The Law on Foreign Trade Management of Vietnam aims to promote administrative procedure reform, maintain a favorable business environment; boost domestic production as well as develop export and import activities.
Article table of contents
Currently, foreign trade activities in Vietnam have made certain contributions to the economic development of the country, meeting the requirements for international economic integration. However, the foreign trade management policy still has the following shortcomings:
- The Commercial Law 2005 and related legal documents have not clearly reflected the integration requirements; the state management of foreign trade is not commensurate with the set requirements.
- The current legal system is overlapping when there are too many legal documents regulating state management of foreign trade activities, leading to a lack of uniformity on the same measure with different principles, criteria, authority, and handling measures regarding the same issue.
Prohibited Export and Import Goods Effective from January 01, 2018 in Vietnam (Illustrative photo)
The Draft Law on Foreign Trade Management has been built in accordance with the international treaties to which Vietnam is a party, promoting deeper integration into the global economy. At the same time, this is also an important legal basis stipulating the measures to support the development of foreign trade activities, demonstrating the viewpoint of supporting the business community as well as maximizing the advantages and incentives within the bilateral and multilateral trade frameworks that Vietnam is a member of. The Foreign Trade Management Law stipulates measures for managing foreign trade activities, measures to support foreign trade, and resolving disputes in foreign trade activities in Vietnam.
Administrative Measures
- Prohibit export, prohibit import, temporarily suspend export, temporarily suspend import;
- Restrict export, import;
- Manage according to license, condition;
- Certify goods origin;
- Certify free circulation;
- Other foreign trade management measures;
- Manage foreign trade activities with countries sharing a common border;
- Measures to manage goods for specific customs areas;
List of Prohibited Export Goods
|
No |
Description of goods |
Current Status |
|
1 |
Weapons, ammunition, explosives (except industrial explosives), military technical equipment. |
- Regulations in Decision 80/2006/QD-BQP announcing the list of goods banned from export and import according to the provisions of Decree 12/2006/ND-CP, but still a guiding document for Decree 12 /2006/ND-CP. - Specific HS code details are available |
|
2 |
a) Relics, antiques, and national treasures are owned by the State, political organizations, and socio-political organizations. b) Cultural products that are banned or have been decided to suspend dissemination and circulation in Vietnam
|
- Circular 28/2014/TT-BVHTTDL regulating the management of international goods purchase and sale activities under specialized cultural management. - The specific goods and HS codes have not been listed |
|
3 |
a) Types of publications banned from dissemination and circulation in Vietnam. b) Postage stamps are banned from trading, exchange, display and propaganda according to the provisions of the Postal Law.
|
There is no regulatory document yet |
|
4 |
Round wood, sawn wood of all kinds from domestic natural forests. |
- Circular 04/2015/TT-BNNPTNT guiding the implementation of Decree 187/2013/ND-CP guiding the Commercial Law on international goods purchase and sale activities and agency activities, purchasing, selling, processing and Transit of goods with foreign countries in the fields of agriculture, forestry and fisheries. - There is no HS code listing the item |
|
5 |
a) Rare wild animals and plants and rare livestock and plant breeds belonging to group IA-IB according to the provisions of Decree 32/2006/ND-CP on management of endangered forest plants and animals , precious, rare and rare wild animals and plants in the "red book" that Vietnam has committed to with international organizations. b) Rare aquatic species. c) Livestock breeds and plant varieties on the List of rare livestock breeds and rare plant breeds banned from export issued by the Ministry of Agriculture and Rural Development according to the provisions of the 2004 Ordinance on Livestock Breeds and France Plant Varieties Order 2004.
|
- Circular 04/2015/TT-BNNPTNT guiding the implementation of Decree 187/2013/ND-CP guiding the Commercial Law on international goods purchase and sale activities and agency activities, purchasing, selling, processing and Transit of goods with foreign countries in the fields of agriculture, forestry and fisheries - There is no HS code listing the item
|
|
6 |
Cryptographic products used to protect State secret information |
No text yet |
|
7 |
a) Schedule 1 toxic chemicals are specified in the Convention prohibiting the development, production, storage, use and destruction of chemical weapons and Appendix No. 1 issued with Decree 100/2005/ND-CP on the implementation of the Convention prohibiting the development, production, storage, use and destruction of chemical weapons. b) Chemicals on the List of banned chemicals specified in Appendix III issued with Decree 108/2008/ND-CP detailing and guiding the implementation of a number of articles of the Law on Chemicals.
