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THE MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIET NAM |
No. 05/2008/TT-BCT | Hanoi, April 14, 2008 |
CIRCULAR
AMENDING AND SUPPLEMENTING THE TRADE MINISTRY’S CIRCULAR No. 09/2007/TT-BTM OF JULY 17, 2007, GUIDING THE IMPLEMENTATION OF DECREE No. 23/2007/ND-CP OF FEBRUARY 12, 2007, DETAILING THE COMMERCIAL LAW REGARDING GOODS TRADING ACTIVITIES AND GOODS TRADING-RELATED ACTIVITIES OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM
Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding goods trading activities and goods trading-related activities of foreign-invested enterprises in Vietnam;
The Ministry of Industry and Trade amends and supplements a number of contents of Circular No. 09/2007/TT-BTM of July 17, 2007, of the Ministry of Trade (now the Ministry of Industry and Trade), guiding the implementation of the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding goods trading activities and goods trading-related activities of foreign-invested enterprises in Vietnam (below referred to as Circular No. 09/2007/TT-BTM for short) as follows:
I. TO AMEND AND SUPPLEMENT CLAUSE 3, SECTION I AS FOLLOWS:
“3. To exercise import rights
3.1. Foreign-invested enterprises licensed for import operation but not distribution operation may exercise their import rights as follows:
a/ Foreign-invested enterprises may import goods items which are not on the list of goods banned from import (Section II, Appendix 01 to Decree No. 12/2006/ND-CP), the list of goods suspended from import (if any) and the list of goods they are not entitled for import (Clause A, Section II, Appendix 03 to Decision No. 10/2007/QD-BTM);
b/ Foreign-invested enterprises may import goods on the list of goods items subject to line management (Appendix 03 to Decree No. 12/2006/ND-CP) in compliance with line management regulations;
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d/ Foreign-invested enterprises may carry out import procedures at customs offices according to Vietnam’s law;
e/ Foreign-invested enterprises licensed for import operation may sell imported goods to traders who are permitted to distribute those goods.
3.2. Foreign-invested enterprises licensed for import operation but not distribution operation may not set up establishments to distribute imported goods.”
II. TO AMEND AND SUPPLEMENT POINT B, CLAUSE 4, SECTION II AS FOLLOWS:
“b/ Modification and supplementation of a retail establishment permit
A dossier comprises:
+ An application for modification and/or supplementation of the retail establishment permit, made according to Form MD5 attached to Circular No. 09/2007/TT-BTM;
+ A copy of the retail establishment permit to be modified and/or supplemented.
The competent licensing agency shall grant a new retail establishment permit with modified and/or supplemented contents and revoke the old retail establishment permit. When modification and/or supplementation of a retail establishment permit relates to activities and/or address of a retail establishment, the competent licensing agency shall modify and/or supplement the permit after getting the Ministry of Industry and Trade’s approval.”
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“IV. Reporting mechanism
1. Foreign-invested enterprises engaged in goods trading activities and goods trading-related activities shall comply with Vietnam’s law on financial reporting and statistical reporting mechanisms.
2. Quarterly, prior to the 15th day of the first month of the next quarter, foreign-invested enterprises licensed for import operation but not distribution operation shall submit to competent licensing agencies a report on traders buying their imported goods, made according to form BC1 attached to this Circular (not printed herein).
3. Quarterly, prior to the 15th day of the first month of the next quarter, competent licensing agencies shall review and report to the Ministry of Industry and Trade on the grant, re-grant, modification, supplementation and revocation of permits granted to investment projects on goods trading activities and goods trading-related activities, and make proposals according to form BC attached to Circular No. 09/2007/TT-BTM.”
IV. This Circular takes effect 15 days after its publication in “CONG BAO.”[1]
FOR THE INDUSTRY AND TRADE MINISTER
VICE MINISTER
Le Danh Vinh
- 1Circular No. 09/2007/TT-BTM of July 17, 2007 guiding the implementation of The Government’s Decree No. 23/2007/ND-CP dated February 12, 2007, which details the commercial law regarding goods trading and directly related activities of foreign-invested enterprises in vietnam
- 2Circular No. 08/2013/TT-BCT of April 22, 2013, detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam
- 3Circular No. 08/2013/TT-BCT of April 22, 2013, detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam
- 1Circular No. 34/2013/TT-BCT of December 24, 2013, publicizing roadmaps for goods trading and goods trading directly related activities of foreign-invested enterprises in Vietnam
- 2Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade.
- 3Decision No. 10/2007/QD-BTM of May 21, 2007, publicizing roadmaps for goods trading and directly related activities.
- 4Decree of Government No.23/2007/ND-CP of February 12, 2007 detailing the commercial Law regarding goods purchase and sale activities or goods purchase and sale related activities of foreign-invested enterprises in Vietnam
- 5Decree of Government No. 12/2006/ND-CP, making detailed provisions for implementation of the Commercial Law with respect to international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties.
- 6Commercial Law No.36/2005/QH11, passed by the National Assembly
Circular No. 05/2008/TT-BCT of April 14, 2008 amending and supplementing the trade ministry’s Circular No. 09/2007/TT-BTM of July 17, 2007, guiding the implementation of Decree No. 23/2007/ND-CP of february 12, 2007, detailing the commercial Law regarding goods trading activities and goods trading-related activities of foreign-invested enterprises in vietnam
- Số hiệu: 05/2008/TT-BCT
- Loại văn bản: Thông tư
- Ngày ban hành: 14/04/2008
- Nơi ban hành: Bộ Công thương
- Người ký: Lê Danh Vĩnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra