Contents
I. What is an import and export license?
In accordance with the current law, the concept of an import and export license is not defined. According to the Commercial Law 2005, the Foreign Trade Management Law 2017 and related legal documents, it can be understood: An import and export license is a document issued by a competent state agency, allowing enterprises to import and export domestic or foreign goods in and out of customs border gates for commercial purposes lawfully and comply with the provisions of the law.
II. How does the law regulate the export and import of foreign investors?
According to the provisions of Clause 2, Article 3, Article 4, Decree 69/2018/ND-CP stipulating export and import procedures for foreign-invested economic organizations or foreign investors as follows:
“Foreign-invested economic organizations and branches of foreign traders in Vietnam, when conducting export and import activities governed by this Decree, must comply with Vietnam’s commitments in treaties to which the Socialist Republic of Vietnam is a contracting party, The list of goods and the roadmap shall be announced by the Ministry of Industry and Trade and at the same time implement the provisions of this Decree and other relevant laws.”
“1. Regarding goods exported or imported under licenses, traders exporting or importing must obtain permits from concerned ministries or ministerial-level agencies.
2. Regarding goods exported or imported under conditions, exporting, and importing traders must satisfy conditions prescribed by law.
For goods on the list of exported and imported goods subject to inspection according to the provisions of Article 65 of the Law on Foreign Trade Management, traders exporting and importing goods shall be subject to inspection by competent agencies in accordance with law.
- For goods other than those specified in Clauses 1, 2 and 3 of this Article, traders shall only have to settle export and import procedures at customs offices.”
Therefore, an export license is a document issued by a competent agency to an individual or organization that satisfies the conditions for exporting goods as prescribed by law depending on the list of goods that foreign investors or foreign-invested economic organizations want to do business.
Goods exported and imported under licenses, according to conditions, promulgating the List of goods exported and imported under licenses and conditions in Appendix III of Decree 69/2018/ND-CP
III. Some imported and exported goods require permits
List of goods exported and imported under licenses under the management of the Ministry of Industry and Trade
STT | Exported goods | Form of management |
1 | Industrial precursors. | Export license. |
2 | Explosive precursors, industrial explosive materials. | Export license. |
3 | Types of goods exported according to quotas set by foreign countries. (The Ministry of Industry and Trade announces in accordance with Vietnam’s international agreements or commitments with foreign countries). | Export license. |
4 | Goods subject to export control in accordance with the provisions of international treaties to which Vietnam is a contracting party, announced by the Ministry of Industry and Trade for each period. | Export license. |
5 | Goods subject to automatic export license issuance: The Ministry of Industry and Trade shall announce the list of goods subject to automatic export license issuance regime for each period and licensing organizations according to current regulations on licensing. | Automatic export license. |
| Imported goods | Form of management |
1 | Goods subject to import control in accordance with the provisions of treaties to which Vietnam is a contracting party shall be announced by the Ministry of Industry and Trade for each period. | Import license. |
2 | Goods subject to automatic import license issuance: The Ministry of Industry and Trade shall announce the list of goods subject to the automatic import license regime for each period and the licensing organization according to current regulations on licensing. | Automatic import license |
3 | Goods subject to tariff quota regime: a) Salt. b/ Raw tobacco. c) Poultry eggs. d) Refined sugar, raw sugar. | Import license |
4 | Industrial precursors. | Import license |
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