Decree No. 90/2007/NĐ-CP on the rights to export and import for foreign traders without presence in Vietnam

DECREE

Regulations on Export Rights and Import Rights of Foreign Traders without Presence in Vietnam

 without presence in Vietnam

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to Resolution No. 71/2006/QH dated November 29, 2006 of the National Assembly approving the Protocol on Vietnam's accession to the World Trade Organization;

At the proposal of the Minister of Trade.

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the export rights and import rights in Vietnam of foreign traders without presence in Vietnam.

Article 2. Applicability

1. This Decree applies to foreign traders without presence in Vietnam from countries and territories that are members of the World Trade Organization and countries and territories that have bilateral agreements with Vietnam regarding this matter.

2. Other organizations and individuals related to the export and import activities of foreign traders without presence in Vietnam as prescribed in this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Foreign trader means a trader established and registered for business in accordance with the laws of a foreign country or recognized by the laws of a foreign country.

2. Foreign trader without presence in Vietnam means a foreign trader without direct investment in Vietnam in the forms prescribed in the Investment Law, the Trade Law; without representative offices or branches in Vietnam under the Trade Law.

3. Export and import activities; export rights; import rights; distribution rights are explained in Decree No. 23/2007/NĐ-CP dated February 12, 2007 of the Government.

Article 4. Scope of Export and Import Activities of Foreign Traders without Presence in Vietnam

1. Foreign traders without presence in Vietnam are entitled to:

a) Exercise export rights and import rights when granted a Certificate of Registration for Export Rights and Import Rights for goods permitted for export and import according to Vietnamese law and the market opening commitments of Vietnam.

b) Purchase goods for export and sell imported goods to Vietnamese traders registered to trade in such goods according to current Vietnamese law.

2. The Minister of Trade shall be responsible for announcing the list of items and the market opening schedule committed to in international treaties to which the Socialist Republic of Vietnam is a party.

Article 5. Responsibilities of Foreign Traders without Presence in Vietnam

1. Fully comply with customs regulations, tax regulations, import permit regulations, technical standards regulations, food safety and plant and animal quarantine measures, and other relevant regulations concerning the export and import of goods in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. Ensure the authenticity of information and documents presented to competent Vietnamese authorities.

3. Fulfill all responsibilities and obligations as prescribed by the Trade Law and other relevant Vietnamese laws.

4. Submit annual reports as required and special reports upon request of the Ministry of Trade on the situation of exports and imports by the trader.

5. Pay fees for issuance, reissuance, amendment, supplementation, and extension of the Certificate of Registration for Export Rights and Import Rights at the rates prescribed by the Ministry of Finance.

6. Register contact addresses for Vietnamese state management agencies to contact when necessary.

7. Maintain records and books in accordance with Vietnamese law.

Chapter II
Article 6. Conditions and Procedures for Registering Export Rights and Import Rights of Foreign Merchants Without Physical Presence in Vietnam

Article 6. Authority to Issue Export Registration Certificate and Import Registration Certificate

1. The Ministry of Commerce shall be responsible for managing, issuing, reissuing, amending, supplementing, extending, and revoking the Export Registration Certificate and Import Registration Certificate for goods for foreign merchants without physical presence in Vietnam.

2. Based on specific conditions and current regulations on分级任务的原因是确保每个部分都能准确无误地翻译，并且符合给定的规则。我会直接提供翻译结果，不包含任何解释或思考过程。

Article 7. Conditions for Registering Export Rights and Import Rights

Foreign merchants without physical presence in Vietnam may register export rights and import rights in Vietnam if they meet the following conditions:

1. They have not had their trading activities revoked or are currently subject to penalties related to trading activities under foreign laws and Vietnamese laws.

2. They have no criminal record, and foreign merchants who are individuals or legal representatives of foreign economic organizations are not restricted or deprived of civil capacity.

