Công văn 6221/BCT-KH

To: PLA MATELS CO. LTD.
(TNR Building, No. 180-192 Nguyen Cong Tru, Nguyen Thai Binh ward, district 1, HCMC)

In response to PLA MATELS’s enquiries in document No. 01/CV-PMVN, forwarded by Office of the Government under Official Dispatch No. 7301/VPCP-DMDN on implementation of Decree No. 09/2018/ND-CP , below are opinions of the Ministry of Industry and Trade:

1. Wholesaling

Clause 6 Article 3 of Decree No. 09/2018/ND-CP dated January 15, 2018: “Wholesaling involves selling goods to wholesalers, retailers, other traders and organizations; excluding retailing.”

According to the aforementioned regulations, the sale of goods to wholesalers and other organizations for purposes other than wholesaling, retailing or consumption (e.g. an enterprise or cooperative buys goods directly serving its production or service provision within the registered business lines; a cooperative registered as a clothing manufacturer purchases sewing machines, cloth and materials serving its production; a registered construction enterprise purchases building materials serving its execution of its construction and installation contracts; an enterprise registered as a food and drink business purchases food and drink for sale; a foreign trader’s branch licensed to provide computer-related services purchases supplies, components and computers for assembly or installation under contracts with its customers, etc.) is considered wholesaling.

Therefore, when PLA MATELS sells plastic press machines to another enterprise which uses them for production of plastic parts in accordance with its registered business lines, it is considered wholesaling.

2. Regarding the scope of operation under the investment registration certificate and business license:

Since copies of the investment registration certificate and business license are not enclosed with the enquiring document, the Ministry of Industry and Trade does not have the sufficient grounds to provide instructions regarding this issue.

Pursuant to Clause 5 and Clause 1 Article 6 of Decree No. 09/2018/ND-CP , foreign-invested business organizations may exercise their right to export, import distribute wholesale after submission of relevant documents for registration in accordance with the Law on Investment and the Law on Enterprises.

Thus PLA MATELS needs to register the import and wholesaling of plastic press machines in its investment registration certificate and certificate of enterprise registration in accordance with the Law on Investment and the Law on Enterprises without having to apply for a new business license or amendments thereto.

For your reference./.