Resolving Challenges for Import and Export Activities at Designated Locations by Foreign Parties: Ministry of Finance Proposes Amendment to Decree No. 08/2015/NĐ-CP

The Ministry of Finance is in the process of finalizing a draft amendment to Decree No. 08/2015/NĐ-CP regarding detailed regulations and enforcement measures of the Customs Law, which includes proposals to amend regulations on import and export activities at designated locations to alleviate burdens for businesses.

Under the current provision at point c, clause 1, Article 35 of Decree No. 08/2015/NĐ-CP, goods traded with foreign traders designated for delivery in Vietnam are only considered "on-site import and export activities" if the foreign traders have no presence in Vietnam. If foreign traders have a presence in Vietnam, such as representative offices, branches, invested economic organizations, capital-contributing investments, share purchases, project implementation, BCC contract investments, or other new economic organization forms as regulated by the government, they do not meet the criteria for "on-site import and export activities."

The Ministry of Finance believes that the current regulation on on-site import and export activities contradicts provisions in the Commercial Law and the Foreign Trade Management Law, leading to difficulties in determining the nature of these activities. According to these laws, exported and imported goods must be brought into or taken out of Vietnamese territory or into or out of separate customs areas. In the case of trading goods with foreign traders but delivering them in Vietnam as per their designation, the goods essentially do not cross Vietnamese borders or enter separate customs areas, and thus, this does not qualify as import and export activities. Therefore, the Ministry of Finance proposes amending Decree No. 08/2015/NĐ-CP to broaden the scope of on-site import and export activities, including cases where foreign traders have a presence in Vietnam.

This proposed amendment is expected to alleviate burdens for businesses, facilitating import and export activities, and contributing to the promotion of international trade.

Currently, the Ministry of Finance is soliciting opinions from relevant ministries to finalize the draft decree for submission to the Government for consideration and issuance in the near future.

This proposed amendment has been highly appreciated by the business community. Many businesses consider it a practical solution to address current challenges and create favorable conditions for import and export activities.

The amendment to Decree No. 08/2015/NĐ-CP promises to contribute to the promotion of international trade, attracting foreign investment, and enhancing Vietnam's economic competitiveness.

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