Chapter II
MANAGEMENT OF EXPORT AND IMPORT
Article 3. Freedoms to export and import
1. 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.
2. 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.
3. 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.
Article 4. Procedures for export and import
1. For goods requiring export or import license, the exporter or importer shall obtain such a license issued by the involved Ministry or ministerial-level agency.
2. For goods only be exported or imported under given conditions, the exporter or importer must meet certain conditions as per the law.
3. For exports and imports subject to inspection prescribed in Article 65 of the Law on Foreign Trade Management, the exporter or importer shall have its goods inspected by the competent authorities as per the law.
4. For goods not prescribed in Clauses 1, 2, 3 hereof, the trader is only required to follow export or import procedures at the customs authority.
Article 5. Prohibited exports and imports
1. Prohibited exports and imports are regulated in legislative documents in force and the list of prohibited exports and imports in Appendix I thereto.
2. Pursuant to Appendix I thereto, Ministries and ministerial-level agencies shall publish details of prohibited exports and imports and HS headings with mutual consent of the Ministry of Industry and Trade in terms of the list of goods and with mutual consent of the Ministry of Finance in terms of HS headings.
3. The Prime Minister shall consider allowing export of goods prohibited from export; allowing import of goods prohibited from import to serve the special purposes, warranty, analysis, testing, scientific research, medicine, pharmaceutical production and national defense and security.
Article 6. The designation of exporters and importers
1. A list of goods exported or imported under form of designation of exporter and importer is issued together with Appendix II hereof.
2. The designation of exporters or importers shall be regulated by competent authorities prescribed in Appendix II hereof.
Article 7. Goods requiring export or import licenses, goods only be exported or imported under given conditions
1. A list of goods requiring export or import licenses, goods only be exported or imported under given conditions is issued together with Appendix III hereof.
2. Pursuant to Appendix III thereto, Ministries and ministerial-level agencies shall publish details of goods and HS headings with mutual consent of the Ministry of Industry and Trade in terms of the list of goods and with mutual consent of the Ministry of Finance in terms of HS headings.
3. Pursuant to Appendix III thereto, Ministries and ministerial-level agencies shall promulgate or request the competent authorities to promulgate guidelines for export or import licensing as per the law and grant license as prescribed.
4. According to administrative objectives in each period, the Minister of Industry and Trade shall determine the application of automatic import licenses or automatic import licenses as to certain goods.
Article 8. Certain goods exported or imported under particular regulations
1. Re-export of mainly-imported materials that the state guaranteed the foreign currency balance for import: If materials that are imported under state’s guarantee of foreign currency balance, they may only be re-exported if the payment is made in freely convertible foreign currency or a license issued by the Ministry of Industry and Trade is available. The Ministry of Industry and Trade shall publish the list of goods requiring license upon re-export for each period and apply it.
2. The Ministry of Industry and Trade shall provide guidelines for import of wood of all kinds from Vietnam’s neighbor countries in accordance with Vietnam's and their laws and regulations and related agreements or direction documents of the Prime Minister.
3. The export or import of goods serving national defense and security purposes shall be regulated by the Prime Minister. Pursuant to decisions made by the Prime Minister, Ministers of the Ministry of National Defense and the Ministry of Public Security shall govern the export or import licensing.
4. Goods to be imported, under the list prescribed in Appendix IV thereto, which likely exert a direct effect on national defense and security but not for the national defense and security purposes, shall require a given license issued by the Ministry of Industry and Trade with reference to the Ministry of National Defense and the Ministry of Public Security.
5. The import of used machinery, equipment, and technology lines shall be regulated by the Prime Minister.
Article 9. Application and procedures for export or import licensing
Regulations on application and procedures for export or import licensing prescribed in Clause 3 Article 7, Clause 4 Article 8 hereof and Clause 1 Article 14 of the Law on Foreign Trade Management are elaborated as follows:
1. Required application documents:
a) An application form for licensing: 1 original.
b) Investment certificate or business registration certificate, business registration certificate: 1 copy bearing the trader's stamp.
c) Relevant documentation as per the law.
