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MINISTRY Of TRADE SOCIALIST REPUBLIC Of VIETNAM
No.1064/TM-PC Independence-freedom-Happiness
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Hanoi, August 18, 1994
- Pursuant to the Decree No.33/CP dated April 19, 1994 of the Government regarding state management on export, import activities.
DECIDES
Article 1:
Hereby promulgate, in connection with Decision the following two regulations:
- Regulation on trading in switch-trade form.
- Regulation on trading in re-exportation form.
Article 2:
This Decision comes into force from the date of signing. All previous regulations contrary to the regulations in this Decision shall be abrogated.
Article 3:
Directors of the related departments, chiefs of import-export license departments shall have the responsibility to guide the implementation of these regulations.
for The of Ministry of Trade Vice-Minister
TA CA (Signed)
MINISTRY Of TRADE SOCIALIST REPUBLIC Of VIETNAM
Independence-freedom-Happiness
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I. GENERAL PROVISIONS
Article 1:
Switch-trade is form of import-export business operation regularly used in international trade and is influenced by the adjustment of international law, international trading practice, rules and laws of related countries. Vietnamese companie s which are permitted to trade in switch-trade form shall fully observe regulation hereto.
Article 2:
In this Regulation, the terms hereunder shall be understood as follows:
2.1/ Switch-trade is buying goods from a country (export country) to sell to another country (import country) without doing the import procedures to Vietnam and export procedures from Vietnam.
2.2/ Switch-trade form including the following ways:
2.2.1- Goods are transported directly from export country to import country and do not go through Vietnam.
2.2.2- Goods are transported to Vietnam without import procedures to Vietnam and go directly to import country.
2.2.3- Goods are transported to Vietnam where first temporarily stored in "transit stock" and then transported to import country without import procedures to Vietnam.
Article 3:
Legal ground of the switch-trade form is two separate contracts: goods buying contract (signed by Vietnamese company and company of export country) and goods selling contract (signed by Vietnamese company and company of import cou ntry). Goods buying contract can be signed before or after the goods selling contract, depending on concrete conditions and decided by Vietnamese company self.
Article 4:
Vietnamese company allowed to trade in switch-trade form is the company which is granted the import-export license and allowed to trade in this form by Ministry of Trade.
II. CONDITIONS, PROCEDURES fOR TRADING IN SWITCH-TRADE fORM
Article 5:
Kinds of goods for trading:
5.1/ Kinds of goods for trading depend on goods policy of selling country and buying country, according to international practice and custom.
5.2/ Kinds of goods for trading depend on the scope of import-export business operations written in the import-export license of the Vietnamese company. In case of over scope of these import export business operations, it shall be considered by Ministry of Trade before signing the goods buying contract and selling contract.
Article 6:
Companies trading in switch-trade form have not to apply the import export license for each shipment but implement on the basis of goods buying contract signed with the company of export country) and goods selling contract (signed with the comp any of import country).
Article 7:
Goods payment for switch-trade form shall be through the bank where company opened its accounts and observe the regulations and guidance's on international payment of the State Bank of Vietnam.
Article 8:
file and implementation process. Companies have to:
8.1/ Submit to import export license department one goods buying contract, one goods selling contract (copies with notary seal). If all these contracts are legal, at least 7 days from the date of submitting, the import export license dep artment shall seal and sign on the original contracts to confirm that these contracts have been registered at import export license department (on the date of...)
8.2/ Submit to the customs of harbor mouth the declaration and the following documents for customs procedures in the cases as mentioned in article 2.2.2 and 2.2.3
8.2.1- Goods buying contract, goods selling contract (copies with notary seal) signed and sealed by import export license department for the confirmation of "registered"
8.2.2- Bill of lading (copy)
8.2.3- Commercial invoice made by the foreign company (seller) for reclaiming the Vietnamese company's money and commercial invoice made by the Vietnamese company for reclaiming the foreign company's money (buyer) copies.
8.2.4- packing list (copy with notary seal). On the basis of the above documents, the customs of harbor mouth shall permit the necessary customs procedures.
8.3/ Submit to commercial bank one goods buying contract, one goods selling contract (original) signed and sealed by the import export license department to confirm "registered" for making the payment procedures.
Article 9:
Every quarter, company trading in switch-trade form shall report the implementation progress and results to Ministry of Trade and General Department of Customs.
III. LAST PROVISIONS
Article 10:
All cases of violation of this Regulation shall be treated according to the existing law .
