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You are here: Investors » How to invest » Laws and regulations on investment » Circular No.08 of the Ministry of Industry and Trade
Circular No.08 of the Ministry of Industry and Trade
Foreign-invested enterprises are entitled to carry out goods trading and directly related activities only as prescribed in the certificates of investment, business licenses or licenses for setting up retail establishments and other relevant law regulations.

 

THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 08/2013/TT-BCT

Hanoi, April 22, 2013

 

CIRCULAR

DETAILING THE GOODS TRADING AND DIRECTLY RELATED ACTIVITIES OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM

Pursuant to the Government’s Decree No. 95/2012/ND-CP, of November 12, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No.108/2006/ND-CP, of September 22, 2006 detailing and guiding implementation of a number of articles of the Law on investment;

Pursuant to the Government's Decree No. 23/2007/ND-CP, of February 12, 2007, detailing the Commercial Law regarding goods trading and directly related activities of foreign-invested enterprises in Vietnam;

At the proposal of Director of Planning Department;

The Minister of Industry and Trade promulgates Circular detailing goods trading and directly related activities of foreign-invested enterprises in Vietnam:

Chapter 1

GENERAL PROVISIONS

Article 1. Investment in goods trading and directly related activities

Foreign investors or foreign-invested enterprises in Vietnam that meet the conditions specified at Point a, Clause 1, Article 4 of Decree No. 23/2007/ND-CP may invest in goods trading and directly related activities in the forms and according to the roadmaps provided for in Appendix 01 to the Decision No. 10/2007/QD-BTM dated May 21, 2007, of the Minister of Trade (now as the Minister of Trade and Industry) publicizing roadmaps for goods trading and directly related activities and other relevant regulations.

Article 2. Scope of performing the goods trading and directly related activities

Foreign-invested enterprises are entitled to carry out goods trading and directly related activities only as prescribed in the certificates of investment, business licenses or licenses for setting up retail establishments and other relevant law regulations.

Article 3. Exercise of the right to export

1. Foreign-invested enterprises already licensed to exercise the right to export, are entitled to purchase goods in Vietnam for export, including goods imported in Vietnam by them or other enterprises already finished tax liability and other financial obligations, under the following conditions:

a. Export goods which are not in the list of those banned from export, list of those temporarily suspended from export, list of those of which the right to export is not granted according to international commitments;

b. For export goods in the list of conditional export goods, enterprises must meet conditions as prescribed by law;

c. For export goods in the list of goods to be exported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The export commodities must be suitable with content of the right to export which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to export are entitled to directly do procedures for export of goods at customs agencies as prescribed by law.

3. The foreign-invested enterprises already licensed for right to export are responsible for implementation of tax liability and other financial obligations for export of goods as prescribed by law.

4. The foreign-invested enterprises already licensed for right to export are entitled to directly purchase only goods of Vietnamese traders who have business registration or right to import, right to distribute such goods for export; not entitled to organize the network of goods purchase in Vietnam for export, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4. Exercise of the right to import

1. Foreign-invested enterprises already licensed to exercise the right to import, are entitled to import goods from other countries in Vietnam under the following conditions:

a. Export goods which are not in the list of those banned from import, list of those temporarily suspended from import, list of those of which the right to import is not granted according to international commitments;

b. For export goods in the list of conditional import goods, enterprises must meet conditions as prescribed by law;

c. For export goods in the list of goods to be imported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The import commodities must be suitable with content of the right to import which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to import are entitle to directly do procedures for import of goods at customs agencies as prescribed by law.

3. The foreign-invested enterprises already licensed for right to import are responsible for implementation of tax liability and other financial obligations for import of goods as prescribed by law.

4. The foreign-invested enterprises already licensed for right to import but not yet licensed for right to distribute are entitled to directly sell import goods for Vietnamese traders who have business registration or right to export, right to distribute such goods; not entitled to organize or participate in the network of goods distribution in Vietnam, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 5. Exercise of the right to distribution

1. Foreign-invested enterprises already licensed to exercise the right to distribution, are entitled to distribute goods which are produced in Vietnam and legally imported in Vietnam under the following conditions:

a. The distributed goods are not in the list of those banned from business and list of those of which the right to distribution is not granted under international commitments;

b. For goods restrained for business or goods of conditional business, enterprises must meet conditions as prescribed by law;

c. For distribution goods in the list of goods to be distributed under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;

d. The distribution commodities must be suitable with content of the right to distribution which enterprises have been licensed for implementation.

