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CIRCULAR
AMENDING AND ADDING TO CIRCULAR 09-2007-TT-BTM OF THE MINISTRY OF
TRADE DATED 17 JULY 2007 WITH IMPLEMENTING GUIDELINES ON DECREE
23-2007-ND-CP OF THE GOVERNMENT DATED 12 FEBRUARY 2007 IMPLEMENTING
THE COMMERCIAL LAW REGARDING TRADING AND DISTRIBUTION ACTIVITIES1 BY
ENTERPRISES WITH FOREIGN OWNED CAPITAL IN VIETNAM
Pursuant to Decree 189-2007-ND-CP of the Government dated 27
December 2007 on functions, duties, powers and organizational
structure of the Ministry of Industry & Trade;
Pursuant to Decree 23-2007-ND-CP of the Government dated 12 February
2007 implementing the Commercial Law regarding activities of
purchase and sale of goods and activities directly related to
purchase and sale of goods by enterprises with foreign owned capital
in Vietnam;
The Ministry of Industry & Trade hereby provides the following
amendments and additions to a number of clauses in Circular
09-2007-TT-BTM of the Ministry of Trade (now the Ministry of
Industry & Trade) dated 17 July 2007 with guidelines on Decree
23-2007-ND-CP of the Government dated 12 February 2007 implementing
the Commercial Law regarding activities of purchase and sale of
goods and activities directly related to purchase and sale of goods
by enterprises with foreign owned capital in Vietnam:
I. To amend and add to clause 3 in Section I as follows
"3. Exercise of import rights:
3.1 An enterprise with foreign owned capital in Vietnam which has
been licensed to exercise import rights but which does not yet have
distribution rights shall be permitted to exercise import rights as
follows:
(a) To import lines of goods not on the list of goods the import of
which is prohibited (Section II of Appendix 1 of Decree 12), not on
the list of goods (if any) the import of which has been temporarily
suspended, and not on the list of goods not permitted to be imported
(Clause A of Section II of Appendix 3 of Decision 10-2007-QD-BTM).
(b) With respect to lines of goods on the list of goods subject to
specialized industry management (Appendix 3 of Decree
12-2006-ND-CP), an enterprise with foreign owned capital shall be
permitted to conduct import in accordance with the specialized
industry management regulations.
(c) With respect to lines of goods on the list of goods permitted to
be imported pursuant to a schedule (Clause B of Section II of
Appendix 3 of Decision 10-2007-QD-BTM), an enterprise with foreign
owned capital shall be permitted to conduct import in accordance
with the schedule which has been stipulated.
(d) To directly conduct import procedures with the customs office in
accordance with the law of Vietnam.
(dd) An enterprise with foreign owned capital in Vietnam which has
been licensed to exercise import rights shall be permitted to sell
imported goods to business entities with the right to distribute
such goods.
3.2 An enterprise with foreign owned capital which has been licensed
to exercise import rights but which does not yet have distribution
rights shall not be permitted to set up an establishment outlet in
order to distribute imported goods."
II. To amend and add to clause 4(b) in Section II as follows
"(b) Amendment of or addition to a licence to set up a retail sales
outlet:
An application file shall comprise:
+ Request for amendment of or addition to the licence to set up the
retail sales outlet on standard Form MD5 issued with Circular 09.
+ Copy of the licence to set up the retail sales outlet which it is
requested to amend or add to.
- The competent licence-issuing body shall issue a new licence
containing the amended or added items, and at the same time revoke
the previously issued licence to set up the retail sales outlet.
In a case where the amendments of or additions to the licence to set
up the retail sales outlet concern operational items of the retail
sales outlet [and/or] its address, the competent licence-issuing
body shall make the amendment or addition to the licence after
obtaining approval from the Ministry of Trade & Industry."
III. To amend and add to Section IV as follows
"IV. Reporting Regime:
1. Enterprises with foreign owned capital operating in the sector of
trading and activities directly related to trading must implement
the regime on financial and statistical reporting stipulated by the
law of Vietnam.
2. Every quarter, prior to the 15th day of the first month of the
next quarter, enterprises with foreign
owned capital which have been licensed to exercise import rights but
which do not yet have distribution rights, shall prepare a report on
standard Form BC1 issued with this Circular regarding the business
entities purchasing imported goods, and send the report to the
competent licenceissuing body.
3. Every quarter, prior to the 15th day of the first month of the
next quarter, competent licence-issuing bodies shall prepare an
overall report on standard Form BC issued with Circular
09-2007-TT-BTM on the status of issuance, re-issuance, amendment of
licences and on revocation of licences already issued to projects
investing in trading and activities directly related to trading,
including their recommendations, and send the report to the Ministry
of Trade & Industry."
IV. This Circular shall be of full force and effect fifteen (15)
days after the date of its publication in the Official Gazette.
V. Any problems arising during implementation should be reported to
the Ministry of Industry & Trade for prompt resolution. |
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REPORT ON BUSINESS ENTITIES PURCHASING IMPORTED
GOODS
To: The Licence-issuing Body
I. Information about the enterprise exercising import rights:
1. Name (printed in capitals):
Investment Certificate or Investment Licence number
.issued on
(date)
..
Head office address (full address including the ward and district,
province or city)
Telephone, fax, e-mail and website details:
2. Legal representative of the enterprise exercising import
rights:
[Full details including full name, sex, position, passport or ID
details, permanent registered address and current address.]
II. Information about the business entities purchasing the imported
goods:
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