What types of goods do foreign-invested enterprises (FDI enterprises) have the right to import, export, and distribute in Vietnam?

What is a FDI enterprise? What are conditions for import and export of goods of FDI enterprises in Vietnam?

Pursuant to Clause 22 Article 3 of the Law on Investment in 2020 stipulating foreign-invested business organization as follows:

Definitions

For the purposes of this Law, the terms below are construed as follows:

22. “foreign-invested business organization” means an organization whose members or shareholders are foreign investors.

...

Therefore, FDI enterprises (Foreign Direct Investment) are enterprises with foreign direct investment, which are one of the economic organizations with foreign investment.

What types of goods do foreign-invested enterprises (FDI enterprises) have the right to import, export, and distribute in Vietnam? - Source: Internet

What types of goods do foreign-invested enterprises (FDI enterprises) have the right to import, export, and distribute in Vietnam?

Pursuant to Article 2 of the Circular 34/2013/TT-BCT stipulating exercise of the rights to import, export and distribute of the foreign-invested enterprises in Vietnam as follows:

Exercise of the rights to import, export and distribute of the foreign-invested enterprises in Vietnam

1. The foreign invested enterprises in Vietnam are entitled to exercise right to export for goods not in list of goods specified in Annex No. 01 of this Circular.

2. The foreign invested enterprises in Vietnam are entitled to exercise right to import for goods not in list of goods specified in Annex No. 02 of this Circular.

3. The foreign invested enterprises in Vietnam are entitled to exercise right to distribute for goods not in list of goods specified in Annex No. 03 of this Circular.

4. The exercise of the rights to import, export and distribute of the foreign-invested enterprises in Vietnam must comply with provisions in this Circular and other relevant current legislations.

As regulations above, foreign-invested enterprises (FDI enterprises) have the right to import, export, and distribute following types of goods in Vietnam

- The foreign invested enterprises in Vietnam are entitled to exercise right to export for goods not in list of goods specified in Annex No. 01 of the Circular 34/2013/TT-BCT.

- The foreign invested enterprises in Vietnam are entitled to exercise right to import for goods not in list of goods specified in Annex No. 02 of the Circular 34/2013/TT-BCT.

- The foreign invested enterprises in Vietnam are entitled to exercise right to distribute for goods not in list of goods specified in Annex No. 03 of the Circular 34/2013/TT-BCT.

What are conditions of goods for import and export of FDI enterprises in Vietnam?

Pursuant to Article 7 of the Decree 09/2018/NĐ-CP stipulating sale of goods and other related activities as follows:

1. If a foreign-invested business entity meets the following conditions, it is entitled to export goods purchased in Vietnam; goods processed in Vietnam and goods legitimately imported in Vietnam to a foreign country or a separate customs zone:

- The exports are not included in the lists of goods banned from export; the list of goods temporarily ceased from export; the list of goods not eligible for export as specified in international treaties to which Vietnam is a signatory;

- In case of exports under the lists of goods to be exported with required licenses or certain conditions, the foreign-invested business entity shall obtain such licenses or meet such conditions as prescribed.

2. A foreign-invested business entity obtaining importation right is entitled to import goods from a foreign country or separate customs zone into Vietnam, subject to the terms and conditions below:

- The imports are not included in the lists of goods banned from import; the list of goods temporarily ceased from import; the list of goods not eligible for import as specified in international treaties to which Vietnam is a signatory;

- In case of imports under the lists of goods to be imported with required licenses or certain conditions, the foreign-invested business entity shall obtain such licenses or meet such conditions as prescribed.

3. A foreign-invested business entity obtaining retail or whole distribution right is entitled to wholesaling and retailing of goods produced in Vietnam and goods imported legitimately to Vietnam.

Best regards!