Vietnam: Is it possible to erase and adjust the contents of licenses for industrial precursor chemical export/import?

Main Content

• In what cases will licenses for industrial precursor chemical export and import in Vietnam be issued?
• What are the procedures for issuing licenses for industrial precursor chemical export and import in Vietnam?
• What are the penalties for erasing and adjusting licenses for industrial precursor chemical export/import in Vietnam?

In what cases will licenses for industrial precursor chemical export and import in Vietnam be issued?

According to Clause 1, Article 12 of Decree 113/2017/ND-CP stipulating cases in which licenses for industrial precursor chemical export and import in Vietnam shall be issued as follows:

Applications and procedures for issuance of licenses for industrial precursor chemical export/import

1. Exporters/importers of industrial precursor chemicals shall be licensed by a licensing authority. A license for industrial precursor chemicals export/import is required to obtain customs clearance when exporting or importing industrial precursor chemicals.

Thus, licenses for industrial precursor chemical export and import in Vietnam shall be issued when organizations and individuals export or import industrial precursor chemicals.

What are the procedures for issuing licenses for industrial precursor chemical export and import in Vietnam?

The application and the procedures for issuing licenses for industrial precursor chemical export/import in Vietnam shall follow clauses 2 and 3, Article 12 of Decree 113/2017/ND-CP as follows:

* Application for the license for industrial precursor chemical export and import

- A completed application form provided in the specimen mentioned in Clause 9 this Article;

- A copy of the first establishment registration certificate of the exporter/importer;

- A copy of the agreement or any of the following documents: the sale agreement, purchase order, memorandum or invoice specifying the name and quantity of industrial precursor chemicals;

- A report on export, import, sale, purchase and use of industrial precursor chemicals of the latest license for Group 1 industrial precursor chemicals.

* Licensing procedures

- An applicant for the license for industrial precursor chemical export/import shall make 1 set of application and send it, by post, in person or through the online public service system, to the licensing authority mentioned in Clause 8 this Article;

- If the application is invalid, the licensing authority shall inform the applicant of additional documents within 3 days from the day on which the application is received. The time for supplementing documents shall not be included in the licensing time limit specified in Point c this Clause;

- Within 7 working days from the day on which the valid application is received, the licensing authority shall inspect the application and issue the license for industrial precursor chemical export/import. The specimen of the license for industrial precursor chemical export/import is provided in Appendix VI attached hereto. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

Accordingly, licenses for industrial precursor chemical export/import in Vietnam are not required in the cases specified in Clause 1, Article 13 of Decree 13/2017/ND-CP as follows:

- The goods containing Group 1 industrial precursor chemicals with content less than 1% of volume;

- The goods containing Group 2 industrial precursor chemicals with content less than 5% of volume.

Thus, when exporting and importing industrial precursor chemicals, organizations and individuals are responsible for completing applications and procedures for issuing licenses for industrial precursor chemical export/import in Vietnam, except for cases eligible for license exemption.

What are the penalties for erasing and adjusting licenses for industrial precursor chemical export/import in Vietnam?

According to Clause 2, Article 13 of Decree 113/2017/ND-CP, cases of revocation of the License to export and import industrial precursors are as follows:

- falsifies contents of the license;

- uses fake documents or provide incorrect information in the application for the license;

- ceases operation.

Thus, organizations and individuals shall be revoked licenses for industrial precursor chemical export/import in Vietnam when erasing and adjusting it.

According to point a and point c, clause 10, Article 1 of Decree 17/2022/ND-CP stipulating the penalties and remedial measures for violations against regulations on activities specified in the license to export or import industrial precursors as follows:

* Fine level:

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on modifying, fabricating, or otherwise altering contents of Industrial precursor import, export permit.

* Remedial measures:

- Mandated submission of Industrial precursor import, export permit which has been modified, fabricated, or otherwise altered to agencies that issue the permit.

Accordingly, this fine is applied to administrative violations committed by individuals. For organizations, the fine shall be doubled under Clause 2, Article 4 of Decree 71/2019/ND-CP.

Thus, when exporting and importing industrial precursor chemicals, organizations and individuals are responsible for completing applications and procedures for issuing licenses for industrial precursor chemical export/import in Vietnam, except for cases eligible for license exemption. After being issued licenses for industrial precursor chemical export/import in Vietnam, organizations and individuals are responsible for ensuring the correct contents of the issued licenses. Organizations and individuals shall be revoked licenses for industrial precursor chemical export/import in Vietnam when erasing and adjusting it.