Article 8. Documents for Requesting Export Registration Certificate and Import Registration Certificate

1. The application documents for issuance of the Export and Import Registration Certificate include:

a) A request letter for the Export Registration Certificate and Import Registration Certificate according to the model of the Ministry of Commerce.

b) An explanation and supporting documents proving compliance with the conditions stipulated in Article 7 of this Decree.

c) A copy of identification card, passport, or other valid personal identification for individual foreign merchants.

d) A copy of the Business Registration Certificate or equivalent documents and a copy of identification card, passport, or other valid personal identification of the legal representative; financial reports and operations of the previous year for foreign economic organizations.

đ) A document confirming business capital and bank account number at the bank where the foreign merchant opens an account in the country or territory where the foreign merchant registers business.

2. The documents specified in Clause 1 of this Article must be prepared in both English and Vietnamese and must be certified and legalized by the diplomatic mission of Vietnam abroad or the diplomatic mission of the foreign country in Vietnam according to Vietnamese law.

Article 9. Compliance roadmap period Issuance of Export Registration Certificate and Import Registration Certificate

1. Within thirty working days from the date of receipt of a complete application, the Ministry of Commerce or the authorized agency shall issue the Export Registration Certificate and Import Registration Certificate to the foreign merchant. In case of refusal to issue the Export Registration Certificate and Import Registration Certificate, within the time frame mentioned in this clause, the Ministry of Commerce or the authorized agency must notify the foreign merchant in writing and specify the reasons.

2. If the application is incomplete, within ten working days from the date of receipt of the application, the Ministry of Commerce or the authorized agency must notify the foreign merchant to supplement or resubmit the application.

3. Within five working days from the date of issuance of the Export Registration Certificate and Import Registration Certificate, the foreign merchant without physical presence in Vietnam must publicly announce the contents recorded in their Export Registration Certificate and Import Registration Certificate in three consecutive issues of mass media or one of the types of newspapers widely distributed throughout Vietnam.

Article 10. Content and validity period of the Export License and Import License Registration Certificate

1. The content of the Export License and Import License Registration Certificate includes:

a) Name, address of residence or main office, nationality of foreign traders.

b) Sample signature of individual foreign traders or representative of organizational foreign traders to exercise export rights and import rights.

c) Types of goods for exercising export rights, types of goods for exercising import rights.

d) Validity period of the Export License and Import License Registration Certificate.

2. The maximum validity period of the Export License and Import License Registration Certificate is 5 (five) years.

Article 11. Exercise of Export Rights and Import Rights

1. After being issued the Export License and Import License Registration Certificate, foreign traders without presence in Vietnam must register for tax identification number with the Provincial Tax Department where the trader was granted the Export License and Import License Registration Certificate.

2. When exercising export rights and import rights, foreign traders without presence in Vietnam must fulfill tax obligations, fees, charges, and other financial obligations, or implement security measures as prescribed by Vietnamese law before goods are allowed to clear customs; bear responsibility related to exported and imported goods according to Vietnamese law.

3. Foreign traders without presence in Vietnam must fully comply with other obligations as prescribed by Vietnamese law.

Article 12. Amendment, Supplement, and Reissue of the Export License and Import License Registration Certificate

1. Foreign traders without presence in Vietnam have the right to submit a written request to the issuing authority of the Export License and Import License Registration Certificate to amend or supplement the Export License and Import License Registration Certificate when there is a change in any of the contents specified in points a, b, c of Clause 1 of Article 10 of this Decree.

2. Foreign traders without presence in Vietnam have the right to submit a written request to the issuing authority of the Export License and Import License Registration Certificate to reissue the Export License and Import License Registration Certificate in case the Registration Certificate is lost, torn, damaged, burned, or destroyed in any form.

3. Within 15 (fifteen) working days from the date of receipt of the written request and valid documents, the issuing authority of the Export License and Import License Registration Certificate shall amend, supplement, or reissue the Export License and Import License Registration Certificate for foreign traders without presence in Vietnam.

4. Within 5 (five) working days from the date of amendment or supplementation of the Export License and Import License Registration Certificate, foreign traders without presence in Vietnam must publicly announce the amended or supplemented contents recorded in their Export License and Import License Registration Certificate as stipulated in Clause 3 of Article 9 of this Decree.

