To: Customs Department of Da Nang City

Below is the response of Customs Management and Supervision Department to Official Dispatch No. 561/HQDNg-GSQL dated 07/4/2023 of Customs Department of Da Nang City enquiring about customs procedures applicable to foreign traders without presence in Vietnam:

Clause 5 Article 3 of the Law on Foreign Trade Management: "Foreign trader without presence in Vietnam means a foreign trader who does not have investment and business activities in Vietnam according to the forms prescribed in law on investment, commerce or enterprises and does not have any representative office or branch in Vietnam in accordance with regulations of law on commerce or enterprises."

Clause 2 of the Government’s Decree No. 90/2007/ND-CP dated 31/05/2007 : "Foreign trader without presence in Vietnam means a foreign trader who does not have direct investment activities in Vietnam according to the forms prescribed in the Law on Investment, the Law on Commerce; does not have any representative office or branch in Vietnam according to the Law on Commerce."

Clause 1 Article 3 of the Law on Commerce: "Commercial activities mean activities for the purpose of generating profits, including: sale and purchase of goods, provision of services, investment, commercial promotion and other activities for the profit purpose."

Pursuant to Point c Clause 1 Article 35 of the Government’s Decree No. 08/2015/ND-CP dated 21/01/2015, it is not considered in-country export and import if the foreign trader already has presence in Vietnam.

For your information and compliance./.

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PP DIRECTOR
DEPUTY DIRECTOR




Nguyen Bac Hai