Chapter 2
DOSSIER OF, PROCEDURES FOR GRANT, RE-GRANT, AMENDMENT, SUPPLEMENT, EXTENSION, WITHDRAWAL OF CERTIFICATE ON REGISTRATION OF IMPORT AND EXPORT RIGHTS
Article 4. Procedures for grant, re-grant, amendment, supplement and extension
1. The trader without a presence send 01 (one) set of dossier to the Ministry of Industry and Trade (Export and Import Administration) to be consederes grant, re-grant, amendment, supplement or extension of certificate on registration of import and export rights.
2. The time limit of grant, re-grant, amendment, supplement or extension of certificate on registration of import and export rights complies with provisions in Article 9, Article 12 and Article 13 of the Government’s Decree No.90/2007/ND-CP, of May 31, 2007 providing import and export rights of foreign business entities without a presence in Vietnam (hereinafter reffered to as Decree No.90/2007/ND-CP).
3. The time limit of certificate on registration of import and export rights is 05 (five) years.
Article 5. Dossier of grant of certificate on registration of import and export rights
1. Dossier of application for grant of certificate on registration of import and export rights includes:
a) Application for grant of certificate on registration of import and export rights made in according to the Form MD-1 in Annex I enclosed with this Circular;
b) The original of certification of foreign competent agencies where trader registered for establishment that the trader without a presence is not be deprived of the right to conduct commercial activities or not currently subject to a penalty in relation to commercial activities pursuant to foreign law where foreign trader has established;
c) The original of certification of foreign competent agencies where trader registered establishment that The trader without a presence does not have a criminal record and his or her civil legal capacity has not been lost or restricted In the case of trader without a presence being an individual; and in the case of trader without a presence being an economic organization, its legal representative does not have a criminal record and his or her civil legal capacity has not been lost or restricted;
d) The authenticated copy of Certificate of Business registration or document with equivalent value in the case of trader being an economic organization; authenticated copy of identification card, passport or other legal individual certification in the case of trader being an individual;
dd) The authenticated copy of Financial statement audited or document certified situation of performance of tax liability or financial liability in the nearest financial year issued by competent agencies where foreign trader established or other documents issued or certified by competent agencies about the actual existing and operation of foreign trader in the nearest financial year as prescribed by law of that country;
e) The original of document certifying business capital, account number at bank where foreign trader established;
g) Agreement between representative of foreign trader in Viettnam with The trader without a presence, clarifying name, address, telephone;
h) The authenticated copy of Certificate of Business registration of economical organization being representative of The trader without a presence in Vietnam or authenticated copy of identification card, passport or other legal individual certification in the case of representative being an individual;
3. Documents specified in points b, c, d, dd, e, clause 2 of this Article must be translated into Vietnamse and consular legalized as prescribed by law of Vietnam. In case of documents specified in point g, clause 2 of this Article is in foreign language it must be translated into Vietnamse with notarization or being consular legalized.
Article 6. Dossier of amendment, supplement, re-grant of certificate on registration of import and export rights
1. When amending and supplementing one of contents indicated in certificate on registration of import and export rights, the trader without a presence must report to agency granting certificate and concurrently must perform procedures for amending and supplementing certificate on registration of import and export rights.
2. Dossier of application for amendment, supplement, re-grant of certificate on registration of import and export rights includes:
a) Application for amendmend, supplement, re-grant of certificate on registration of import and export rights made in according to the Form MD-2, MD-3 in Annex I enclosed with this Circular;
b) The original of certificate on registration of import and export rights having been granted. In case of original is lost, burnt, destroyed, the trader without a presence must present authenticated copy or certification of functional agencies;
c) The original of certification of tax agencies of Vietnam about that the trader without a presence has performed fully the finance and tax liability for Vietnam state, calculated to time point of the trader without a presence requesting for amendment and supplement of certificate on registration of import and export rights;
d) The authenticated copy of Certificate of Business registration or document with equivalent value in the case of trader being an economic organization; authenticated copy of identification card, passport or other legal individual certification in the case of trader being an individual;
dd) The authenticated copy of legal document proving amendment of content in certificate on registration of import and export rights.
3. Documents specified in points d, dd clause 2 of this Article must be translated into Vietnamse and consular legalized as prescribed by law of Vietnam.
Article 7. Dossier of extension of certificate on registration of import and export rights
1. Dossier of application for extension of certificate on registration of import and export rights includes:
a) Application for extension of certificate on registration of import and export rights made in according to the Form MD-4 in Annex I enclosed with this Circular;
b) The original of certificate on registration of import and export rights having been granted or authenticated copy in case of original is lost, burnt, destroyed.
c) The authenticated copy of Financial statement audited or document certified situation of performance of tax liability or financial liability in the nearest financial year issued by competent agencies where foreign trader established or other documents issued or certified by a competent independent organization about that proving the actual existing and operation of foreign trader in the nearest financial year as prescribed by law of that country;
d) Report on export, import operation from time of granting certificate on registration of export and import rights to time of requesting for extension, on the basis of synthetizing the annual operation reports as prescribed in clause 1, Article 12 of this Circular;
e) The original of certification of tax agencies of Vietnam about that the trader without a presence has performed fully the finance and tax liability for Vietnam state, calculated to time point of the trader without a presence requesting for extension of certificate on registration of import and export rights.
2. Documents specified in points c, d clause 1 of this Article must be translated into Vietnamse and consular legalized as prescribed by law of Vietnam.
3. After certificate on registration of import and export rights being extended is expired, if The trader without a presence still has demand for registration of import and export rights, it must perform procedures for extension as prescribed in dossier and procedures for first extension have been above mentioned.
Article 8. Extension and amendment, supplement of certificate on registration of import and export rights
If the trader without a presence suggest extension and concurrently suggest amendment and supplement of certificate on registration of import and export rights, dossier of application for extension, amendment and supplement is complied with provisions on article and article 7 of this Circular, application for extension and adjustment of certificate on registration of import and export rights is made according to Form MD-5 in Annex I enclosed with this Circular.
Article 9. Termination of import and export rights in Vietnam
1. Termination of import and export rights in Vietnam of The trader without a presence is complied with provisions on Article 14 of the Decree No.90/2007/ND-CP.
2. The trader without a presence which want to terminate its import and export rights as prescribed in points a, b, clause 1, Article 14 of the Decree No.90/2007/ND-CP, must send a written to the Ministry of Industry and Trade to notify on anticipation for operation termination of The trader without a presence according to the TB Form in Annex I enclosed with this Circular.
Article 10. Withdrawal of certificate on registration of import and export rights
The trader without a presence shall be withdrawed certificate on registration of import and export rights as prescribed in clause 2, Article 15 of the Decree No.90/2007/ND-CP.
Tìm kiếm
Thông tư 28/2012/TT-BCT quy định việc đăng ký quyền xuất, nhập khẩu của thương nhân nước ngoài không có hiện diện tại Việt Nam do Bộ trưởng Bộ Công thương ban hành (Bản Word)
Thông tư 28/2012/TT-BCT quy định việc đăng ký quyền xuất, nhập khẩu của thương nhân nước ngoài không có hiện diện tại Việt Nam do Bộ trưởng Bộ Công thương ban hành (Bản Pdf)