Guide Enterprises to procedures to export clothes to Japan

The business license of the Company does not have the function of importing and exporting clothes, fabrics, so if the Company wants to export clothes to Japan, does the Company need to re-register a business license and the procedures to export clothes to Japan. How is Japan like?

Guide Enterprises to procedures to export clothes to Japan

The business license of the Company does not have the function of importing and exporting clothes, fabrics, so if the Company wants to export clothes to Japan, does the Company need to re-register a business license and the procedures to export clothes to Japan. How is Japan like?

Regarding the right to do import and export business, in Article 3 of the Government's Decree No. 187/2013 / ND-CP dated November 20, 2013, stipulating the right to import and export business as follows:

1. For Vietnamese traders with no foreign direct investment capital (hereinafter referred to as traders for short): Except for goods on the List of goods banned from export or suspended from export, and the List of prohibited goods. import and export suspension prescribed in this Decree and other legal documents, traders may export or import goods regardless of their registered business lines.

Traders 'branches may export and import goods according to traders' authorization.

2. For foreign-invested traders, foreign companies and branches of companies in Vietnam: Traders, companies and branches conducting commercial activities within the scope of regulation in the Decree This, in addition to the implementation of the provisions of this Decree, also comply with other provisions of relevant laws, Vietnam's commitments in the international treaties to which the Socialist Republic of Vietnam. membership and roadmap announced by the Ministry of Industry and Trade.

3. For goods subject to conditional export or import, upon import or export, in addition to the implementation of the provisions of this Decree, traders must comply with the law provisions on export and import conditions. import of those goods ”.

In addition, in Article 2 of Circular No. 08/2013 / TT-BCT dated April 22, 2013 of the Ministry of Industry and Trade stipulates: “Foreign-invested enterprises are only allowed to conduct goods purchase and sale activities. and activities directly related to the purchase and sale of goods in accordance with the provisions of the Investment Certificate, the Business License, the License for setting up the retail establishment of the enterprise and the provisions of relevant laws ”.

At the same time, Clause 3, Article 11 of this Circular stipulates: “Foreign-invested enterprises have been granted an investment certificate to carry out goods purchase and sale and activities directly related to the purchase and sale of goods. selling goods, adjusting the content of the sale and purchase of goods and activities directly related to the sale and purchase of goods, must go through the procedures for the adjustment of the Investment Certificate or the procedure for the adjustment of the Investment Certificate together with the issuance of the Business License (at the request of the enterprise) ”.

Thus, depending on whether Vietnamese traders have no foreign direct investment capital or have foreign investment capital, branches of foreign companies in Vietnam, the Company shall compare the above provisions to implement. .

Regarding customs procedures, according to Hanoi Customs, in Clause 1, Article 21 of the 2014 Customs Law, when doing customs procedures, customs declarants are responsible for:

a. Declaration and submission of customs declarations; submit or produce documents included in the customs dossiers as prescribed in Article 24 of this Law;

b. Take goods or means of transport to the prescribed place for physical inspection of goods or means of transport;

c. Pay taxes and fulfill other financial obligations in accordance with the laws on taxes, fees and charges and other relevant laws.

In principle, the Company bases on the provisions of the Law on Customs 2014, Decree No. 08/2014 / ND-CP detailing and implementing the Customs Law regarding customs procedures, inspection, customs supervision and control, Circular No. 38/2015 / TT-BTC dated March 25, 2015 of the Ministry of Finance on customs procedures; customs inspection and supervision; export tax, import tax and tax administration for export and import goods and other relevant legal documents for implementation.

In case any problem arises, the company is requested to directly contact the Sub-department of Customs where the declaration is registered (enclosed with relevant documents and documents) for specific instructions.

Legal Advisory Group - Customs