2. The foreign-invested enterprises already licensed for right to distribution are responsible for implementation of tax liability and other financial obligations for distribution of goods as prescribed by law.

Article 6. Exercise of goods trading and directly related activities with the exporting and processing enterprises

1. Foreign-invested exporting and processing enterprises already licensed to exercise the right to export, import, are entitled to exercise the respective rights specified in Article 3 and Article 4 of this Circular.

2. The foreign-invested exporting and processing enterprises already licensed to exercise the right to distribution, are entitled to exercise the right to distribution specified in Article 5 of this Circular, including distribution for the exporting and processing enterprises and enterprises outside of processing and exporting zones in Vietnam.

3. The foreign-invested enterprises not being exporting and processing enterprises already licensed to exercise the right to distribution, are entitled to exercise the right to distribution specified in Article 5 of this Circular, including distribution for the exporting and processing enterprises.

4. The exporting and processing enterprises are responsible for implementation of tax liability and other financial obligations for goods trading and directly related activities in accordance with law.

5. The investment incentives, tax incentives and other financial incentives applying to production for export of foreign-invested exporting and processing enterprises are not applicable to the goods trading and directly related activities of the foreign-invested exporting and processing enterprises.

Article 7. Setting up of retail establishments

1. The setting up of retail establishments including the first retail establishments must abide by law regulations on state management for retail activities and be conformable with the related master plans of central-affiliated cities and provinces, where are expected for setting up of retail establishments.

2. The setting up of retail establishments in addition to the first retail establishments are considered for each specific case based on the examination on economic demand of each locality where place retail establishment under the criteria: Quantity of retail establishments, stability of market, residential density and scale of district-level localities where are expected for the setting up of retail establishments.

3. In case of setting up a retail establishment with area of less than 500m2 in area planned for goods trading activities by central-affiliated cities and provinces and already finished construction of infrastructure, it is not required to perform provision on checking the economic demand in clause 2 of this Article. This provision does not apply in cases of having changes on planning and this condition is not exist.

4. People’s Committees of central-affiliated cities and provinces (herein after referred to as provincial People’s Committees) shall establish a Council of checking the economic demand to consider the conformity of setting up of a retail establishment in addition to the first retail establishment according to criteria specified in clauses 1 and 2 of this Article.

5. Members of the council of checking the economic demand include representatives of: The provincial People’s Committee; the provincial Department of Planning and Investment (or the management board of economical area where place retail establishment); the Service of Industry and Trade and relevant agencies, sectors (decided by the chairperson of provincial People’s Committee).

In case the place to set up retail establishment in geography area of ward level adjacent to other central-affiliated cities and provinces, the Council of checking the economic demand must include representatives of the adjacent provincial People’s Committees.

6. The working result of Council of checking economic demand must be adopted in writing by provincial People’s Committee. This document is a part in dossier of the setting up of retail establishment which is sent to the Ministry of Industry and Trade for acceptance opinion.

7. The foreign-invested enterprises already issued certificates of investment with content of the setting up of retail establishments in addition to the first retail establishments not fall in case specified in clause 3 Article 7 of this Circular but have not yet been licensed for setting up of retail establishments as prescribed in the Decree No. 23/2007/ND-CP, must do procedures for license of setting up of retail establishments as prescribed in Article 19 of this Circular.

Article 8. The setting up of branches for exercise of goods trading and directly related activities

Foreign-invested enterprises in Vietnam that set up branches for exercise of goods trading and directly related activities or set up retail establishments in association with setting up of branches must comply with regulations of the Law on investment, the Law on enterprises, the Decree No. 23/2007/ND-CP and regulations on this Circular.

Article 9. Activities of capital contribution, share purchase of foreign investors in Vietnamese enterprises in order to exercise goods trading and directly related activities

Enterprises shall become foreign-invested enterprises exercising goods trading and directly related activities from activities of capital contribution, share purchase of foreign investors in Vietnamese enterprises and must comply with regulations of the Decree No. 23/2007/ND-CP and this Circular.

