Chương 1 Thông tư 28/2012/TT-BCT: Quy định chung

Chapter 1

GENERAL PROVISION

Article 1. Scope of regulation and Subjects of application

1. This Circular provides grant, re-grant, amendment and supplement, extension, withdrawal of certificate on registration of import and export rights of foreign business entities without a presence in Vietnam.

2. This Circular applies to foreign traders in countries, territorial regions which are members of the International Trade World WTO and countries, territorial regions which have bilateral agreements with Vietnam about import and export rights and other organizations, individuals relating to import and export of foreign business entities without a presence in Vietnam. 

3. This Circular shall not adjust business operation at border markets, border-gate markets, markets in border-gate economic area of trader of countries with common border line.

Article 2. Performance of export rights

1. The foreign business entities without a presence in Vietnam (hereinafter referred to as trader without a presence) being granted certificate on registration of import and export rights shall perform export rights as follows:

a) To export goods items not on list of goods banned from export, list of goods temporarily suspended for export, list of goods having no right to export according to international commitments.  For goods the export of which is conditional, they must satisfy conditions as prescribed by law;

b) For export goods on list of goods exported pursuant to the schedule in international commitments, performance complies with the committed schedule;

c) To directly perform export procedures for goods at customs agencies as prescribed by law on the basic of contract purchasing goods signed with Vietnamese trader;

d) The export goods items must be suitable to content of certificate on registration of export and import rights.

2. The trader without a presence is entitled to directly purchase goods of only Vietnamese traders with business registration or export right or distribution of goods for export; is not entitled to organize a network to purchase goods in Vietnam for export, including open a place to purchase goods for export, unless Vietnamese law or International treaties of which the Socialist Republic of Vietnam is a member, provide otherwise.

Article 3. Performance of import rights

1. The trader without a presence being granted certificate on registration of import and export rights shall perform import rights as follows:

a) To import goods items not on list of goods banned from import, list of goods temporarily suspended for import, list of goods having no right to import according to international commitments.  For goods the import of which is conditional, they must satisfy conditions as prescribed by law;

b) For import goods on list of goods imported pursuant to the schedule in international commitments, performance complies with the committed schedule;

c) To directly perform import procedures for goods at customs agencies as prescribed by law on the basic of contract selling goods signed with Vietnamese trader;

d) The import goods items must be suitable to content of certificate on registration of export and import rights.

2. The trader without a presence is entitled to directly sale import goods for only Vietnamese traders with business registration or right to distribute such goods; is not entitled to organize or participate in network to distribute goods in Vietnam, unless Vietnamese law or International treaties of which the Socialist Republic of Vietnam is a member, provide otherwise.