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blue-check FDI enterprises may import aircrafts as assets for their projects

Official letter No. 4140/BCT-XNK dated July 19th, 2022 of the Ministry of Industry and Trade regarding import of aircrafts and sale of duty-free goods
Posted: 20/7/2022 9:22:04 AM | Latest updated: 28/7/2022 3:41:25 PM (GMT+7) | LuatVietnam: 5505 | Vietlaw: 571
VietlawOnline

According to the regulations at Annex 02 of Circular No. 34/2013/TT-BCT, foreign – invested enterprises (FDI enterprises) are not allowed to exercise the importation right to import aircrafts.

However, the Ministry of Industry and Trade assumes that the case of import of aircrafts to serve air carriage business of aviation companies (including FDI enterprises) is considered to be importation to execute business investment projects (under the granted license) rather than the business activity under the importation right, it is not restricted the right to import aircrafts according to the aforesaid regulations.

Regarding conditions for sale of duty-free goods of FDI enterprises, under current regulations, apart from having to meet the conditions for duty-free business under Decree No. 68/2016/ND-CPstatus2 and Decree No. 100/2020/ND-CP, these FDI enterprises also have to apply for a license to exercise the right to import, distribute under Decree No. 09/2018/NĐ-CP, Circular No. 34/2013/TT-BCT and comply with the List of goods restricted from sale at the duty-free shops.

However, in reality, goods items traded at duty-free shops are very diversified, managed under the temporary import regime and mainly sold to persons exiting, they do not belong to scope of excising the right to import, distribute of FDI enterprises.

Therefore, to avoid arising problems for FDI enterprises, the Ministry of Industry and Trade intends, upon amending Decree No. 09/2018/ND-CP and Circular No. 34/2013/TT-BCT, to remove the application with regard to duty-free business.

All of the above are Ministry of Industry and Trade’s opinions; it is also waiting opinions from the Ministry of Planning and Investment.

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 571

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