Recently,
the Management Board of IZs received many questions from enterprises in the IZs
regarding the content of goods' names (HS code) on the Investment Registration
Certificate. In order for businesses to better understand the regulations on
goods trading activities, the Management Board of Dong Nai Industrial Zones
informs businesses the following contents:
1.
According to the provisions of Clause 1, Article 5 and Clause 1, Article 6 of
Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government, foreign
investors and foreign-invested economic organizations may implement the right
to export, right to import, and right to wholesale distribution after
registering to perform these activities in relevant papers according to the
provisions of the Investment Law and the Enterprise Law.
Foreign-invested
economic organizations shall implement the right to export, import, and
wholesale distribution according to the provisions of Article 7 of Decree No.
09/2018. Accordingly, the goods on the list of goods exported, imported or
distributed under permits and conditions, foreign-invested economic
organizations may only implement the right to export, right to import, right to
distribute wholesale distributor after being granted a license or meeting all
business conditions as prescribed by law.
2.
Decree No. 09/2018/ND-CP does not have a mandatory declaration of the list of
goods registered to implement the right to export, right to import, or right to
distribute under HS codes. Determining the scope of the list of goods and
declaring the list of goods by HS code, by name or by chapter... is the right
of investors, economic organizations on the basis of self-balancing of needs
and business capacity and financial capacity, convenience when implementing
customs clearance procedures and tax declaration in accordance with relevant
laws on tax, finance and customs procedures. The investment management agency
registers the export right, the import right and the distribution right in the
Investment Registration Certificate at the request of the investor/economic
organization, in accordance with the provisions of Law on Investment,
Enterprise and Decree No. 09/2018/ND-CP.
3. The
declaration of HS code of goods in the Customs declaration dossier shall comply
with the law on customs procedures. In case of having problems with the
declaration of Customs declaration dossiers, the Company can contact the
Ministry of Finance (General Department of Customs) for guidance on
implementation in accordance with its competence.
Based
on the above content, the Company's registration to buy and sell goods under
the HS code or by the name, by the chapter ... is the right of the Company, on
the basis of self-balancing the needs and capabilities of the Company.
There
are no restrictions on the number of types of goods which enterprises are
allowed to conduct commercial activities under the investment law.
Thus, the Company can
supplement and adjust the objectives to implement the right to export, right to
import and right to distribute products that are not on the list of prohibited
items as prescribed by law without having to specify the name of the goods
chemical.
Diza’s Representative Office in Industrial Zones