What documents are included in the application for a Certificate of registration of import and export rights of foreign traders not present in Vietnam?

What documents are included in the application for a Certificate of registration of export and import rights of foreign traders not present in Vietnam?

According to Clause 1, Article 5, Circular 28/2012/TT-BCT regulates dossiers for issuance of Certificates of registration of export and import rights as follows:

Dossier for issuance of Certificate of registration of export and import rights

1. Dossier to request issuance of Certificate of registration of export and import rights includes:

a) Application for issuance of Certificate of registration of export and import rights shall be made according to Form MD-1 Appendix I issued with this Circular;

b) Original certificate from the competent authority of the foreign country where the trader registered its establishment that the absent trader is not deprived of the right to conduct commercial activities or is subject to penalties related to commercial activities according to the provisions of foreign law where the foreign trader is established;

c) Original certificate from the foreign competent authority where the trader registered its establishment that the non-present trader has no criminal record, is not restricted or has lost civil act capacity for the non-present trader being an individual or the legal representative for the non-present trader being an economic organization;

d) Certified copy of Business Registration Certificate or equivalent document for traders that are economic organizations; Certified copy of ID card, passport or other legal personal identification for individual traders;

d) A certified copy of the audited financial statement or a document confirming the fulfillment of tax obligations or financial obligations in the most recent fiscal year issued by the competent authority of the place where the foreign trader is established or other documents issued by the competent authority or confirming the actual existence and operations of the foreign trader in the most recent fiscal year according to the provisions of that country’s law;

e) Original document confirming business capital, account number at the bank where the foreign trader is established;

g) Written agreement between the representative of the foreign trader in Vietnam and the non-present trader, clearly stating name, contact address, phone number;

h) Certified copy of the organization’s Business Registration Certificate economic representative for traders not present in Vietnam or a certified copy of ID card, passport or other legal personal certification for individual representatives.

Accordingly, the application dossier for a Certificate of registration of export and import rights of foreign traders not present in Vietnam includes the following components:

– Application for issuance of Certificate of registration of export and import rights made according to Form MD-1 Appendix I issued with Circular 28/2012/TT-BCT;

Application for issuance of Certificate of registration of export and import rights

– Original certificate from the competent authority of the foreign country where the trader registered its establishment that the absent trader is not deprived of the right to conduct commercial activities or is subject to penalties related to commercial activities according to the provisions of foreign law where the foreign trader is established;

– Original certificate from the foreign competent authority where the trader registered its establishment that the non-present trader has no criminal record, is not restricted or has lost civil act capacity for non-present traders that are individuals or the legal representative for non-present traders that are economic organizations;

– Certified copy of Business Registration Certificate or equivalent document for traders who are economic organizations; Certified copy of ID card, passport or other legal personal identification for individual traders;

– A certified copy of the audited financial statement or a document confirming the fulfillment of tax obligations or financial obligations in the most recent fiscal year issued by the competent authority of the place where the foreign trader is established or other documents issued by the competent authority or confirming the actual existence and operations of the foreign trader in the most recent fiscal year according to the provisions of that country’s law;

– Original document confirming business capital and account number at the bank where the foreign trader was established;

– Written agreement between the representative of the foreign trader in Vietnam and the non-present trader, clearly stating the name, contact address, and phone number;

– A certified copy of the Business Registration Certificate of the economic organization representing the trader not present in Vietnam or a certified copy of the ID card, passport or other legal personal certification for the individual representative.

What language are the documents in the application for the Certificate of Registration of Import and Export Rights presented in?

According to Clause 3, Article 5 Notice Circular 28/2012/TT-BCT regulates dossiers for issuance of Certificate of registration of export and import rights as follows:

Dossier for issuance of Certificate of registration of export and import rights

…

3. The documents specified in Points b, c, d, dd, e, Clause 2 of this Article must be translated into Vietnamese and consularly legalized according to the provisions of Vietnamese law. In case the document specified at Point g, Clause 2 of this Article is in a foreign language, it must be translated into Vietnamese with notarization or consular legalization.

Accordingly, the documents specified in Points b, c, d, dd, e, Clause 2, Article 5 of Circular 28/2012/TT-BCT must be translated into Vietnamese and consularly legalized in accordance with Vietnamese law.

In case the document specified in Point g Clause 2 Article 5 Circular 28/2012/TT-BCT is in a foreign language, it must be translated into Vietnamese with notarization or consular legalization.

How long is a certificate of registration of import and export rights of foreign traders not present in Vietnam valid?

According to Clause 3, Article 4, Circular 28/2012/TT-BCT regulates dossiers for issuance of Certificates of registration of export and import rights as follows:

Dossier for issuance of Certificate of registration of export and import rights

…

3. The term of the Certificate of registration of export and import rights is 05 (five) years.

Accordingly, the duration of the Certificate of registration of export and import rights is 05 years.