Official letter No.
3987/TCHQ-GSQL dated July 31st, 2023 of the General Department of Vietnam Customs regarding issues relating to foreign trader without presence in Vietnam
Posted: 3/8/2023 8:18:09 AM | Latest updated: 6/8/2023 11:44:19 AM (GMT+7) | LuatVietnam:
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The General Department of Vietnam Customs notes that in case determining a foreign trader has presence in Vietnam according to the regulations at clause 2 Article 3 of Decree No. 90/2007/ND-CP and clause 5 Article 3 of the Law on Foreign trade management No. 05/2017/QH14, it is not allowed to carry out procedure for import, export on the spot according to point c clause 1 Article 35 of Decree No. 08/2015/ND-CP
.
Notes
The concept “without presence in Vietnam” is determined according to clause 5 Article 3 of the 2017 Law on Foreign trade management, clause 2 Article 3 of Decree No.
90/2007/ND-CP and clause 1 Article 3 of the Law on Foreign Trade management
36/2005/QH11 as follows:
“Foreign trader without presence in Vietnam” means a foreign trader who does not engage in investment and business activities in Vietnam according to the forms prescribed in law on investment, trade or enterprises and does not establish any representative office or branch in Vietnam in accordance with regulations of law on trade or enterprises.
Ms Phuong Thao (VietlawOnline.com)
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It is not allowable performing import, export on the spot if the foreign party has presence in Vietnam
