From 01/01/2016 implementing new regulations on the management of border trade

 

Which regulations on commodity trading activities of traders across borders; purchase and sale, barter of border residents; trading activities, exchange of goods at border markets, border-gate markets and markets in border-gate economic zone; trade support services at border gate areas, border crossings.

Regarding the purchase and sale of goods through border traders, decision stating, Vietnam traders have no direct investment by foreigners (traders) made the purchase and sale of goods across borders.

Pursuant to terms of technical infrastructure in the region auxiliary border gates and border crossings, the provincial People's Committee chaired border, in coordination with the Ministry of Trade and Industry selected merchants meet the conditions prescribed by legislation to implement the purchase and sale of goods via auxiliary border gates and border crossings.

Traders with foreign capital, companies and branches of foreign companies in Vietnam only be made buying and selling goods across the border in Vietnam where the law or international treaties which the Socialist Republic Members of Vietnam is regulated.

The decision states that goods traded across borders by traders to meet the provisions of Decree No. 187/2013 / ND-CP dated 11/20/2013 of the Government detailing the implementation of the Commercial Law on the operation of international sale of goods and purchase agency activities, purchase, processing and transit of goods with foreign countries.

Goods traded cross-border traders to comply with the provisions of the legislation on medical quarantine; animal quarantine, plant, aquatic quarantine; check the quality of goods; check on food safety.

Traders purchasing goods across borders to fully implement its obligations under the provisions of tax law applicable to goods traded across borders, enjoy the privileges under the provisions of the current law and international treaties which Vietnam has signed or acceded to.

Goods exported in the form of purchases of goods across the border of the trader specified in this decision is the value added tax refund under the provisions of the current law. Fees and charges of the purchase and sale of goods through border traders comply with the provisions of the current law.

The decision also provides for border residents are nationals and citizens of Vietnam bordering with permanent residence in the border area; the licensee of the provincial public security organs for residents in border areas border the sale or exchange of goods exempted from import duties and other taxes (if any) with a value not exceeding 2,000,000 VND / person / day / time and not more than 4 times / month for goods on the list of goods traded and exchanged by border residents issued by the Ministry of Industry and Trade.

The value of the goods exceeds the prescribed limit on taxable under current law.

To the Ministry of Finance is responsible for leading and coordinating with ministries, branches and provincial People's Committees border policy guiding taxes, charges and fees; customs procedures for means of exit and entry, merchandise exports and imports in the border commercial activities; inspection procedures, monitoring for the collection and transportation of goods traded and exchanged by border residents.

This decision takes effect from the date of 01/01/2016. Substitute Decision No 254/2006 / QD-TTg dated 07/11/2006, Decision No 139/2009 / QD-TTg dated 23/12/2009 of the Prime Minister.

During the implementation process if the documents referred to in this Decision shall be amended, supplemented or replaced, apply new documents.

Where necessary adjust flexibly border trade activities consistent with economic conditions - economic conditions of each locality and each period, the Prime Minister shall consider and decide to adjust the purchase and sale of goods through border traders and residents of the border on the basis of the proposal of the Ministry of Industry and Trade.

Hoang Phuong