Newest regulations on export and import activities in Vietnam

According to Decree No. 69/2018/NĐ-CP of Vietnam’s Government, export and import activities are as follows:

Procedures for export and import

- For goods requiring export or import license, the exporter or importer shall obtain such a license issued by the involved Ministry or ministerial-level agency.

- For goods only be exported or imported under given conditions, the exporter or importer must meet certain conditions as per the law.

- For exports and imports subject to inspection prescribed in Article 65 of the Law on Foreign Trade Management of Vietnam, the exporter or importer shall have its goods inspected by the competent authorities as per the law.

- For goods not prescribed above, the trader is only required to follow export or import procedures at the customs authority.

Prohibited exports and imports

- Prohibited exports and imports are regulated in legislative documents in force and the list of prohibited exports and imports.

- Pursuant to Appendix I thereto, Ministries and ministerial-level agencies shall publish details of prohibited exports and imports and HS headings with mutual consent of the Ministry of Industry and Trade in terms of the list of goods and with mutual consent of the Ministry of Finance in terms of HS headings.

- The Prime Minister shall consider allowing export of goods prohibited from export; allowing import of goods prohibited from import to serve the special purposes, warranty, analysis, testing, scientific research, medicine, pharmaceutical production and national defense and security.

The designation of exporters and importers

- A list of goods exported or imported under the form of designation of exporter and importer is issued together with Appendix II hereof.

- The designation of exporters or importers shall be regulated by competent authorities.

Goods requiring export or import licenses, goods only be exported or imported under given conditions

- A list of goods requiring export or import licenses, goods only be exported or imported under given conditions is issued together with Appendix III of Decree No. 69/2018/NĐ-CP of Vietnam’s Government.

- Pursuant to Appendix III of Decree No. 69/2018/NĐ-CP, Ministries and ministerial-level agencies shall publish details of goods and HS headings with mutual consent of the Ministry of Industry and Trade in terms of the list of goods and with mutual consent of the Ministry of Finance in terms of HS headings.

- Pursuant to Appendix III of Decree No. 69/2018/NĐ-CP, Ministries and ministerial-level agencies shall promulgate or request the competent authorities to promulgate guidelines for export or import licensing as per the law and grant license as prescribed.

- According to administrative objectives in each period, the Minister of Industry and Trade shall determine the application of automatic import licenses or automatic import licenses as to certain goods.

Certain goods exported or imported under particular regulations

- Re-export of mainly-imported materials that the state guaranteed the foreign currency balance for import:

+ If materials that are imported under state’s guarantee of foreign currency balance, they may only be re-exported if the payment is made in freely convertible foreign currency or a license issued by the Ministry of Industry and Trade is available. 

+ The Ministry of Industry and Trade shall publish the list of goods requiring license upon re-export for each period and apply it.

- The Ministry of Industry and Trade shall provide guidelines for import of wood of all kinds from Vietnam’s neighbor countries in accordance with Vietnam's and their laws and regulations and related agreements or direction documents of the Prime Minister.

- The export or import of goods serving national defense and security purposes shall be regulated by the Prime Minister. Pursuant to decisions made by the Prime Minister, Ministers of the Ministry of National Defense and the Ministry of Public Security shall govern the export or import licensing.

- Goods to be imported, under the list prescribed in Appendix IV thereto, which likely exert a direct effect on national defense and security but not for the national defense and security purposes, shall require a given license issued by the Ministry of Industry and Trade with reference to the Ministry of National Defense and the Ministry of Public Security.

- The import of used machinery, equipment, and technology lines shall be regulated by the Prime Minister.

View more details at Decree No. 69/2018/NĐ-CP of Vietnam’s Government, effective from May 15, 2018.

-Thao Uyen-

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