Official letter No. 130/XNK-CN dated January 31st, 2018 of the Ministry of Industry and Trade regarding FDI enterprises' export on the spot

Relating to the export right of FDI enterprises, the Ministry of Trade assumes that there are not legal normative documents regulating the case in which FDI enterprises excising the right to export goods (including goods imported or produced by other enterprises in Vietnam) to foreign traders with the term of delivery of goods in Vietnam – in other words, FDI enterprises have not yet allowed to export goods on the spot.

The newest regulations on the export right of FDI enterprises prescribed in Decree No. 09/2018/ND-CP only allow FDI enterprises to buy goods in Vietnam to export abroad, excluding the right to buy goods to export on the spot.

With regard to the activity of export on the spot, FDI enterprises are only allowed to export on the spot products, machinery serving processing or products produced themselves (Article 32 of Decree No. 187/2013/ND-CP , point c Clause 3 Section II of Circular No. 04/2007/TT-BTM).