According to the Ministry of Industry and Trade, the definition of “foreign traders without presence in Vietnam” specified in Article 3 of the Law on Foreign Trade Management and Article 3 of Decree No. 90/2007/ND-CP is only related to regulations. determination of export rights and import rights, that is, only applicable to cases where it is necessary to determine the export or import rights of foreign traders; Does not apply for other purposes, including the case of determining on-site import and export goods specified in Clause 1, Article 35 of Decree No. 08/2015/ND-CP.
Decree No. 08/2015/ND-CP is the Decree guiding the Customs Law. Therefore, for problems arising related to the identification of foreign organizations and individuals not present in Vietnam according to the provisions of Decree No. 08/2015/ND-CP mentioned above, the Ministry of Industry and Trade has requested Request the General Department of Customs (the agency in charge of drafting Decree 08/2015/ND-CP) based on functions, tasks and management requirements, to research and clarify the connotation of the concept of “organizations and individuals”. Foreign countries do not have a presence in Vietnam” according to customs law to guide businesses on implementation. The Ministry of Industry and Trade has no comments on this problem. Source: LuatVietnam.NET