|
Decree 38/2014/ND-CP on management of chemicals controlled by the Convention on the Prohibition of Development, Production, Storage, Use and Destruction of Chemical Weapons replaces Decree 100/2005/ND- CP . |
List of goods banned from import into Vietnam
|
No |
Description of goods |
Current Status |
|
1 |
Weapons, ammunition, explosives (except industrial explosives), military technical equipment. |
- Regulations in Decision 80/2006/QD-BQP announcing the list of goods banned from export and import according to the provisions of Decree 12/2006/ND-CP - Specific HS code details are available. |
|
2 |
Fireworks of all kinds (except marine safety flares according to instructions from the Ministry of Transport), sky lights, and other types of devices that interfere with vehicle speedometers |
There is no regulatory document yet |
|
3 |
Used consumer goods |
Detailed goods and HS codes in Circular 04/2014/TT-BCT guiding Decree 187/2013/ND-CP guiding the Commercial Law on international goods purchase and sale activities and purchasing agency activities, selling, processing and transiting goods to foreign countries
|
|
4 |
Goods are used information technology products |
- Circular 31/2015/TT-BTTTT guiding a number of articles of Decree 187/2013/ND-CP for export and import of used information technology products. - Detailed HS code and product description |
|
5 |
a) Types of publications banned from dissemination and circulation in Vietnam, b) Postage stamps are banned from trading, exchange, display and propaganda according to the provisions of the Postal Law. c) Radio equipment and radio wave application equipment do not comply with radio frequency plans and relevant technical regulations according to the provisions of the Radio Frequency Law. .
|
There is no document specifically guiding the list of goods and HS codes |
|
6 |
Cultural products that are banned from dissemination and circulation or have had decisions to suspend dissemination and circulation in Vietnam |
- Circular 28/2014/TT-BVHTTDL regulating the management of international goods purchase and sale activities under specialized cultural management. - There are no specific goods and HS codes, goods are banned from export when the goods have content: inciting against the state, propagandizing violence... cultural products have decisions to designate and ban circulation... |
|
7 |
a) Right-hand drive vehicles (including disassembled forms and forms that have had their handlebars converted before being imported into Vietnam), except for specialized right-hand drive vehicles operating within the narrow and not participating in traffic including: cranes; canal digging machine; street sweeping and watering vehicles; Garbage and household waste trucks; road construction vehicles; Passenger vehicles in the airport; forklifts in warehouses and ports; concrete pump truck; Vehicles only move in golf courses and parks. b) Types of cars and car assembly components that have had their frame and engine numbers erased, edited, or re-engraved. c) Types of motorbikes, specialized motorbikes, and motorbikes that have had their frame and engine numbers erased, edited, or re-engraved.
|
|
|
8 |
- Used supplies and means, including: a) Engines, frames, tubes, tires, spare parts, engines of cars, tractors and motorbikes. b) Chassis of cars and tractors with engines (including new chassis with used engines and or used chassis with new engines). c) Cars of all types have had their structures changed to convert functions compared to the original design or had their frame and engine numbers erased, edited, or re-engraved. d) Ambulance car. - Used supplies and vehicles |
- Regulations in Circular 13/2015/TT-BGTVT announcing the list of imported goods subject to specialized management of the Ministry of Transport according to the provisions of Decree 187/2013/ND-CP. - Listed detailed description of goods and HS code of goods
- Circular No. 04/2014/TT-BCT. Detailed goods and HS codes |
|
9 |
Chemicals in Annex III of the Rotterdam Convention. |
- Circular 04/2015/TT-BNNPTNT guiding the implementation of Decree 187/2013/ND-CP guiding the Commercial Law on international goods purchase and sale activities and agency activities, purchasing, selling, processing and Transit of goods with foreign countries in the fields of agriculture, forestry and fisheries. - There is no product description and HS code yet
|
|
10 |
Pesticides are banned from use in Vietnam |
- Circular 04/2015/TT-BNNPTNT guiding the implementation of Decree 187/2013/ND-CP guiding the Commercial Law on international goods purchase and sale activities and agency activities, purchasing, selling, processing and Transit of goods with foreign countries in the fields of agriculture, forestry and fisheries - There is no product description and HS code yet
|
|
11 |
Scraps, waste, refrigeration equipment using CFC |
There is no detailed document of goods and HS code yet |
|
12 |
Products and materials containing asbestos belong to the ammibole group. |
- Circular 03/2012/TT-BXD Circular 03/2012/TT-BXD announcing the list and HS code of asbestos materials belonging to the amfibole group banned from import issued by the Minister of Construction |
|
13 |
a) Schedule 1 toxic chemicals are specified in the Convention prohibiting the development, production, storage, use and destruction of chemical weapons and Appendix No. 1 issued with Decree No. 100/2005/ND- CP on the implementation of the Convention prohibiting the development, production, storage, use and destruction of chemical weapons. b) Chemicals on the List of banned chemicals specified in Appendix III issued with Decree 108/2008/ND-CP detailing and guiding the implementation of a number of articles of the Law on Chemicals.
|
Decree 38/2014/ND-CP on the management of chemicals controlled by the Convention on the Prohibition of the Development, Production, Storage, Use and Destruction of Chemical Weapons. |
