What are requirements for certificates of eligibility for trading in duty-free goods in Vietnam?

What are requirements for certificates of eligibility for trading in duty-free goods in Vietnam?

Pursuant to Article 4 of the Decree 68/2016/NĐ-CP (amended by Article 1 of the Decree 67/2020/NĐ-CP) stipulating requirements for certificates of eligibility for trading in duty-free goods in Vietnam as follows:

1. Placement of duty-free shops

a) Within international area and restricted area;

b) Within inland areas;

c) On international flights by the carriers established and operating according to the law of Vietnam;

d) The duty-free warehouse must be located at the same location with the duty-free shop or in an international zone, restricted area, checkpoint area or customs area outside the checkpoint area as prescribed in Article 8 of Decree No. 01/2015/ND-CP dated January 02, 2015 and Clause 3 Article 1 of Decree No. 12/2018/ND-CP dated January 23, 2018.

2. The duty-free shop must have software that is capable of storing, managing and providing online data to customs authorities, including information relating to names, categories, quantity and status of goods, times of receiving, dispatching and storing goods at the duty-free shop and duty-free warehouse as provided in the customs declaration, and particulars of buyers for management under the automatic customs management and control system.

3. It must be equipped with a camera system which is connected online with its supervisory customs authority. All locations in the duty-free warehouse, duty-free shop and pick-up area in international zone must be monitored 24/7; camera images must be kept for at least 06 months.

As regulations above, to be eligible for grant of certificate of eligibility for trading in duty-free goods in Vietnam, your business must satisfy the following requirements: placement of the shop; software that can store, manage, provide online data; a camera system as prescribed above.

Where shall application for certificates of eligibility for trading in duty-free goods be submitted in Vietnam?

Pursuant to Article 6 of the Decree 68/2016/NĐ-CP stipulating procedures for issue of certificates of eligibility for trading in duty-free goods in Vietnam as follows:

1. Enterprises may submit applications for certificates of eligibility for trading in duty-free goods (herein ‘the certificate’) in person or via electronic data processing system of customs agencies to the General Department of Customs.

2. Within 10 working days since receipt of applications from enterprises, the General Department of Customs shall carry out inspection of the application, duty-free shops, warehouses.

3. Within five working days since completion of the inspection, the Director of the General Department of Customs shall issue the certificate or give notifications to the enterprise if the application fails to meet requirements as prescribed.

4. In case the application is not valid, within 05 working days from the day on which the application is received, the General Department of Customs shall notify in writing and request the enterprise to supplement the application. If the enterprise don't send written response after 30 working days from the date of sending the notice, the General Department of Customs has the right to cancel the application.

As regulations above, you can submit the application by post, in person or via electronic data processing system of customs agencies.

What documents are included in the application for certificates of eligibility for trading in duty-free goods in Vietnam?

Pursuant to Article 5 of the Decree 68/2016/NĐ-CP (amended by Article 1 of the Decree 67/2020/NĐ-CP) stipulating the application for certificates of eligibility for trading in duty-free goods in Vietnam as follows:

1. A written request according to the form 01 enclosed herewith;

2. Copy of business registration certificate or investment registration certificate;

3. Copy of diagrams of duty-free shops, warehouses;

4. Original copy of the written description of duty-free business management software;

5. Original copy of the enterprise’ internal management process for imports, exports, inventories in duty-free warehouses, receipt and delivery of goods from duty-free warehouses to duty-free shops or aboard airplanes, sale and payment from sale of duty-free goods.

6. Copy of papers proving the rights to enjoyment of locations of duty-free shops, warehouses;

7. Copy of the certificate of eligibility for fire prevention and combat shall be issued by police authorities (except for areas meeting requirements for fire prevention and combat)

8. Original copy of operation regulation;

Best regards!