Application and procedures for export or import licensing in Vietnam 2023

Freedoms to export and import in Vietnam

Pursuant to the provisions of Article 3 of Decree 69/2018/ND-CP,  a Vietnamese trader which is not a foreign-invested business entity may export, import and carry out other relevant activities without any dependence on its registered business lines except for the goods under the lists of prohibited exports and/or imports as prescribed in this Decree; other prohibited exports and/or imports as per the law; and goods temporarily ceased from export or import. A branch of a Vietnamese trader shall carry on/conduct foreign trade according to the authorization of the trader.

Foreign-invested business entities, branches of foreign traders in Vietnam, when exporting or importing regulated by this Decree, shall carry out undertakings of Vietnam in treaties to which the Socialist Republic of Vietnam is a signatory, tariff nomenclature and road map laid down by the Ministry of Industry and Trade and comply with this Decree and relevant law provisions.

Export and import of foreign traders without presence in Vietnam and other relevant organizations and individuals of countries and territories (hereinafter referred to as “countries”) that are members of World Trade Organization (WTO) and countries signing bilateral agreements with Vietnam shall be regulated by the Government.

 Application and procedures for export or import licensing in Vietnam 2023 (Internet image)

Application for export or import licensing in Vietnam 

Pursuant to the provisions of Clause 1, Article 9 of Decree 69/2018/ND-CP, an application for export or import licensing include:

- An application form for licensing: 1 original.

- Investment certificate or business registration certificate, business registration certificate: 1 copy bearing the trader's stamp.

- Relevant documentation as per the law.

Procedures for export or import licensing in Vietnam

Pursuant to the provisions in Clause 2, Article 9 of Decree 69/2018/ND-CP, the procedures for export or import licensing are as follows:

- The trader shall submit a set of required documents above, in person, by post or online (if applicable), to the licensing ministry or ministerial-level agency.

- If the required documents are incomplete or invalid or representations thereto are additionally required, the Ministry or ministerial-level agency 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.

- Unless the time limit for licensing is otherwise prescribed by law, within 10 working days from the date on which complete and valid required documents are received, Ministry or ministerial-level agency shall send a written response to the trader.

- If it is required by law that the licensing ministry or ministerial-level agency must send advisory opinion requests to relevant agencies, the time limit for processing documents commences from the date on which the advisory opinion responses from relevant agencies are received.

- Approval for application for amendments to license, replacement license due to loss:

+ Only documents relevant to changes need approval.

+ The validity period of the amended license or replacement license may not last longer than that of the former license.

+ If the application for amendment or replacement is refused, the competent authority must provide explanation in writing.

Mai Thanh Loi

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