The Decision abolishes the approval of export plans for foreign-invested enterprises, instead allowing such enterprises to directly handle export procedures at customs authorities. This Decision applies to foreign-invested enterprises (FDI) and does not require registration of export plans.
Scope of application
Foreign-invested enterprise (FDI).
Key points
- FDI enterprises → are not required to register export plans with authorized agencies by the Ministry of Trade but are allowed to directly handle export procedures at customs authorities.
- In cases where goods produced under Investment License or Business License are exported, only a copy of the license needs to be presented once to the customs authority.
- For goods purchased in Vietnam for export or processed for export, the Customs Declaration must clearly state "Goods purchased in Vietnam for export."
- For exports of goods listed in the Export Goods List with Conditions, enterprises must present allocation quotas or export targets issued by the Ministry of Trade and confirmation documents from specialized management ministries.
- Enterprises must report to the Ministry of Trade, the Ministry of Planning and Investment, and authorized agencies on the actual quantity and value of exported goods compared to the ratio specified in the Investment License or Business License.
🌐 Social impact of this document
- Positive impact: Reduces administrative procedures, helping FDI enterprises save time and costs.
- Negative impact: May lead to unclear export management if enterprises fail to comply with reporting requirements to the Ministry of Trade.
❓ Frequently asked questions
Do FDI enterprises need to register export plans?
No, FDI enterprises are not required to register export plans with agencies authorized by the Ministry of Trade. They only need to handle export procedures directly at customs authorities.
When do FDI enterprises need to present copies of Investment Licenses or Business Licenses?
FDI enterprises only need to present a copy of the Investment License or Business License once (initially) to the customs authority when exporting goods produced according to the provisions of the license.
If goods are purchased in Vietnam for export, what must FDI enterprises do?
FDI enterprises must clearly state in the Customs Declaration "Goods purchased in Vietnam for export."
When do FDI enterprises need to present allocation quotas or export targets?
FDI enterprises must present allocation quotas or export targets issued by the Ministry of Trade for goods subject to quota or target limits.
What reports must FDI enterprises submit to regulatory authorities?
FDI enterprises must report to the Ministry of Trade, the Ministry of Planning and Investment, and authorized agencies on the actual quantity and value of exported goods compared to the ratio specified in the Investment License or Business License.
Full text
DECISION OF THE MINISTER OF TRADE
Abolish the approval of export plans for foreign-invested enterprises||| Based on Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Government onseveral measures to encourage and ensure the operation of direct foreigninvestment in Vietnam;
_________________________
THE MINISTER OF TRADE
Based on Decision No. 53/1999/QĐ-TTg dated March 26, 1999 of the Prime Ministeron several measures to encourage direct foreign investment;
Based on Circular No. 801/CP-QHQT dated July 31, 1999 of the Prime Minister onthe procedures for approving export plans of foreign-invested enterprises;
Abolish the approval of export plans for foreign-invested enterprises as prescribedin Decision No. 0321/1998/QĐ-BTM dated March 14, 1998 of the Minister of Trade onthe issuance of detailed regulations to implement Decree No. 12/CP dated February18, 1997 and Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Governmentrelating to import and export activities and product consumption in Vietnam andprocessing by foreign-invested enterprises and joint ventures based on cooperationcontracts.
Pursuant to …;
Article 1Foreign-invested enterprises are not required to register export plans with theauthority delegated by the Ministry of Trade to approve import and export plansand manage trade activities for foreign-invested enterprises but may directlyproceed with export procedures at customs authorities according to currentregulations on import and export.
Article 21\. In cases where goods are exported that are produced in accordance with theInvestment License or Business License, the enterprise only needs to present onceto the customs authority a copy of the Investment License or Business License forexport procedures.
2\. In cases where goods purchased in Vietnam for export or processed for export, theenterprise must clearly state in the Customs Declaration "Goods purchased inVietnam for export."
3\. In cases where goods listed in the Export Goods Catalogue subject to conditionsas stipulated in the Prime Minister's Decision on managing annual import andexport of goods, the enterprise shall submit to the customs authority:
The allocation document of quota or export target for goods subject to quota ortarget set by the Ministry of Trade.
The confirmation document of the specialized management ministry for goodsunder specialized management.
Quarterly, the enterprise reports on the implementation of exports to theMinistry of Trade, the Ministry of Planning and Investment, and the authorizedagency by the Ministry of Trade:
Article 3Quantity and value of exported goods produced by the enterprise, actual exportratio compared to the export ratio specified in the Investment License or BusinessLicense.
Quantity and value of exported goods purchased from Vietnam.
Any recommendations (if any).
This Decision takes effect fifteen days from the date of signature.
Article 4. This Decision shall take effect fifteen days from the date of signature. /\.
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