Chapter 2

PROCEDURES FOR THE LICENSE TO EXERCISE THE GOODS TRADING AND DIRECTLY RELATED ACTIVITIES

Article 10. The license to exercise right to export, right to import, but not concurrently exercise right to distribution or activities directly related to goods trading

1. The foreign investors who invest to exercise right to export, right to import must do procedures for grant of investment certificates; the foreign-invested enterprises in Vietnam which supplement the operational targets for exercise of right to export, right to import must do procedures for adjustment of investment certificates.

a. A dossier comprises:

- Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of right to export and right to import;

- Vouchers of tax agencies on performing the enterprise income tax liability within two consecutive years for case the foreign-invested enterprises wish to supplement the exercise of right to export, right to import. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

b. The competent state agencies shall base on relevant regulations to grant investment certificates or adjust investment certificates in order to supplement the operational target for exercise of right to export, right to import. The investment certificate shall concurrently be business license. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

2. For a foreign-invested enterprises already granted investment certificate for exercise of right to export, right to import, when it adjusts content of exercise of right to export, right to import, it must do procedures for adjustment of investment certificate or procedures for adjustment of investment certificate enclosed with grant of business license (at its request).

a. Case of adjustment of investment certificate, a dossier comprises:

- Dossier of verification for adjustment of investment certificate as prescribed by law on investment;

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of adjustment content;

- Reports on exercise of right to export, right to import according to forms BC-1, BC-2 and BC-3 promulgated together with this Circular.

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

b. Case of adjustment of investment certificate enclosed with grant of business license, a dossier comprises:

- Dossier specified in point a clause 2 of this Article;

- Application for business license according to the form MD-1 promulgated together with this Circular.

c. The competent state agencies shall base on relevant regulations to adjust investment certificates about exercise of right to export, right to import or adjust investment certificates about exercise of right to export, right to import enclosed with grant of business license according to form GP-1 promulgated together with this Circular. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

Article 11. Grant of license to exercise the goods trading and directly related activities

1. The foreign investors with investment projects on exercise of goods trading and directly related activities in association with the setting up of enterprises must do procedures for grant of investment certificates.

a. A dossier comprises:

- Dossier of verification for grant of investment certificate as prescribed by law on investment;

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of operational target of goods trading and directly related activities.

b. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant investment certificate. The investment certificate shall concurrently be business license.

c. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

2. If a foreign investor already granted investment certificate for exercise of goods trading and directly related activities has investment project to establish another economic organization or participate in investment in project of another economic organization aiming to exercise goods trading and directly related activities, it must do procedures for grant of investment certificates.

a. A dossier comprises:

- Dossier specified in point a clause 1 of this Article;

- Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

b. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant investment certificate. The investment certificate shall concurrently be business license.

c. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

3. If a foreign-invested enterprise already granted investment certificate for exercise of goods trading and directly related activities wish to adjust content of exercise of goods trading and directly related activities, it must do procedures for adjustment of investment certificate or procedures for adjustment of investment certificate enclosed with grant of business license (at its request).

a. Case of adjustment of investment certificate, a dossier comprises:

- Dossier of verification for adjustment of investment certificate as prescribed by law on investment;

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of adjustment content;

- Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

b. Case of adjustment of investment certificate enclosed with grant of business license, a dossier comprises:

- Dossier specified in point a clause 3 of this Article;

- Application for business license according to the form MD-1 promulgated together with this Circular.

c. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.

Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.

In case of only adjusting investment certificate, within 07 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state management agency shall adjust content of exercise of goods trading and directly related activities in the investment certificate.

In case of adjusting investment certificate enclosed with grant of business license, within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state management agency shall adjust content of exercise of goods trading and directly related activities in the investment certificate enclosed with grant of business license according to the form GP-1 promulgated together with this Circular.

d. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

Article 12. Grant of license to supplement operational target of goods trading and directly related activities

1. If the foreign-invested enterprises already granted investment certificate wish to supplement operational target of goods trading and directly related activities, they must do procedures for adjustment of investment certificate and grant of business license. A dossier comprises:

a. Dossier of verification for adjustment of investment certificate as prescribed by law on investment;

b. Dossier of grant of business license comprises:

- Application for business license according to the form MD-1 promulgated together with this Circular.

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of goods trading and directly related activities;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

2. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agency shall adjust and supplement the operational target of goods trading and directly related activities in the investment certificate and grant business license according to the form GP-1 promulgated together with this Circular. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.

Article 13. Amending and supplementing business license of goods trading and directly related activities

1. Amending the registered information

a. A dossier comprises:

- Application for amending and supplementing business license according to the form MD-2 promulgated together with this Circular;

- Documents relating to the amending content;

- Business license already granted (original).

b. Within 10 working days, as from fully receiving the valid dossiers as prescribed in point a clause 1 of this Article, the competent state agency shall grant new business license according to the form GP-1 promulgated together with this Circular, concurrently withdraw the granted business license.

