This April 4 Circular of the Trade Ministry guides procedures for export of products; import of machines, equipment, materials, supplies, spare parts, components and other goods in service of investment activities; goods processing; liquidation of imported goods; and consumption of products of enterprises with 100% foreign capital, joint-venture enterprises or foreign parties to business cooperation contracts (foreign-invested enterprises).
This April 4 Circular of the Trade Ministry guides procedures for export of products; import of machines, equipment, materials, supplies, spare parts, components and other goods in service of investment activities; goods processing; liquidation of imported goods; and consumption of products of enterprises with 100% foreign capital, joint-venture enterprises or foreign parties to business cooperation contracts (foreign-invested enterprises).
This Circular does not govern goods purchase and sale activities and related activities of foreign-invested enterprises provided for in the Commercial Law.
Foreign-invested enterprises may conduct direct or entrusted import or export of the above products or goods for investment in compatibility with the investment projects’ objectives stated in their investment licenses or certificates.
Procedures for goods imported or temporarily imported, exported or temporarily exported under the Trade Ministry’s permits, and those subject to specialized management shall be carried out in accordance with Government Decree No. 12/2006/ND-CP of
Foreign-invested enterprises may temporarily import for executing investment projects in Vietnam machines, equipment, means of transport or molds for performance of processing contracts or in service of production activities by leasing or borrowing them; goods for display at trade fairs, exhibitions or show-rooms or for research or use as samples for teaching or training; and products which have been exported for warranty, repair or replacement.
They may temporarily export for re-import for executing investment projects in Vietnam machines, equipment, means of transport, tools, molds or materials in service of their production and business activities abroad, for performance of processing contracts, or for warranty, repair or replacement; or goods for display at trade fairs or exhibitions.
If satisfying the conditions specified in this Circular, they may also conduct on-spot export of their goods produced in
Foreign-invested enterprises may liquidate imported goods by exporting, selling in the Vietnamese market, donating or destroying them.
Imported goods subject to liquidation include supplies or equipment redundant after completion of capital construction for formation of an enterprise; machines, equipment, means of transport, materials and other goods of an enterprise in operation; or assets of an enterprise after its dissolution or termination of operation.
This Circular annuls Circulars No. 23/1999/TT-BTM of July 26, 1999; No. 22/2000/TT-BTM of December 15, 2000; No. 26/2001/TT-BTM of December 4, 2001; and No. 01/2005/TT-BTM of January 6, 2005.
(Source: VietnamLaw)
