What are non-tariff areas? Activities in non-tariff areas in Vietnam

What are non-tariff areas? Activities in non-tariff areas in Vietnam
Lê Trương Quốc Đạt

What are non-tariff areas? What are the activities in non-tariff areas in Vietnam? - Minh Vy (HCMC)

What are non-tariff areas? Activities in non-tariff areas in Vietnam
What are non-tariff areas? Activities in non-tariff areas in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. What are non-tariff areas? 

According to Clause 1, Article 2 of the Regulation promulgated together with Decision 100/2009/QD-TTg, non-tariff areas are geographical areas with identified boundaries which are separated from the outside territory by hard fences with entrance gates and doors so as to ensure the control of customs agencies and relevant functional agencies and have customs agencies to conduct supervision and examination of goods brought into and out of and vehicles moving into and out of the areas.

2. Activities in non-tariff areas in Vietnam

Activities in non-tariff areas in Vietnam according to Article 4 of the Regulation promulgated together with Decision 100/2009/QD-TTg are as follows:

- The following activities are carried out in non-tariff areas:

+ Trade in goods, trade in services and other activities specified in the Commercial Law;

+ Goods production, processing, re­processing and assembly.

- Activities specified in Clause 1 of Article 4 of the Regulation promulgated together with Decision 100/2009/QD-TTg must comply with relevant laws of Vietnam on goods and services banned from business, restricted from business or subject to conditional business.

3. Regulations on management of entry into and exit from non-tariff areas in Vietnam

Regulations on management of entry into and exit from non-tariff areas under Article 13 of the Regulation promulgated together with Decision 100/2009/QD-TTg are as follows:

- Employees, workers, partners and guests of non-tariff area enterprises are permitted to enter and leave non-tariff areas

- Domestic and foreign tourists and other individuals and organizations other than entities specified in Clause 1 of this Article may enter and leave non-tariff areas to participate in product exhibition, introduction and display and goods trading activities.

- The travel into and out of non-tariff areas must comply with regulations of the management boards of economic zones or border-gate economic zones and relevant functional agencies.

Management boards of economic zones and border-gate economic zones shall coordinate with functional agencies in promulgating regulations on the management of entry into, exit from and travel and other activities in non-tariff areas.

4. Goods and service trading and exchange relations between non-tariff areas and the inland in Vietnam

Goods and service trading and exchange relations between non-tariff areas and the inland according to Article 6 of the Regulation promulgated together with Decision 100/2009/QD-TTg is as follows:

- Relations of goods and service trading and exchange between non-tariff areas and the inland are considered import and export relations in accordance with Vietnam's laws on customs, tax. import and export.

- Non-tariff area enterprises may purchase stationery, food, foodstuff and consumer goods from inland Vietnam in service of their administration work and daily-life activities of their employees and workers. Non-tariff area enterprises may decide whether or not to carry out import, export and customs procedures for these goods.

5. Regulations on import and export in non-tariff areas in Vietnam

Regulations on import and export in non-tariff areas in Vietnam according to Article 9 of the Regulation promulgated together with Decision 100/2009/QD-TTg are as follows:

- Entities operating in non-tariff areas may import and export goods of all categories, except those on lists of goods banned from import or export or suspended from import or export as prescribed by Vietnam's law.

- The import and export of goods on lists of goods imported or exported under permits, goods subject to conditional import or export or goods restricted from business comply with Vietnam's law.

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