2. Supplementing content of exercise of goods trading and directly related activities

a. A dossier comprises:

- Application for amending and supplementing business license according to the form MD-2 promulgated together with this Circular;

- A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

- Documents proving the financial capability and experiences of investor in exercise of the supplementing content;

- Report on exercise of goods trading and directly related activities which have been granted license according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

- Business license already granted (original).

b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.

Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant business license according to the form GP-1 promulgated together with this Circular, concurrently withdraw the granted business license.

Article 14. Re-grant of business license

1. A dossier comprises:

a. Application for re-grant of business license according to the form MD-3 promulgated together with this Circular.

b. The remaining part of business license original which is able to indentify in case it is torn, burned or destroyed partly; or written confirmation about report on loss of business license of police agency, or written explaination on reason with commitment of enterprise in case it is torn, burned or destroyed entirely.

2. The competent state agencies shall grant new business license with content in proper with content of granted business license.

Article 15. Grant of license to exercise the operational target of goods trading and directly related activities after temporarily stopping or terminating other operational targets

1. If a foreign-invested enterprise temporarily stop or terminate the licensed operational targets and only exercise the operational target of goods trading and directly related activities, the competent state agency shall send dossier to consult the Ministry of Industry and Trade about adjustment of operational target of such enterprise.

2. After having opinion of the Ministry of Industry and Trade, the competent state agency shall consider and adjust investment certificate, business license.

Chapter 3

LICENSE FOR SETTING UP RETAIL ESTABLISHMENTS

Article 16. License for setting up retail establishments

1. If a foreign-invested enterprise wish to set up a retail establishment in addition to the first retail establishment, it must do procedures for license for setting up retail establishment, a dossier comprises:

a. Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;

b. Dossier of license for setting up retail establishments, comprising:

- Application for license to set up retail establishment according to the form MD-4 promulgated together with this Circular;

- A written explanation about the satisfaction of conditions as prescribed in clauses 1 and 2 article 7 of this Circular;

- Document of provincial People’s Committee that approves the working result of the Council of checking the economic demand as prescribed in Article 7 of this Circular.

- Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

2. After having acceptance of the Ministry of Industry and Trade, the competent state agency shall grant the license for the setting up of retail establishments according to the form GP-2 promulgated together with this Circular.

Article 17. Amendment and supplementation of License for setting up retail establishments

1. Amending the registered information

a. A dossier comprises:

- Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;

- The issued License for setting up retail establishments (original).

b. Within 10 working days, as from fully receiving the valid dossiers as prescribed in point a clause 1 of this Article, the competent state agency shall grant new license for the setting up of retail establishment, concurrently withdraw the issued license for the setting up of retail establishment.

2. Amending the size of retail establishment

a. A dossier comprises:

- Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;

- Documents related to the amendment of the size of retail establishment;

- Document of provincial People’s Committee that approves the working result of the Council of checking the economic demand if a enterprise adjust for increasing size of its retail establishment up to the level which the implementation of provision on checking economic demand is required as Article 7 of this Circular.

- Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

- The issued License for setting up retail establishments (original).

b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.

Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.

Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant new license for the setting up of retail establishment according to the form GP-2 promulgated together with this Circular, concurrently withdraw the issued license for the setting up of retail establishment.

3. Supplementing the operational contents of retail establishment

a. A dossier comprises:

- Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;

- Documents that prove the financial capability and experiences of investor in detailed implementation of the supplementing contents;

- Report on exercise of goods trading and directly related activities which have been granted license according to form BC-3 promulgated together with this Circular;

- Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.

- The issued License for setting up retail establishments (original).

b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.

Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.

Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant new license for the setting up of retail establishment according to the form GP-2 promulgated together with this Circular, concurrently withdraw the issued license for the setting up of retail establishment.

Article 18. Re-grant of License for setting up retail establishments

1. A dossier comprises:

a. Application for re-grant of license for the setting up of retail establishment according to the form MD-3 promulgated together with this Circular;

b. The remaining part of business license original which is able to indentify in case it is torn, burned or destroyed partly; or written confirmation about report on loss of business license of police agency, or written explaination on reason with commitment of enterprise in case it is torn, burned or destroyed entirely.

