The circular 08/2013/TT-BCT detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam

Exercise the right to export

1. Vietnam-based foreign-invested enterprises, already licensed to exercise the right to export, may purchase goods in Viet Nam to sell abroad. The goods are imported into Vietnam by these enterprises or other enterprises, which carried out their tax obligations and other financial obligations. The goods must meet the following requirements:

a) Export goods that are not into the list of those banned from export, the list of those suspended from export or the list of those for which the right to export is not granted.

b) For export goods that are into the list of conditional export goods, enterprises must satisfy conditions regulated by law.

c) For export goods into the list of those for export according to roadmaps consistent with international commitments, enterprises must carry out practices accordingly to engage such roadmaps.

d) Export goods that are consistent with the content of exercise of the right to export granted to enterprises.

2. Foreign-invested enterprises already licensed to exercise the right to export, may directly carry out goods export procedures at customs offices in accordance with Vietnamese law.

3. Foreign-invested enterprises already licensed to exercise the right to export, are responsible for implementing tax obligations and other financial obligations to export their goods in accordance with Vietnamese law.

4. Foreign-invested enterprises already licensed to exercise the right to export, can directly purchase goods from traders that have registered the trading of, or have the right to import, distribute those goods for export. They may not set up establishments for the procurement of exported goods, unless Vietnamese law or international treaty, in which Vietnam is a member, change the current regulation.

Exercise of the right to import

1. Foreign-invested enterprises already licensed to exercise the right to import may:

a) Import goods which are not into the list of those banned from import, the list of those suspended from import or the list of those for which the right to import is not granted in accordance with international commitments.

b) Import goods that are put into the list of conditional import goods, however enterprises must satisfy conditions regulated by law.

c) Import goods that are into the list of those for import according to roadmaps in international commitments, however enterprises must carry out according to committed roadmaps.

d) Import goods that are consistent with the content of exercise of the right to import granted to enterprises.

2. Directly carry out goods import procedures at customs offices in accordance with Vietnamese law.

3. Foreign-invested enterprises already licensed to exercise the right to import, are responsible for implementing tax obligations and other financial obligations to import goods in accordance with Vietnamese law.

4. Foreign-invested enterprises already licensed to exercise the right to import without having the right to distribute, may sell imported goods to Vietnamese traders that have registered the trading of, or has the right to export, distribute the goods. They may not set up establishments for the distribution of imported goods in Vietnam, unless Vietnamese law or international treaty, in which Vietnam is a member, change the current regulation.

The Circular will take effect from June 7^th 2013.