Article 11:
This Regulation comes into force from the dated of signing and replaces the temporary Regulation No.4914/TN-XNK dated August 3, 1991 of the Ministry of Commerce regarding the trading in switch-trade form.
for The Ministry of Trade. Vice-Minister
TA CA (Signed)
MINISTRY Of TRADE SOCIALIST REPUBLIC Of VIETNAM
Independence-freedom-Happiness
I. GENERAL PROVISIONS
Article 1:
Re-exportation is one of popular forms in import-export business operations regularly used in international trade and is influenced by the adjustment of international law, international trading practice, rules and laws of related cou ntries. Vietnamese companies which are permitted to trade in re-exportation form shall fully observe the regulation hereto.
Article 2:
2.1/ In this Regulation the term "re-exportation" shall be understood that buying goods from a country for selling to another country on the basis of the foreign trade goods purchasing contract; having done all the import procedures in to Vietnam and after that export procedures and not passing any manufacturing or processing process.
2.2/ The processing for foreign country (import raw materials and delivering finished products) shall not be considered as the trading form of re-exportation and shall be regulated by a separate regulation.
2.3/ All forms of temporary import for the purposes of fair, exhibition or machinery and means repair according to Cooperation Investment Contract, Join-venture contract, etc. and re-export after that shall not be considered as Re -exportation form and shall be regulated by a separate regulation.
2.4/ Goods imported for domestic use, which after some period, for some reason are not domestically used but re-exported to foreign country, shall not be either considered as re-exportation form and are not regulated by this Regulation.
Article 3:
Legal ground for re-exportation form is the two separated contracts: goods buying contract (signed by the Vietnamese company and the company of export country) and goods selling contract (signed by the Vietnamese company and the company of im port country). Goods buying contract can be signed before or after the goods selling contract depending on concrete conditions and decided by the Vietnamese company-self.
Article 4:
Vietnamese company permitted to trade in re-exportation form is the company which is already granted import-export license by Ministry of Trade and is permitted to trade in this form by Ministry of Trade.
II. CONDITIONS AND PROCEDURES fOR TRADING IN RE-EXPORTATION fORM.
Article 5:
Goods for trading in re-exportation form are the goods which conform to the goods fields specified in import-export license and do not belong to list of goods to be forbidden to import, export according to the law of Vietnam and state law of the related countries as well as international law. In case of the goods belonging to the list of good to be forbidden to import, export according to the law of Vietnam, there shall be approval of the Prime Minister.
Article 6:
6.1/ The permitted staying period in Vietnam of the goods for trading in re-exportation form is 60 days. This period shall be counted from the date of import procedures completion to the date of export procedures completion at the customs office of harbor mounts specified in the license a granted by Ministry of Trade. In case of necessity to prolong this period, before expire date, the company shall have official letter presented to License Department explaining the reason of over staying period and proposing to prolong this period in order to re-export that goods. Import-export License Department can grant the delay but it shall not be in excess of the limit as regulated by Ministry of Trade.
6.2/ Tax payment for temporary import goods and tax recovery for the re-export goods shall be implemented according to the existing law on import, export duty.
Article 7:
All companies trading in re-exportation form shall present the files of each lot of goods according to the existing regulation to the import-export License Department of Ministry of Trade. Re-exportation license shall be according to t he form enclosed herewith.
Article 8:
All the re-exportation goods shall have customs procedures done and shall be under the examination and supervision of customs office until the time when the goods are really exported out from Vietnamese territory.
Article 9:
Payment for the goods in re-exportation form shall be through the bank and shall observe the regulations and guidance's on international payments of the State Bank of Vietnam.
Article 10:
file and implementation process. The companies shall:
10.1/ Submit to the import-export License Department:
10.1.1- Goods buying contract, goods selling contract (if they are photocopies, then there shall be notary seal) 10.1.2- Bill of lading (copy). In case that there has not been the copy of Bill of Lading, the Vietnamese company can use the fax o f Bill of Lading or the Delivery Advice (original); when the goods arrive the harbor mouth, the Vietnamese company shall additionally submit the copy of Bill of Lading. Import-export License Department shall check the above docum ents. If it is legal, then the Department can grant the re-exportation license for each shipment.
10.2/ The Vietnamese company shall present, together with the customs declaration, the following documents to the customs office of harbor mouth:
10.2.1- Re-exportation license (original)granted by the import-export License Department.
10.2.2- Goods buying contract, goods selling contract (copy with notary seal)
10.2.3- Bill of Lading (copy with notary seal)
10.2.4- Commercial Invoice-invoice made by the foreign company (seller) for reclaiming the Vietnamese company's money and commercial invoice made by Vietnamese company for reclaiming the foreign company's money (buyer) copies.
10.2.5- Packing list (copy with notary seal)
10.2.6- Country of Origin certificate (copy, if any)
10.2.7- Quality and quantity certificates of goods (copies, if any)
10.2.8- Particularly for automobile (considered as goods) self acting from the import harbor mouth to export harbor mouth shall also be under the supervision of the customs. If imported by sea, besides the above five documents, Vietnamese company shall additionally submit the following two documents:
10.2.9- Manifest (copy with notary seal)
10.2.10- Cargo plan (copy with notary seal)
On the basis of the above documents, the customs office of import harbor mouth shall permit the customs procedures for importing and transporting the goods to the export harbor mouth.
