Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on commerce and the Law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested business entities in Vietnam
This Decree specifies requirements for foreign direct investment (FDI) enterprises to be eligible for exercising exportation right; exercising importation right; exercising distribution right and services directly related to goods sale and purchase. read more
One of the new noticeable regulations of this Decree is the removal of the requirement relating to the application for a license for the exportation right, importation right with regard to FDI enterprises.
FDI enterprises shall apply for a license only when they perform the activities specified in Article 5 of this Decree, including: the retail distribution right, wholesale distribution right, logistics services, commercial promotion services, commercial intermediary service, electronic commerce services, etc.
In addition, the scope of exercising the exportation/importation right of FDI enterprises is also expanded by allowing them to export goods processed in Vietnam.
Furthermore, this Decree also provides for some requirements for allowing FDI enterprises to trade goods items for which Vietnam has not committed in the World Trade Organization such as lubricants; rice; sugar; recorded items; books, newspapers and magazines.
Regarding procedures for licensing, the competence to issue the license now is transferred to the Departments of Industry and Trade instead of the People’s Committees under the earlier regulations.
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