On 23 January 2006, the Government issued Decree No.12/2006/ND-CP detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries. Accordingly, the right to conduct import - export business and necessary procedures are as follows:
(i) The right to conduct import and export business
- For Vietnamese traders with no foreign direct investment capital (hereinafter referred to as trader for short)
Except for goods on the lists of banned from export or suspended from export and goods banned from import or suspended from import, traders may import and export goods regardless of their registered business line.
Trader’s branches may import and export goods as authorized by traders.
- For traders with foreign investment capital, foreign companies and branches of foreign companies in Vietnam
Traders, companies and branches, when carrying out commercial activities falling within the scope of regulation of this Decree, apart from observing the provisions of this Decree, shall also implement other relevant provisions of law and Vietnam’s commitments in treaties, which Vietnam has signed or acceded to.
On the basis of current laws and treaties, the Minister of the Trade shall publish the roadmap and scope of business activities carried out by trades defined in Claude 2 of this Article.
(ii) Import - export procedures:
Goods shall be imported or export under permit; traders wishing to conduct import or export must obtain permit of the Ministry of Trade or specialized management ministries.
Import and export must ensure relevant regulation on animal and plant quarantine, food safety and hygiene, and quality standards, and must be inspected by specialized state management agencies before customs clearance.
Other goods not on the lists of goods banned from export, suspended from import, banned from import, and goods other than those defined in Claude 1 and 2 of this Article, shall only have to operate through custom procedure at border-gate customs.
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