CIRCULAR guide implementation of Decree 44/2001/ND-CP dated 2/8/2001 of the Government on amendments and supplements to some articles of Decree No. 58/1998/ND-CP dated 31/7/1998 of the Government regulation in detail trade law on export activities, importing, processing and sales agents of foreign goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 44/2001/ND-CP of July 8 in 2001 the Government about amending and supplementing a number of articles of Decree No. 58/1998/ND-CP dated 31 July 1998 from the Government detailing the trade Enforcement Act of exportation, importation, processing and purchasing agents of foreign goods;
Ministry of Commerce Guide to some specific points to implement Decree No. 44/2001/ND-CP DATED as follows: i. EXPORT BUSINESS, importing 1. For traders traders 1.1 Vietnam Vietnam says in this circular is understood: + enterprises was established and registered under the law on business enterprises, the law on State enterprises and the law on cooperatives;
+ Individual business households was held and business registration according to Decree No. 02/2000/ND-CP dated 3 February 2000 from the Government about business registration.
1.2. The trader Vietnam export rights, mandated and entrusted to export all kinds of goods, regardless of industry sector recorded in the certificate of registration of business, excluding the goods in the list of goods banned for export and goods as defined in section 1.3 below; to be imported, mandated and entrusted to import goods for industry sector recorded in the certificate of business registration.
1.3. for the goods belonging to the category of goods, trade service limiting business; Category of goods, commercial services business condition, the trader must fulfill the current provisions of the law on sales of such goods prior to export, import and export, and export half mandate.
1.4. Branch traders are export, import goods authorized by traders.
1.5. The export/import of business for foreign capital investment made by circular No. 22/2000/TT-BTM, on 15 December 2000 of the Ministry of Commerce Guide to perform the Decree No. 24/2000/ND-CP dated 31 July 2000 from the Government detailing the implementation of the law on foreign investment in Vietnam import and other trade activities of the business for foreign investment and the legal texts concerned.
2. for foreign traders branch in Vietnam branch foreign traders in Vietnam made the export and import of goods under the provisions of Decree No. 45/2000/ND-CP dated 6 September 2000 by the Government regulation of representative offices, branches of foreign traders and foreign travel business in Vietnam , Circular No. 20/2000/TTLT-BTM-TCDL on 20 October 2000 of the Ministry of Commerce-tourism guide implementation of Decree No. 45/2000/ND-CP dated 12 September 2000 and the other legal texts concerned.
3. Registration code: import-export business before conducting business activities in the export, import, business entities defined in points 1, 2 part I of this circular must register code, import export business in the city, the Bureau of customs.
II. IMPORT And EXPORT GOODS PROCESSING PREMISES And LIQUIDATED The CONTRACT With FOREIGN MERCHANTS PROCESSING 1. Conditions, export-import procedures in place work-item 1.1. Vietnam traders and businesses have foreign-đáu venture capital (business-FDL) is exported in place of products; machinery and equipment for rent or borrow; raw materials, auxiliary materials; excess supplies; scrap, scrap (processing goods for short) for traders to Vietnam or other FDI enterprises import needs.
1.2. Legal basis of the activities of import and export goods processing premises are two separate contracts:-contract machining or Appendix signed between traders or Vietnam FDI foreign traders with latest tools, which specify the name and delivery address of trader or Vietnam FDI and import in place of goods under processing the ownership of the party place.
-Foreign trade purchase contract signed between foreign traders most recent offshoring and Vietnam or business traders import FDI in manufacturing it.
1.3. conditions. import and export goods processing premises:-goods processing not in the list of goods prohibited importation.
-For licensed imports, before signing a contract that traders must apply for import license of the authorized agency.
-For imports in the category of specialized management goods must meet the conditions of import management.
Used goods after processing; scrap, scrap import in place to comply with the regulations of the Ministry of science, technology and the environment with respect to imported goods used to build.
1.4. import and export procedures in place every work-traders or Vietnam FDI is authorized to export goods processing premises must export shipment procedures in accordance with the customs regulations and procedures for the liquidity contract with customs registration of contract work.
Vietnam FDI enterprise or traders importing goods processing premises to do the import procedure prescribed by the customs, the import tax and make other financial obligations (if any) prescribed by the law.
2. Liquidate the contract work after the end of a section or the entire outsourcing contracts, outsourcing goods are processed according to the agreement of the parties to the contract in accordance with the provisions of the law. Export-import procedure, re-export, sale, presentation, donation, destruction, other contract to be made at the customs. The case for the sale, presentation, donation, destruction of goods work in the category prohibited imports, import permits must be approved by Department of Commerce in writing.
III. This circular is effective from May 4, 2001. Repeal of previous regulations contrary to the provisions of this circular.