What are the regulations on the appointment of border checkpoints for export or import and appointment of exporters and importers in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What are the regulations on the appointment of border checkpoints for export or import in Vietnam?

According to the provisions of Article 23 of the Law on Foreign Trade Management 2017, appointment of border checkpoints for export or import is a measure imposed by the competent authority to appoint certain border checkpoints through which traders’ products may be exported or imported.

The power to appoint border checkpoints for export and import is specified in Article 25 of the Law on Foreign Trade Management 2017 specifically:

- The Ministry of Industry and Trade shall take charge and cooperate with relevant regulatory authorities in deciding and publishing products and corresponding border checkpoints for export and import and procedures thereof.

- The decision on the appointment of border checkpoints for export and import shall be published on mass media at least 45 days before the day on which the decision comes into force.

The purposes of imposition of appointment of border checkpoints for export and import in Vietnam

According to Article 24 of the Law on Foreign Trade Management 2017, the purposes of imposition of appointment of border checkpoints for export and import is as follows:

- The appointment of border checkpoints for export and import aims to manage and inspect the quality of exports and imports, fight against the illegal transshipment and commercial frauds and protect the prestige of Vietnamese exports. The appointment of border checkpoints for export and import shall be conformable with infrastructures and facilities of each border checkpoint and ensure the national defense and security.

- The appointment of border checkpoints for export and import shall be transparent and equal and facilitate export and import activities.

Note: Traders may exercise their discretion to choose the border checkpoints for export or import from appointed border checkpoints.

Thus, according to the above regulations, appointment of border checkpoints for export or import is a measure imposed by the competent authority to appoint certain border checkpoints through which traders’ products may be exported or imported

2. What are the regulations on appointment of exporters and importers in Vietnam?

According to the provisions of Article 26 of the Law on Foreign Trade Management 2017, appointment of exporters and importers is a measure imposed by the competent authority to appoint certain traders that may export or import particular types of products.

The power to appoint exporters and importers is specified in Article 28 of the Law on Foreign Trade Management 2017 specifically:

- The Government shall make the list of products and conditions for the appointment of exporters and importers and assign Ministries and ministerial authorities to manage products according to the list (*)

- Ministers and the heads of ministerial authorities prescribed in (*) shall appoint exporters and importers within their powers and take the responsibility for the inspection of foreign trade activities carried out by appointed exporters and importers.

The purpose of imposition of the appointment of exporters and importers in Vietnam

According to Article 27 of the Law on Foreign Trade Management 2017, the appointment of importers and exporters will be imposed if one of the following conditions is satisfied:

- This measure is imposed according to international treaties to which the Socialist Republic of Vietnam is a signatory;

- Products obtain the state monopoly in commercial activities in accordance with the law on trade;

- Products are subject to urgent control measures for the foreign trade management prescribed in Chapter V of the Law on Foreign Trade Management 2017;

Note: The appointment of exporters and importers shall be transparent, ensure the rights and interests of the State and traders that are appointed to carry out foreign trade activities.

Thus, border gate designation and import-export trader designation can be understood as follows:

- Appointment of border checkpoints for export or import is a measure imposed by the competent authority to appoint certain border checkpoints through which traders’ products may be exported or imported. The purpose is to strengthen control of quality and origin of goods; preventing commercial fraud.

- Appointment of exporters and importers is a measure imposed by the competent authority to appoint certain traders that may export or import particular types of products. This will be applied when products obtain the state monopoly, products are subject to urgent control measures...

Both of the above measures are aimed at managing import and export activities, meeting the State's management requirements.

Best regards!

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