Vietnam: License for temporary importation and license for merchanting trade

On May 15, 2018, the Government of Vietnam issued Decree No. 69/2018/NĐ-CP on guidelines for the Law on Foreign Trade Management of Vietnam.

Decree No. 69/2018/NĐ-CP of Vietnam’s Government stipulates the license for temporary importation business; license for temporary importation; license for merchanting trade. To be specific:

Application for issuance of the license for temporary importation business; license for temporary importation; license for merchanting trade

- Required application documents for temporary importation of goods prescribed in Point b Clause 1 Article 13 of Decree No. 69/2018/NĐ-CP:

+ An application for license to trade in temporary importation, stating the goods to be traded (description, HS headings, quantity, and value); import and export checkpoint: 1 original.

+ A business registration certificate or a business registration certificate: 1 copy bearing the trader's stamp.

+ An import contract and export contract concluded with the foreign trader: 1 copy bearing the trader's stamp each.

+ A report related to the license for temporary importation, indicating quantity of goods that was temporarily imported and exported: 1 original.

- Required application documents for temporary importation of goods prescribed in Point a Clause 1 Article 15 of Decree No. 69/2018/NĐ-CP:

+ An application for license for temporary importation, stating the goods to be temporarily imported (description, HS headings, quantity, and value); purposes for temporary importation, import and export checkpoint: 1 original.

+ An investment certificate or a business registration certificate: 1 copy bearing the trader's stamp.

+ An agreement on lease or borrowing concluded with the foreign trader: 1 copy bearing the trader's stamp.

- Required application documents for temporary exportation of goods prescribed in Point a Clause 1 and Point a Clause 3 Article 17 of Decree No. 69/2018/NĐ-CP:

+ An application for license for temporary exportation, stating the goods to be temporarily exported (description, HS headings, quantity, and value); purposes for temporary importation, import and export checkpoint: 1 original.

+ An investment certificate or a business registration certificate: 1 copy bearing the trader's stamp.

+ An agreement on repairs and warranty concluded with the foreign partner or agreement on lease or borrowing: 1 copy bearing the trader's stamp.

- Required application documents for merchanting trade of goods prescribed in Point a Clause 1 Article 18 of Decree No. 69/2018/NĐ-CP:

+ An application for license for merchanting trade, stating the goods to be traded (description, HS headings, quantity, and value); import and export checkpoint: 1 original.

+ A business registration certificate or a business registration certificate: 1 copy bearing the trader's stamp.

+ A purchase contract and a sales contract concluded with the foreign trader: 1 copy bearing the trader's stamp each.

+ A report related to the merchanting trade license, indicating the quantity of goods which were brought in and brought out of Vietnam: 1 original.

Procedures for application for license to trade in temporary importation; temporary importation license, temporary exportation license; merchanting trade license

- The trader shall submit a set of required documents as prescribed above, in person, by post or online (if applicable), to the Ministry of Industry and Trade.

- If the required documents are incomplete or invalid, the Ministry of Industry and Trade shall, within 3 working days from the date on which the application is received, notify the trader of deficiencies and allow the trader to correct the deficiencies.

- Within 5 working days from the date on which a complete and valid application is received, the Ministry of Industry and Trade shall issue the license to the trader. If the application is refused, the Ministry of Industry and Trade shall provide explanation in writing.

Note: A temporary importation license for goods not be freely sold and used in Vietnam prescribed in Point a Clause 1 Article 15 of Decree No. 69/2018/NĐ-CP shall be issued within 3 working days from the date on which the Ministry of Industry and Trade receives an approval from the competent Ministry or ministerial-level agency.

If the trader wishes to amend the license or have the license which is lost replaced, it shall send an application for amendment or replacement and required documents to the Ministry of Industry and Trade. Within 3 working days from the date on which a complete and valid application is received, the Ministry of Industry and Trade shall issue an amended license or a duplicate license.

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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