Keywords: international sale-purchase, goods, sale-purchase agency, foreign parties, Circular 04

The Ministry of Industry and Commerce issued Circular No. 04/2014/TT-BTM (Circular 04) on 27 January 2014 providing details of the provisions of government-issued Decree No. 187/2014/ND-CP (Decree 187), dated 20 November 2013. Decree 187 provides for implementation of the provisions of the Commercial Law on international sale-purchase of goods, sale-purchase agency, processing, and goods in transit with foreign parties.

Under Circular 04, the import, export and processing of goods by foreign-invested enterprises in Vietnam are subject to government-issued Decree 108/2006/ND-CP, dated 22 September 2006, and Decree No. 23/2007/ND-CP, dated 12 February 2007, as well as other related regulations.

Important details of Circular 04 to note are:

  • Procedures for the import and export of goods included on the list of those banned from import/export (as attached to Decree 187) for scientific or humanitarian purposes;
  • Procedures for the import of goods which would affect national security and defence;
  • Procedures for the import of goods to serve national security and defence purposes (which are subject to the specific regulations of the Ministry of Defence and Ministry of Public Security); and
  • Import of special goods such as cars, tobacco, etc.

Attached to Circular 04 are the lists of (i) second-hand goods that are banned from import (including consumer goods, transportation means and medical equipment), and (ii) goods which affect national security and defence.

Circular 04 took effect from 20 February 2014 and replaces Circular No. 04/2006/TT-BTM on the same subject.

Visit us at www.mayerbrown.com

Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2014. The Mayer Brown Practices. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.