Decree No. 90/2007/ND-CP: Right of overseas foreign traders to import and export

04:06, 25/06/2007

Foreign traders that are not deprived of their right to conduct commercial activities or subject to sanctions or punishments under foreign laws or Vietnamese law; have no criminal records; and have civil act capacity (for individual traders) or their at-law representatives have civil act capacity (for foreign trading enterprises) that has not been restricted or lost, are allowed by Government Decree No. 90/2007/ND-CP of May 31 to register their right to import and export.

Foreign traders that are not deprived of their right to conduct commercial activities or subject to sanctions or punishments under foreign laws or Vietnamese law; have no criminal records; and have civil act capacity (for individual traders) or their at-law representatives have civil act capacity (for foreign trading enterprises) that has not been restricted or lost, are allowed by Government Decree No. 90/2007/ND-CP of May 31 to register their right to import and export.

 

This Decree, providing for the import and export rights of foreign traders without presence in Vietnam, applies to foreign traders not present in Vietnam and from countries and territories belonging to the World Trade Organization, or countries and territories entering into bilateral agreements with Vietnam, and other organizations and individuals involved in import and export without a presence in Vietnam.

 

Within 30 working days after receiving valid dossiers, the Trade Ministry or its authorized bodies shall grant registration certificates of import and export rights to foreign traders. In case of refusal to grant such a certificate, the Trade Ministry shall also give notice in writing within 30 days, clearly stating the reason for refusal. Applicants with invalid dossiers will be notified within 10 working days from the date of receipt of dossiers of the need to supplement or recompile dossiers.

 

Within five working days from the date of granting a registration certificate of import and export rights, a foreign trader is required to publish the contents of that certificate in the mass media or a national newspaper for three consecutive issues.

 

Registration certificates of import and export rights of foreign traders will be valid for five years. Sixty working days before the expiration of their certificates, foreign traders without presence in Vietnam may request extension of those certificates, provided set conditions are met

 

(Source: VietnamLaw)