Thông tư 05/2008/TT-BCT

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;

c/ Foreign-invested enterprises may import goods on the list of goods to be imported under roadmaps (Clause B, Section II, Appendix 03 to Decision No. 10/2007/QD-BTM) according to the prescribed roadmaps;

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.”

II. TO AMEND AND SUPPLEMENT SECTION IV AS FOLLOWS:

“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]

V. In the course of implementation, arising problems should be reported to the Ministry of Industry and Trade for prompt settlement.