Most Read Contributor in Hong Kong, September 2016
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);
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.
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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
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discussed herein. Please also read the JSM legal publications
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