On-spot import and export: identification of foreign traders without presence in Vietnam  

Cover bulletin ENG

In case foreign traders already have a presence in Vietnam such as having a representative office, branch, investment in the establishment of an economic organization; investment in capital contribution, purchase of shares, purchase of contributed capital; implementation of investment projects; investment in the form of BCC contracts; new forms of investment and types of economic organizations as prescribed by the Government are not subject to on-spot import and export specified at Point c, Clause 1, Article 35 of Decree No. 08/2015/ND-CP. 

However, the current Vietnamese law only stipulates the concept of foreign traders not having a presence in Vietnam without providing detailed guidance on the composition of dossiers, documents, methods and procedures for identification and inspection, and also does not stipulate that the competent agency is responsible for guiding this content. This leads to difficulties for the Ministry of Finance (General Department of Customs) in guiding enterprises to carry out on-spot import and export procedures. 

To overcome this problem, the General Department of Customs proposes the Ministry of Industry and Trade and the Ministry of Planning and Investment to issue a guiding document on the composition of dossiers and documents and the method and order of identification and inspection of foreign traders with/without presence in Vietnam. Response deadline before 20/06/2024.

Link: Official Letter 2643