Forms of international purchase and sale of goods in accordance with Viet Nam’s law

In the current trend of global international economic integration, the purchase and sale of goods are not only conducted among domestic actors, but are promoted to expand the purchase and sale of goods from one country to another. Under what forms are international goods trading in Vietnam recognized? Let’s find out with Lawyer X through the following situation: “Dear Lawyer! My business is receiving many inquiries about purchases from overseas enterprises such as Thailand, Laos, and Cambodia. I would like to ask how can the purchases of goods to other countries be conducted? Looking forward to your advice! ”

Legal grounds

Commercial Law 2005

What is international purchase and sales of goods?

Purchase and sale of goods means a commercial activity whereby the seller is obliged to deliver goods, transfer ownership of goods to the purchaser and receive payment; the purchaser is obliged to pay to the seller and receive goods and the ownership thereof as agreed.

International purchase and sale of goods can be understood as trading outside a country, taking place between two or more different countries, under certain forms prescribed by law. Currently, Vietnam’s Commercial Law stipulates that international goods shall be conducted in form of export, import, temporary import for re-export, temporary export for re-import and transfer through border-gates. International purchase and sale of goods shall be conducted on the basis of written contracts or other forms of equal legal validity.

Forms of international purchase and sale of goods

Export and import of goods

Export of goods means the bringing of goods out of the territory of the Socialist Republic of Vietnam or into special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law.

 Import of goods means the bringing of goods into the territory of the Socialist Republic of Vietnam from foreign countries or special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law.

On the basis of socio-economic conditions in each period and treaties to which the Socialist Republic of Vietnam is a contracting party, the Government shall specify the lists of goods banned from import and/or export, goods to be imported or exported under permits of competent state management agencies, and the procedures for granting permits.

Regarding procedures for goods import and export:

– For goods exported or imported under permits, the exporter or importer must obtain a license from the relevant ministries or ministerial-level agencies.

– For goods imported or exported under conditions, the exporter or importer must satisfy the conditions prescribed by law.

– For goods on the List of exported and imported goods subject to inspection as prescribed in Article 65 of the Law on Foreign Trade Management, the trader who exports or imports of goods is subject to inspection by the competent authority in accordance to the law.

– For goods not falling into the above cases, traders only have to deal with import and export procedures at the customs office.

Temporary import for re-export and temporary export for re-import of goods

Temporary import of goods for re-export means the bringing of goods into Vietnam from foreign countries or special zones locating in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law, with the completion of the procedures for importing such goods into Vietnam, then procedures for exporting the same goods out of Vietnam.

Temporary export of goods for re-import means the bringing of goods overseas or into special zones in the Vietnamese territory which are regarded as exclusive customs zones according to the provisions of law, with the completion of procedures for exporting such goods out of Vietnam, then procedures for importing the same goods back into Vietnam.

– The Government shall specify activities of temporary import for re-export and temporary export for re-import of goods.

Transfer of goods through border-gates

Transfer of goods through border-gates means the purchase of goods from a country or territory for sale to another country or territory outside the Vietnamese territory without carrying out the procedures for importing such goods into Vietnam and the procedures for exporting such goods out of Vietnam.

Transfer of goods through border-gates shall be conducted in the following forms:

 – Goods are transported directly from the exporting country to the importing country without going through Vietnamese border-gates;

 – Goods are transported from the exporting country to the importing country through Vietnamese border-gates without carrying out the procedures for importing them into Vietnam and the procedures for exporting them out of Vietnam;

– Goods are transported from the exporting country to the importing country through Vietnamese border-gates and brought into bonded warehouses or areas for transshipment of goods at Vietnamese ports without carrying out the procedures for importing them into Vietnam and the procedures for exporting them out of Vietnam.

– The Government shall provide for in detail activities of transfer of goods through border-gates.

Labels for exported and imported goods

Goods labels mean writings, prints, drawings or photos of texts, pictures or images, which are stuck, printed, affixed, molded, carved or engraved directly on goods or their commercial packing or other materials which are attached to the goods or their packing.

Application of urgent measures to activities of international purchase and sale of goods

Where it is necessary to protect the national security or other national interests in compliance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party, the Prime Minister shall decide on the application of urgent measures to activities of international purchase and sale of goods.

Certificates of origin of goods and rules of origin of goods

– Export goods and import goods must have certificates of origin in the following cases:

+ Goods are eligible for tax or other preferences;

+ It is so provided for by Vietnamese laws or treaties to which the Socialist Republic of Vietnam is a contracting party.

– The Government shall provide in detail for the rules of origin for exports and imports

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