To: Customs Department of Binh Duong Province.

Below is the response of General Department of Customs to Official Dispatch No. 1954/HQBD-GSQL dated 5/9/2022 of Customs Department of Binh Duong Province regarding in-country export and import by foreign traders without commercial presence in Vietnam:

1. Regarding foreign traders without commercial presence in Vietnam:

- Foreign traders without commercial presence in Vietnam are defined in Clause 5 Article 3 of the Law on Foreign Trade Management No. 05/2017/QH14 dated 12/6/2017. Customs procedures applied to in-country exports and imports of foreign traders without commercial presence in Vietnam are prescribed in Article 35 of the Government’s Decree No. 08/2015/ND-CP dated 21/01/2015.

- Pursuant to Point c Clause 2 Article 18 of the Law on Customs, the declarant shall be legally responsible for the accuracy of the declaration and documents that have been submitted or presented. Therefore, the in-country exporter/importer (the declarant) shall be legally responsible for determination whether the foreign trader has commercial presence in Vietnam.

2. Regarding the right to export and import of organizations and individuals without commercial presence in Vietnam:

Customs Department of Binh Duong Province shall implement regulations of the Government’s Decree No. 90/2007/ND-CP dated 31/5/2007.

3. Regarding other contents of Official Dispatch No. 1954/HQBD-GSQL dated 5/9/2022 of Customs Department of Binh Duong Province about functions and duties of the Ministry of Industry and Trade, Customs Department of Binh Duong Province is advised to relevant units and contact The Ministry of Industry and Trade for specific instructions.

...

...

...

PP DIRECTOR
DEPUTY DIRECTOR




Mai Xuan Thanh