Decision No. 1311/1998/QĐ-BTM promulgates the Business Operation Regulation for Transshipment and the Business Operation Regulation for Temporary Importation for Re-export.

Pursuant to …;

Issuing the Business Rules for Through Trade and the Business Rules for Temporary Import for Re-export

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THE MINISTER OF TRADE

Pursuant to Decree No. 95/CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Commercial Law on export, import, processing, and agency sales of goods with foreign countries;

Pursuant to …;

Article 1. Now hereby issuing along with this Decision the following two Business Rules:

- The Business Rules for Through Trade.

- The Business Rules for Temporary Import for Re-export.

Article 2. This Decision shall take effect fifteen days from the date of signature. Any previous regulations contrary to the provisions of this Decision shall be abolished.

Article 3. The Heads of relevant Departments, Heads of Export-Import Management Departments shall be responsible for guiding the implementation of these Business Rules.

REGULATIONS

Temporary Import for Re-export
(Issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998)

I. GENERAL PROVISIONS:

Article 1. Temporary Import for Re-export as defined in these Rules refers to the activity where a Vietnamese trader purchases goods from one country to sell to another country, with the goods being imported into Vietnam and then re-exported out of Vietnam.

Temporary Import for Re-export is carried out based on two separate contracts: the purchase contract signed by the Vietnamese trader with the exporter and the sale contract signed by the Vietnamese trader with the importer. The purchase contract may be signed before or after the sale contract.

Article 2.

2.1. The import and export of machinery, equipment, raw materials, auxiliary materials, supplies, waste products, scrap materials, and processed products under processing contracts are not considered temporary import for re-export.

2.2. Temporary import for re-export of goods for display, exhibition, trade fairs; Temporary import for re-export of machinery, equipment, leased or borrowed items for investment projects and other purposes shall be regulated by separate rules.

Article 3. Vietnamese traders who have registered business codes for export-import operations are eligible to engage in temporary import for re-export and must comply with the provisions of these Rules.

II. CONDITIONS AND PROCEDURES FOR TEMPORARY IMPORT FOR RE-EXPORT BUSINESS

Article 4.

4.1. Vietnamese traders are allowed to conduct temporary import for re-export of goods consistent with the commodity categories listed in their business registration certificate.

4.2. Vietnamese traders can only engage in temporary import for re-export of goods listed in the prohibited export/import list, temporarily suspended export/import list, and petroleum products (excluding lubricating oil) when they obtain written approval from the Ministry of Commerce.

Article 5. Goods subject to temporary import for re-export may remain in Vietnam for no more than ninety days from the date of completion of import procedures.

In case of need for extension, the trader must submit a written request for extension to the Customs Department of the province or city where the procedures were conducted; each extension period shall not exceed thirty days and shall not exceed three extensions for each consignment of temporarily imported goods.

Article 6. Goods subject to temporary import for re-export must go through customs formalities at international border gates or border gates permitted by the Government where there is a customs office organization and shall be under the supervision of Customs until they are exported out of Vietnam.

Article 7. Payment for goods under temporary import for re-export must comply with the regulations of the State Bank of Vietnam on payment for export and import goods.

Article 8. The customs declaration documents include:

To be submitted to Customs:

- Purchase contract, sale contract (certified copy by the enterprise).

- Relevant documents related to the delivery of goods as specified in the contract.

- For goods listed in the prohibited export/import list, temporarily suspended export/import list, and petroleum products, a written approval from the Ministry of Commerce is required (certified copy by notary or the Ministry of Commerce).

To be presented to Customs:

- Business registration certificate with registered business code for export-import (certified copy by notary).

III. FINAL PROVISIONS:

Article 9. All violations of these Rules shall be dealt with according to the law.

Article 10. These Rules shall take effect fifteen days from the date of signature and replace the Business Rules on Temporary Import for Re-export issued together with Decision No. 1064/TM-PC dated August 18, 1994 of the Ministry of Commerce.

REGULATIONS

Through Trade
(Issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998)

I. GENERAL PROVISIONS:

Article 1. Through Trade as defined in these Rules refers to the activity where a Vietnamese trader purchases goods from one country to sell to another country without going through the import procedures in Vietnam and without going through the export procedures out of Vietnam.

Through Trade is implemented in the following forms:

1.1. Goods are transported directly from the exporting country to the importing country without passing through a Vietnamese border gate.

1.2. Goods are transported from the exporting country to the importing country via a Vietnamese border gate but without going through the import procedures in Vietnam and without going through the export procedures out of Vietnam.

1.3. Goods are transported from the exporting country to the importing country via a Vietnamese border gate and placed in a bonded warehouse without going through the import procedures in Vietnam and without going through the export procedures out of Vietnam.

Article 2. Through Trade is carried out based on two separate contracts: the purchase contract signed by the Vietnamese trader with the exporter and the sale contract signed by the Vietnamese trader with the importer. The purchase contract may be signed before or after the sale contract.

Article 3. Vietnamese traders who have registered business codes for export-import operations are eligible to engage in through trade and must comply with the provisions of these Rules.

II. CONDITIONS AND PROCEDURES FOR THROUGH TRADE BUSINESS:

Article 4.

4.1. Vietnamese traders are allowed to conduct through trade of goods consistent with the commodity categories listed in their business registration certificate.

4.2. Vietnamese traders can only engage in through trade of goods listed in the prohibited export/import list when they obtain written approval from the Ministry of Commerce.

Article 5. Payment for goods under through trade must comply with the regulations of the State Bank of Vietnam on payment for export and import goods.

Article 6. Goods in transit passing through a Vietnamese border gate shall be under the supervision of Customs until such goods are removed from Vietnam.

Documents submitted to Customs include:

- Purchase contracts, sale contracts (certified copies by the enterprise);

- Approval documents of the Ministry of Commerce for goods listed in the prohibited export and import catalogue (certified copies by notary or the Ministry of Commerce);

Documents to be presented to Customs:

- Business registration certificate with registered business code for export-import (certified copy by notary).

III. FINAL PROVISIONS:

Article 7. Any violation of this Regulation shall be handled in accordance with the provisions of the law.

Article 8. This Regulation shall take effect fifteen days after the date of signature and shall replace the Regulation on trading in transit issued together with Decision No. 1064/TM-PC dated August 18, 1994 of the Ministry of Commerce.