What are the regulations on prohibition and suspension of import and export in Vietnam? - Ngoc Tu (HCMC, Vietnam)
Article table of contents
Regulations on prohibition and suspension of import and export in Vietnam (Internet image)
Regulations on prohibition of import and export in Vietnam
1. Prohibition of Import and export in Vietnam
Article 8 of the Law on Foreign Trade Management 2017 stipulates the prohibition of Import and export as follows:
- Prohibition of export is a measure imposed by the competent authority to prohibit delivering products from domestic markets to customs-controlled areas or out of territory of Vietnam.
- Prohibition of import is a measure imposed by the competence authority to prohibit delivering products from customs-controlled areas to domestic markets or from other countries to Vietnam.
2. Imposition of the prohibition of export or import in Vietnam
Pursuant to Article 9 of the Law on Foreign Trade Management 2017 stipulates the imposition of the prohibition of export or import as follows:
- The prohibition of export will be imposed if one of the following conditions is satisfied:
+ Products to be exported related to national defense and security have not obtained the permission of the competent authority for export;
+ The prohibition aims to protect relics, antiques and national precious objects in accordance with the law on cultural heritage;
+ The prohibition of export is imposed according to international treaties to which the Socialist Republic of Vietnam is a signatory.
- The prohibition of import will be imposed if one of the following conditions is satisfied:
+ Products to be imported related to national defense and security have not obtained the permission of the competent authority for import;
+ Products damage the health and safety of customers;
+ Products affect the social order and safety, social morality and good customs and habits;
+ Products damage the environment and biodiversity, pose a high risk of obtaining pests, threaten the food security, production and export of Vietnam and infringe intellectual property rights;
+ The prohibition of import is imposed according to international treaties to which the Socialist Republic of Vietnam is a signatory.
3. The list of prohibited exports and imports in Vietnam
In Article 10 of the Law on Foreign Trade Management 2017, the list of prohibited exports and imports is as follows:
- The list of prohibited exports and imports is made by the Government.
- The Prime Minister shall allow the export and import of products prescribed in Clause 1 of Article 10 of the Law on Foreign Trade Management 2017 to for special purposes or for purposes of warranty, analysis, testing, scientific research, medical, pharmaceutical production and national defense and security.
- The export and import of products included in the list of prohibited exports and imports related to customs-controlled areas shall comply with regulations in Section 8 of Management of products of customs-controlled areas.
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Article 56 of the Law on Foreign Trade Management 2017 Management of exports of customs-controlled areas 1. The imposition of measures for foreign trade management of products that are exported from customs-controlled areas to other countries is the same as those of products that are exported from domestic market to other countries. 2. Measures for foreign trade management shall not be imposed on products that are delivered from the domestic market to customs-controlled areas. 3. Measures for management of exports of customs-controlled areas shall be imposed only once. 4. The products prescribed in Clause 2 of this Article shall be subject to the supervision of the customs authority in accordance with regulations of law on customs and other relevant regulations of law. Article 57 of the Law on Foreign Trade Management 2017 Management of imports of customs-controlled areas 1. The imposition of measures for foreign trade management of products that are delivered from customs-controlled areas to the domestic market is the same as those of products that are imported from other countries to the domestic market. 2. Measures for foreign trade management, except for the prohibition or suspension of import and quarantine measures, shall not be imposed on products that are delivered from foreign countries to customs-controlled areas. 3. The measure for management of imports of customs-controlled areas shall be imposed only once. 4. The products prescribed in Clause 2 of this Article shall be subject to the supervision of the customs authority in accordance with regulations of law on customs and other relevant regulations of law. Article 58 of the Law on Foreign Trade Management 2017 Management of purchase and sale of products between customs-controlled areas 1. Measures for foreign trade management shall not be imposed on products that are purchased, sold and transported between customs-controlled areas in the territory of Vietnam. 2. The transport of products between customs-controlled areas shall be subject to the supervision of the customs authority in accordance with regulations of law on customs and other relevant regulations of law. Article 59 of the Law on Foreign Trade Management 2017 Exception To prevent the commercial fraud and illegal transshipment, the Prime Minister shall allow whether one or several measures for the foreign trade management of products prescribed in Articles 56, 57 and 58 of this Law is imposed. |
Suspension of export or import in Vietnam
1. The suspension of export or import in Vietnam
In Article 11 of the Law on Foreign Trade Management 2017 stipulates the suspension of export or import as follows:
- Suspension of export is a measure imposed by the competence authority to prohibit delivering products from domestic market to customs-controlled areas or out of Vietnam territory for a certain period of time.
- Suspension of import is a measure imposed by the competence authority to prohibit delivering products from customs-controlled areas to domestic markets or from other countries to Vietnam for a certain period of time.
2. Imposition of the suspension of export or import in Vietnam
Article 12 of the Law on Foreign Trade Management 2017 stipulates the imposition of the suspension of export or import as follows:
- The suspension of export will be imposed if:
+ Products are subject to the urgent control measure for the foreign trade management prescribed in Chapter V of of the Law on Foreign Trade Management 2017; or
+ Products are mentioned in Article 9 of of the Law on Foreign Trade Management 2017 but have not been included in the list of prohibited exports and imports.
- The suspension of export or import shall be removed if the period of suspension has expired or the products are no longer mentioned in Clause 1 of Article 12 of the Law on Foreign Trade Management 2017.
3. The power to impose the suspension of export or import in Vietnam
Article 13 of the Law on Foreign Trade Management 2017 stipulates the power to impose the suspension of export or import as follows:
- The Minister of Industry and Trade shall decide the suspension of export or import according to opinions or requests of relevant Ministries and ministerial authorities and take the responsibility for their decisions unless there are other regulations in law on veterinary medicine, plant protection and phytosanitary measures.
- The Ministry of Industry and Trade shall notify relevant international business entities and countries according to the agreed procedures if the decision on suspension of export or import prescribed in Clause 1 of Article 13 of the Law on Foreign Trade Management 2017 is issued.
4. Exception to the suspension of export or import in Vietnam
Article 14 of the Law on Foreign Trade Management 2017 stipulates the following exceptions:
- The Minister of Industry and Trade shall give permission to export or import the products that have obtained the decision on suspension of export or import for special purposes or purposes warranty, analysis, testing, scientific research, medical, pharmaceutical production and national defense and security according to opinions or requests of relevant Ministries and ministerial authorities and take the responsibility for their decisions unless there are other regulations in law on veterinary medicine, the plant protection and phytosanitary measures.
- The export and import of products that have obtained the decisions on suspension of export or import related to customs-controlled areas shall comply with regulations in Section 8 of this Chapter.
