Quyết định 1172-TM/XNK

DECISION

TO ISSUE THE REGULATIONS OF EXPORT-IMPORT ACTIVITIES CONSIGNED AMONG VIETNAMESE BUSINESSES WITH A LEGAL ENTITY STATUS

THE MINISTER OF TRADE

Proceeding from the Governmental Decree No. 95/CP on the 4th of December, 1993 on the Function, Task, Authority and Organization of the Ministry of Trade.
Proceeding from the Governmental Decree No. 33/CP on the 19th of April 1994 on State Management of Export-Import Activities,

DECIDES:

Article 1.- To issue together with this Decision the Regulations on Export-Import Activities Consigned Among Vietnamese Businesses With a Legal Entity Status.

Article 2.- This Decision takes effect on the date of its signing. All regulations made earlier which are contrary to the Regulations issued together with this Decision are now annulled.

Article 3.- The Directors of the departments concerned and the Heads of licensing bureaus for export-import activities are responsible for guiding the implementation of these Regulations.

REGULATIONS

 ON EXPORT-IMPORT ACTIVITIES ASSIGNED AMONG VIETNAMESE BUSINESSES WITH A LEGAL ENTITY STATUS

(Issued together with Decision No. 1172/TM-XNK on the 22nd of September 1994 of the Minister of Trade)

1. DEFINITION:

Export-import consignation is commercial services undertaken in the form of hiring and offering export-import services. These activities are undertaken on the basis of a contract for export or import consignment among businesses in accordance with the Ordinance on Economic Contracts.

2. PARTIES TO THE CONTRACT:

2.1. The export-import consignors:

All businesses licensed to do business in the country and/or to conduct export-import can consign export-import.

2.2. The consignees who offer export-import services:

All businesses licensed to conduct export-import activities can accept export-import consignment.

3. CONDITIONS:

3.1. The consignor must:

- Have a domestic business license and/or a license for export-import;

- Have export-import quotas or norms if it hires services in the export or import of commodities under the assigned quota or the plan;

- Have a written permit from the specialized agency if it exports and imports goods of a specialized branch;

- Be capable of paying for the consigned exported or imported goods.

3.2. The consignee must:

- Have a license for export-import;

- Deal in a line corresponding to the exported or imported goods consigned.

4. SCOPE OF ACTIVITY:

4.1. The hiring and offering of services in export-import can be done only with regard to those goods which are not banned by the State from the lists of exports or imports.

4.2. The consignor can hire services in the export and import of only those goods listed in his domestic trade license, or in his export-import license.

4.3. The consignor can choose a consignee as stipulated at Article 3.2 for signing a consignment contract.

5. OBLIGATIONS AND RESPONSIBILITY:

The consignee must supply information to the consignor on market, price and customer concerning the exported or imported goods consigned. The interests, obligations and responsibility of both sides are mutually agreed upon and written in the contract.

The consignor must pay the consignee the commission and expenses incurred in the process.

6. LEGAL RESPONSIBILITY:

The sides involved in export-import consignation must strictly comply with these Regulations and with the stipulations of the contract for export-import consignation signed by them.

Any violation of the above-mentioned regulations shall be handled in accordance with law and with the regulations in force, depending on the extent of the violation.

Any dispute between consignor and consignee shall be settled through negotiations, and if the negotiations fail, the dispute shall be brought to the Economic Court. The ruling of the Economic Court is final and binding on both sides.