What are foreign trade activities? Prohibited actions in the foreign trade management in Vietnam

What are foreign trade activities? Prohibited actions in the foreign trade management in Vietnam (Internet image)

1. What are foreign trade activities?

According to Clause 1, Article 3 of the Law on Foreign Trade Management 2017, foreign trade activities mean activities related to the international exchange of products in the forms of export and import; temporary importation; temporary exportation; merchanting trade; transit and other activities related to the international exchange of products in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Prohibited actions in the foreign trade management in Vietnam

Prohibited actions in the foreign trade management in Vietnam include:

-  Abuse the positions and powers to violate the regulations of law on foreign trade management, obstruct legal export and import activities and violate the rights to export and import of traders prescribed in Article 5 of the Law on Foreign Trade Management 2017.

- Fail to implement measures for foreign trade management within its power or under prescribed procedures.

- Reveal the secret information of trader illegally.

- Export or import prohibited or suspended exports and imports, except for the cases specified in Clause 2 Article 10 and Clause 1 Article 14 of the Law on Foreign Trade Management 2017;

Fail to obtain the licenses or satisfy all conditions in cases of exports or imports requiring licenses or subject to certain conditions; fail to export or import products through the prescribed border checkpoints

Fail to go through customs procedures or commit frauds in terms of quantity, volume, types or origin of products when going through customs procedures and fail to stamp products that must have stamps according to regulations of law.

- Export and import products violating regulations in Clause 2 and Clause 3 Article 5 of the Law on Foreign Trade Management 2017.

- Cheat and counterfeit documents related to the foreign trade management.

(Article 7 of the Law on Foreign Trade Management 2017)

3. Responsibility for the state administration related to the foreign trade in Vietnam

- The Government shall unify the state administration related to the foreign trade.

- Ministry of Industry and Trade working as the focal point to assist the Government in the state administration related to the foreign trade shall have the following duties and powers:

+ Request the competent authority to approve and formulate the strategies, plans and programs for the management and development of the foreign trade, development of markets of the region and the world and economic integration in each period and decide certain administrative measures in accordance with regulations of this Law;

+ Promulgate or request the competent authority to promulgate legislative documents on foreign trade management.

+ Provide instruction on, popularize and organize the implementation, verification and assessment of legislative documents and measures for foreign trade management in accordance with regulation of law;

+ Provide the information related to foreign trade activities and the foreign trade management in accordance with regulations of law on access to information;

+ Manage the operation of foreign trade promotion organizations in Vietnam;

+ Provide direction on professional duties to the trade representatives affiliated to overseas missions of the Socialist Republic of Vietnam (hereinafter referred to as “trade representative”);

+ Assist the Government and the Prime Minister in negotiating, signing and regulating the implementation of international treaties related to the foreign trade; negotiate for opening the export markets, handling barriers to the export within its power and supervising the implementation of international treaties of partners;

+ Provide the Government with the advice on dealing with disputes related to the imposition of measures for foreign trade management;

+ Inspect and deal with complaints and denunciations and take actions against violations related to foreign trade management within its power;

+ Implement technical measures within its duties and power in accordance with regulations of law.

- Ministries and ministerial authorities, within their duties and power, shall have the following responsibility:

+ Ministries and ministerial authorities shall take charge and cooperate in negotiating international treaties and supervising the implementation of partners and removing barriers to the export within their power; manage the foreign trade and develop foreign trade activities in accordance with regulations of law, report and share the information related to foreign trade activities and foreign trade management;

+ The Ministry of Finance shall take charge and cooperate with relevant authorities in formulating and requesting the competent authority to promulgate legislative documents on tax and fees imposed on exports and imports, instruct and inspect the implementation thereof; cooperate with relevant Ministries, ministerial authorities, organizations and individuals in formulating policies related to the trade union management in accordance with regulations of this Law and other relevant regulations of law;

Direct the customs authority to inspect, supervise and count exports and imports in accordance with regulations on customs;

+ The Ministry of Agriculture and Rural Development shall take charge and cooperate with relevant Ministries, ministerial authorities and organizations and individuals in proposing, formulating and implementing sanitary or phytosanitary measures, measures for food safety and foreign trade development within it duties and power in accordance with regulations of law;

+ The Ministry of Health shall take charge and cooperate with relevant Ministries, ministerial authorities and organizations and individuals in proposing, formulating and implementing measures for health border quarantine, food safety and the development of foreign trade activities within it duties and power in accordance with regulations of law;

+ The Ministry of Science and Technology shall take charge and cooperate with relevant Ministries, ministerial authorities and organizations and individuals in proposing, formulating and implementing technical measures within it duties and power in accordance with regulations of law;

- The local government of each province, within its duties and power, shall:

+ Carry out the task of state administration related to the foreign trade in the province in accordance with regulations of this Law and the assignment of the Government, the Prime Minister, Ministries and ministerial authorities;

+ Take charge and cooperate with relevant organizations and individuals in proposing projects on the development of foreign trade activities in the province;

+ Direct its affiliated authorities to inspect and take action against violations of state administration related to the foreign trade in the province committed by authorities, organizations and individuals.

+ Maintain, update and provide information for information systems related to export and import management and trade promotion;

+ Carry out or direct its affiliated authorities to carry out the regime for regular report or surprise report to serve tasks of the state administration related to the foreign trade in the province.

(Article 6 of the Law on Foreign Trade Management 2017)

Diem My

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