2. The competent state agencies shall grant new license for setting up retail establishment with content in proper with content of the issued license for setting up retail establishment.

Article 19. The grant of license for the setting up of retail establishment in addtion to the first establishment that has been set up in accordance with law but has not yet been granted license for the setting up of retail establishment as prescribed in the Decree No. 23/2007/ND-CP

1. A dossier comprises:

- Written request for license to set up retail establishment according to the form MD-4 promulgated together with this Circular;

- Report on situations of investment and operation of the retail establishment that requests for license for setting up retail establishment.

2. After having acceptance of the Ministry of Industry and Trade, the competent state agency shall grant the license for the setting up of retail establishments according to the form GP-2 promulgated together with this Circular.

Chapter 4

WITHDRAWAL OF BUSINESS LICENSE, LICENSE FOR SETTING UP RETAIL ESTABLISHMENTS

Article 20. Withdrawal of business license, license for setting up retail establishments

The competent state agencies shall withdraw business licenses, licenses for setting up retail establishments in the following cases:

1. Foreign-invested enterprises engaged in goods trading and directly related activities commit violations of law, which are subject to withdrawal of business licenses or licenses for setting up retail establishments.

2. Investment projects on goods trading and directly related activities terminate operation in accordance with law.

3. Competent state agencies withdraw certificates of investment in acccordance with investment law;

Chapter 5

THE REPORTING REGIME

Article 21. The reporting regime of enterprises

1. Foreign-invested enterprises engaged in goods trading and directly related activities shall implement the periodical and ad hoc reporting regimes in accordance with Vietnamese law; and implement reports as prescribed in clauses 2, 3 and 4 of this article.

2. Report on traders selling goods for export

Yearly, before January 30, foreign-invested enterprises already licensed for implementation of right to export must send report on traders selling goods for export to competent state agencies according to the form BC-1 together with this Circular.

3. Report on traders buying goods for import

Yearly, before January 30, foreign-invested enterprises already licensed for implementation of right to import but not have right to distribution must send report on traders buying goods for import to competent state agencies according to the form BC-2 together with this Circular.

4. Consolidated report

Yearly, before January 30, foreign-invested enterprises already licensed for implementation of goods trading and direct related activities must send consolidated report to competent state agencies according to the form BC-3 together with this Circular.

5. These above reports shall be one of basis for monitoring activities of enterprises.

Article 22. Report of local state management agencies

1. Biannually, before January 15 and July 15 of each year, the competent state agencies shall summarize, report to the Ministry of Industry and Trade about situation of grant, re-grant, amendment, supplementation and withdrawal of issued licenses for investment projects engaged in goods trading and direct related activities; concurrently state the recommendations, proposals according to the Form BC-4 together with this Circular.

2. Annually, before February 28, the competent state agencies shall summarize, report to the Ministry of Industry and Trade about the operational situation of foreign-invested enterprises engaged in goods trading and direct related activities; concurrently state the recommendations, proposals according to the Form BC-5 together with this Circular.

Chapter 4

ORGANIZATION FOR IMPLEMENTATION

Article 23. Responsibility for implementation

1. The provincial Departments of Planning and Investment, the management board of economic zones, industrial parks, processing and exporting zones, the Services of Industry and Trade of central-affiliated cities and provinces shall assist People’s Committees in implementation of the state management functions for goods trading and direct related activities of foreign-invested enterprises in Vietnam as prescribed in the Decree No. 23/2007/ND-CP and guidance in this Circular.

2. In the course of implementation, any arising problems should be reported to the Ministry of Industry and Trade for timely handling.

Article 24. Effectiveness of implementation

1. This Circular takes effect on June 07, 2013, this Circular applies to all cases that have not yet been licensed or have not yet been amended and supplemented, re-granted counted to the effective day of this Circular.

2. This Circular replaces the Circular No. 09/2007/TT-BTM, of July 17, 2007, of the Ministry of Trade (now as the Ministry of Industry and Trade) guiding implementation of the Government's Decree No. 23/2007/ND-CP, of February 12, 2007, detailing the Commercial Law regarding goods trading and directly related activities of foreign-invested enterprises in Vietnam and the Circular No. 05/2008/TT-BCT, of April 14, 2008 of the Ministry of Industry and Trade, amending and supplementing the Circular No. 09/2007/TT-BTM, of July 17, 2007, of the Ministry of Trade.

 

 

FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER




Ho Thi Kim Thoa

 

 

 

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