2. Procedures for licensing:
a) The trader shall submit a set of required documents prescribed in Clause 1 hereof, in person, by post or online (if applicable), to the licensing ministry or ministerial-level agency.
b) 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.
c) 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.
d) 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.
dd) 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.
3. Ministries and ministerial-level agencies shall, based on the regulation laid down in this Decree and relevant law provisions, promulgate or request competent authorities to promulgate guidance on licensing applications and recipients of licensing applications.
Article 10. Certificate of Free Sale for imported goods
1. A list of goods is issued and the power to manage CFS are provided for in Appendix V hereof.
2. According to management requirements in every period and to the extent required in the list of goods prescribed in Clause 1 hereof, Ministries and ministerial-level agencies shall publish a detailed list of imported goods requiring CFS enclosed with HS headings.
3. A CFS must at least contain:
a) Name of CFS issuing authority.
b) CFS number and date of issue.
c) Goods eligible for CFS.
d) Type or category of goods eligible for CFS.
dd) Manufacturer’s name and address.
e) The CFS clearly indicates that the goods are produced and freely sold in the market or the country of production or the country by which the CFS is issued.
g) Full name and signature of the CFS signatory and seal of the CFS issuing authority.
4. Competent ministries and ministerial-levels shall provide guidelines for the circumstance that CFS is applicable to multiple shipments.
5. In certain circumstances, subject to requirement of Ministries and ministerial-levels, the CFS must be consularly legalized as per the law, unless it is eligible for consular legalization exemption as provided for in international treaties to which Vietnam is a signatory or in reliance on principle of reciprocity.
6. If there is reasonable doubts as to the authenticity of CFS or the imported goods do not match with the CFS contents, the competent authority shall send a request for verification to the CFS issuing authority.
Article 11. CFS for exported goods
1. Ministries and ministerial-level agencies empowered to issue CFS for exported goods shall issue a CFS when:
a) Receiving an application for CFS submitted by an exporter; and
b) Considering that goods have applied standards as per the regulations and laws in force.
2. The CFS for exported goods must be expressed in English and at least contain information prescribed in Clause 3 Article 10 hereof.
If an importing country requires the trader to submit a CFS using a form regulated by its regulations and laws, the CFS issuing authority shall issue the CFS according to such required form.
3. Procedures for issuance of CFS for exported goods
a) The trader shall send an application, in person, by post or online (if applicable) to the CFS issuing authority, including required documents below:
- An application form for CFS, stating description and HS head of the good, number of certificate of conformity with standards or registration number, standard number (if any), content of compounding materials (if any), and importing country: 1 original, expressed in Vietnamese and English.
- Investment certificate or business registration certificate, business registration certificate: 1 copy bearing the trader's stamp.
- List of manufacturing facilities (if any), including name and address of facilities, products manufactured for export: 1 original.
- A document of applied standards for the good enclosed with display (on label or packages or packaging manual thereto): 1 copy bearing the trader's stamp.
b) If the required documents are incomplete or invalid, the CFS issuing authority 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.
c) If the required documents are complete and valid, the issuing authority shall issue the CFS within 3 working days from the receipt date. If the application is rejected, the CFS issuing authority shall provide explanation in writing.
d) The CFS issuing authority may undertake a verification visit to the facility if the verification of application gives insubstantial grounds for issuing a CFS or any breach of regulations associated with the former CFS is found.
dd) The trader may request number of CFS to be issued.
e) If the trader wishes to amend the CFS or have the CFS which is lost replaced, it shall send an application for amendment or replacement and required documents to the CFS issuing authority. Within 3 working days from the date on which a complete and valid application is received, the CFS issuing authority shall consider amending the CFS or grant a duplicate to the trader.
4. The Ministry or ministerial-level agency shall revoke the CFS if:
a) The exporter falsifies the documentary evidence or documents; or
b) CFS is issued for goods that are not conformable to applied standards.
Tìm kiếm
Nghị định 69/2018/NĐ-CP (Bản Word)
Nghị định 69/2018/NĐ-CP (Bản Pdf)