Official Letter 4248/BCT-KH dated May 30, 05 of the Ministry of Industry and Trade guiding the determination of wholesale/retail for foreign-invested enterprises

| Updated: 10/10/2022
Date issued:30/05/2018Effective date:30/05/2018
Document Type:DocumentaryStatus:According to the effect of Decree 09/2018/ND-CP
MINISTRY OF INDUSTRY AND TRADESOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No.: 4248/BCT-DISCES
Regarding solving problems in the implementation of Decree 09/2018/ND-CP
Hanoi, date 30 month 05 year 2018

Dear: Law Firm IPIC

(Room 401, Building 169 Nguyen Ngoc Vu, Cau Giay, Hanoi)

Responding to the proposal of IPIC Law Firm, which was posted on the Government's web portal at the request of the Government Office in Official Dispatch No. 4316/VPCP-DMDN dated May 10, 5 related to the content of this Decree. According to Decree 2018/09/ND-CP dated January 2018, 15 of the Government, the Ministry of Industry and Trade has the following comments:

1. According to the provisions of Clauses 6 and 7, Article 3 of Decree 09/2018/ND-CP, the concept of wholesale and retail is understood as follows:

Wholesaling means selling goods to other traders and organizations, excluding direct sales to buyers for personal and family consumption purposes.

Retailing is the activity of selling directly to the end consumer for personal and family use.

Accordingly, the regulations clearly distinguish the concept of the subject who buys goods as wholesale or retail.

2. The distribution of consumer goods (food, office equipment, stationery, workwear, etc.) to customers who are factories, businesses, organizations... to equip employees or to serve the activities of that organization is understood as exercising the right to wholesale distribution and is not required to issue a business license.

The Ministry of Industry and Trade shall notify the Company.

Recipients:
- As above;
– Government Office (for reporting);
– Deputy Minister Do Thang Hai (for reporting);
– Department of Information and Communications, Department of Legal Affairs;
– Save: VT, KH.

TL. MINISTER
DEPARTMENT OF PLANNING DEPARTMENT




Duong Duy Hung

 

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