Article 13. Extension of Export and Import Registration Certificate

1. Sixty (60) working days before the expiry date of the Export and Import Registration Certificate, foreign traders without a presence in Vietnam may request an extension of the Export and Import Registration Certificate if they meet the following conditions:

a) The conditions stipulated in Article 7 of this Decree.

b) They have fully fulfilled their obligations to the State, organizations, and individuals related to export and import activities in accordance with Vietnamese laws and regulations set forth in this Decree.

c) They have not been subject to penalties under Clause 2, Article 15 of this Decree.

2. The application for extending the Export and Import Registration Certificate shall include:

a) A request for extension of the Export and Import Registration Certificate in the format prescribed by the Ministry of Commerce.

b) A report on export and import activities from the date the Export and Import Registration Certificate was issued until the date of the extension request, in the format prescribed by the Ministry of Commerce.

c) A copy of the Export and Import Registration Certificate that has been issued.

3. The application for extending the Export and Import Registration Certificate must be prepared in both Vietnamese and English and must be certified and legalized by the diplomatic mission of Vietnam abroad or the diplomatic mission of a foreign country in Vietnam in accordance with Vietnamese laws.

4. The period for issuing the extended Export and Import Registration Certificate shall comply with the provisions of Article 9 of this Decree.

5. The duration of the extended Export and Import Registration Certificate is five (5) years.

6. Within five (5) working days from the date of extension of the Export and Import Registration Certificate, foreign traders without a presence in Vietnam must publicly announce the contents recorded in the extended Export and Import Registration Certificate as provided for in Clause 3, Article 9 of this Decree.

Article 14. Termination of Export and Import Rights in Vietnam

1. The export and import rights of foreign traders without a presence in Vietnam will be terminated in the following cases:

a) Expiration of the activity period recorded in the Export and Import Registration Certificate without requesting an extension or without approval for an extension by the issuing authority.

b) At the request of the trader.

c) By decision of the competent state management agency in Vietnam due to violation of laws to the extent of criminal prosecution; revocation of the Export and Import Registration Certificate; failure to meet the conditions for exercising export and import rights registered in accordance with Article 7 of this Decree.

2. In the event of termination of export and import rights as provided for in Clause 1 of this Article, foreign traders without a presence in Vietnam are obligated to settle all debts and other obligations with the State, organizations, and individuals in Vietnam.

3. In the case of termination of operations as provided for in points a and b of Clause 1 of this Article, foreign traders without a presence in Vietnam must send a notification of termination of operations to the issuing authority of the Export and Import Registration Certificate and must publicly announce it in three consecutive issues of mass media or in one of the types of national newspapers published in Vietnam at least sixty (60) days prior to the expected date of termination of operations.

Chapter III
VIOLATION HANDLING AND COMPLAINT AND DENUNCIATION RESOLUTION

Article 15. Handling Violations

1. Foreign traders without a presence in Vietnam who violate the law shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation according to Vietnamese laws.

2. Foreign traders without a presence in Vietnam shall have their Export and Import Registration Certificate revoked in the following cases of violation:

a) False information in the application documents for the Export and Import Registration Certificate.

b) Activities not conforming to the content specified in the issued Export and Import Registration Certificate.

c) Failure to submit annual reports or reports upon request by the Ministry of Commerce for two consecutive years.

d) Other violations of the law requiring the revocation of the business registration certificate as stipulated by Vietnamese laws.

Article 16. Handling complaints and reports

The handling of complaints and reports from foreign traders without a presence in Vietnam or from other organizations and individuals related to the export and import activities of foreign traders without a presence in Vietnam shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 18. Implementation Organization

1. The Ministry of Trade shall be responsible for guiding procedures for registering to exercise export rights and import rights as prescribed in this Decree.

2. The Ministry of Finance shall be responsible for guiding customs procedures and taxes for goods exported and imported by foreign traders without a presence in Vietnam; taking the lead and coordinating with the Ministry of Trade to specify and manage fees for issuing, amending, supplementing, extending, and reissuing Export Registration Certificate and Import Registration Certificate for foreign traders without a presence in Vietnam as prescribed in this Decree.

3. The State Bank shall be responsible for guiding foreign exchange regulations related to the implementation of export rights and import rights by foreign traders without a presence in Vietnam as prescribed in this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree./.