and/or] import when issued with a certificate of registration of right to export [and/or] import types of goods permitted to be exported [and/or] imported pursuant to the law of Vietnam and pursuant to the schedule on commitments to open the Vietnamese market.

(b) To purchase goods in order to export from, and to sell imported goods to Vietnamese business entities which have business registration for such types of goods pursuant to the current law of Vietnam.

3. The Minister of Trade shall be responsible to announce a list of lines of goods and the schedule for opening the market as undertaken in international treaties of which the Socialist Republic of Vietnam is a member.

Article 5 Responsibilities of foreign business entities:

1. To fully comply with regulations on customs, tax, issuance of import permits, technical criteria, measures for ensuring hygiene of foodstuffs, quarantine of plants and animals and other regulations relating to export and import of goods in compliance with the law of Vietnam and international treaties of which the Socialist Republic of Vietnam is a member.

2. To ensure the accuracy of information and data submitted to the competence agencies of Vietnam.

3. To fully discharge obligations stipulated by the Commercial Law and other relevant laws of Vietnam.

4. To provide periodical reports in accordance with regulations and to provide ad hoc reports at the request of the Ministry of Trade on the status of export and import activities of the foreign business entity.

5. To pay fees and charges for the issuance, re-issuance, amendment, supplementation and extension of certificates of registration of right to export [and/or] import at the level of fees and charges stipulated by the Ministry of Finance.

6. To register a contact address in order for the State administrative agencies of Vietnam to contact the foreign business entity when necessary.

7. To retain source documents and books of account in accordance with the law of Vietnam.