In case of goods contained in specific means, the customs shall seal up and lead before allowing their transport; Otherwise the customs shall organize the transport supervision The customs of export harbor mouth, on the basis of export goods d eclaration and its comparison with the license, and the documents set, shall carry out the examination of the sealing up and leading status. If the status is untouched, the customs can proceed the procedures for the goods to export thro ugh the harbor mouth. If the status is touched, the customs shall draw up the statement and check the goods packages with touched status. In case that the goods in reality meet the document set, the customs can proceed the procedure for the goods to export through harbor mouth; in case that the goods in reality do not meet the documents set, it shall not be permitted to export, the customs shall draw up the statement of violation and reseal up and entrust the Vietnamese company to reserve that good's status. When it is necessary, the customs shall draw up the statement of temporary keeping the goods and concurrently report to General Department of Customs, Ministry of Trade to settle. The company shall giv e facilities for and bear all expenses relating to the goods examination of customs office.
The goods transport supervising from import harbor mouth to export harbor mouth shall be implemented according to the regulation of General Department of Customs. Vietnamese company shall pay all the customs fees according to the regul ation in Interministerial circular (Ministry of finance - Customs) No.31/TTLB-TCHQ dated April 7, 1993.
10.3/ If the goods pass through Vietnamese territory (by land) to the export harbor mouth, the Vietnamese company shall have the following documents to submit to the examining and controlling organizations on the process of transportation 10.3 .1- Re-exportation license (original)
10.3.2- Customs declaration (original)
10.3.3- Goods buying contract, good selling contract (copies with notary seal)
10.3.4- Packing list (copy with notary seal)
10.4/ for the re-exportation goods which have the import duty paid, the Vietnamese company shall submit to the authorized organization in charge of import duty recovery the following documents:
10.4.1- Official letter proposing the recovery of the paid import duty (original).
10.4.2- Re-exportation license already checked by customs (original)
10.4.3- Import, export goods customs declarations with the examination and confirmation of customs in term of quantity, weight, kind of imported goods and re-exported goods (original)
10.4.4- Commercial good buying selling contracts (copies with notary seal) where quantity, weight, quality, kind of goods, etc. shall be clearly written.
10.4.5- Import duty receipt (original)
If import duty is not paid according to the Tax Notice from customs but paying time limit is still effective and the goods are really re-exported, then the company shall present the Tax Notice of the customs office (original) instead of the import duty receipt.
On the basis of the above documents the authorized import duty recovery organizations shall make the procedures to recover the import duty for the Vietnamese company pursuant to the regulations in Circular No.72A/TC-TCT dated August 30, 199 3 of Ministry of finance.
III. LAST PROVISIONS
Article 11:
Every quarter, the company trading in re-exportation form shall report the situation and results of implementation to the Ministry of Trade and General Department of Customs.
Article 12:
All case of violation of this Regulation shall be treated according to the existing laws.
Article 13:
This Regulation comes into force from the date of signing and replaces the temporary Regulation No.4797/TN-XNK dated July 31, 1991 of the Ministry of Commerce regarding the trading in re-exportation form.
for The Ministry of Trade Vice-Minister TA CA (Singed)
No: /TNTX. Granted on / /199 Valid to / /199 SELLER (name, address) BUYER (name, address) Document of Ministry of Trade Document of permitting the re-exportation trade No: /TM-XNK, dated / 199 No: / Dated / /199 Goods buying contract No: / Goods selling contract No. / Signed on / /199 Signed on / /199 Conditions to receive the Conditions to deliver the import goods: export goods: Delivery time: Delivery time: Means and route for transportation of goods in Vietnamese territory: NAME Of GOODS QUANTITY IMPORT EXPORTCOMPANY IMPORT-EXPORT LICENSE DEPARTMENT (signature and seal) (signature and seal) CUSTOMS Of THE HARBOR MOUTH CUSTOMS Of THE HARBOR MOUTH fOR TEMPORARY IMPORT GOODS fOR RE-EXPORT GOODS Declaration No: dated / /199 Declaration No: dated / /199 Real quantity of temporary Real re-export quantity: import goods: Other situations: Other situations: fiRST DELAY GRANTING SECOND DELAY GRANTING Date: / /199 Date: / /199 Valid until the dated Valid until the dated of / /199 dated of / /199 IMPORT-EXPORT LICENSE IMPORT-EXPORT LICENSE DEPARTMENT DEPARTMENT signature and seal) signature and seal) NOTE: