Must-know Before Engaging in Trade Activities in Vietnam
Vietnam has become an attractive destination for entrepreneurs from around the world, thanks to its dynamic economy and growing market opportunities. However, navigating Vietnam’s business laws can be challenging, even for local business owners, due to their complexity and varying regulations.
This insight aims to provide foreign investors with essential information on what products can be imported, exported, wholesaled, or retailed in Vietnam. Let’s dive in!
Table of Contents
ToggleGeneral Information on Trade Activities in Vietnam
Under Article 3.1 of Law No. 05/2017/QH14, foreign trade activities in Vietnam include the international purchase and sale of goods, which can be conducted through various forms such as export, import, temporary import for re-export, temporary export for re-import, border-gate transfers, and transit, along with other related activities.
Vietnamese traders
In general, Vietnamese traders are free to engage in export and import activities, regardless of their registered business sectors, except for goods that are banned or temporarily suspended from export or import. However, when dealing with goods that require permits or meet specific conditions, traders must ensure they comply with the necessary legal requirements.
Foreign traders
Foreign traders have the right to export and import goods as outlined in Vietnamese law and international treaties that Vietnam is a part of. The Ministry of Industry and Trade (MIT) publishes a list of goods and guidelines for exercising these rights in line with Vietnam’s commitments under these treaties.
Foreign traders can export goods by purchasing them from Vietnamese traders registered with the authorities. However, they cannot establish a network to purchase goods in Vietnam for export. In terms of import, foreign traders can bring goods into Vietnam for sale to local traders with distribution rights, but they are not permitted to organize or participate in a distribution network.
Additionally, foreign traders are generally prohibited from engaging in border-gate transfer businesses or temporary import for re-export activities, except in specific cases outlined in the law, which will be discussed below.
Import and Export Activities
Which Goods Are Banned from Import and Export?
According to Decree No. 69/2018/ND-CP, certain goods are prohibited from import and export by both Vietnamese and foreign traders, unless special approval is granted by the authorities. Below are the lists of prohibited exports and imports:
List of prohibited exports:
- Weapons, ammunitions, explosives (excluding industrial explosives), military technical equipment.
- Encrypted products used for protection of state secrets.
- Relics, antiques and national precious objects in accordance with the law on cultural heritage.
- Assorted cultural products banned from dissemination and circulation or decided to be suspended from dissemination and circulation, or subject to revocation, confiscation and destruction in Vietnam.
- Assorted publications banned from dissemination and circulation in Vietnam.
- Postage stamps banned from trading, exchange, display and dissemination in accordance with the Law on Post.
- Logs, sawn timber from domestic natural forests.
- Samples of precious, rare and endangered animals and plants under Appendix I of CITES derived from natural resources; or samples of precious, rare and endangered forest animals and plants under which need to be placed under category IA, IB prescribed in Decree No. 32/2006/ND-CP on export for commercial purpose.
- Samples and processed products of species: white rhinoceros (Ceratotherium simum), black rhinoceros (Diceros bicornis), African elephants (Loxodonta africana).
- Wild precious, rare and endangered species category I.
- Aquatic species under list of aquatic species prohibited from export.
- Livestock breeds and plant varieties under the list of precious and rare livestock breeds and plant varieties prohibited from export promulgated by the Ministry of Agriculture and Rural Development in conformity with the Ordinance on Livestock Breeds 2004 and Ordinance on Plant Varieties 2004.
- Schedule-1 toxic chemicals defined in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and Annex to the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014 on the management of chemicals under control in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
- Chemicals under the list of banned chemicals prescribed in Appendix III to the Government’s Decree No. 113/2017/ND-CP dated October 9, 2017 on guidelines for certain articles of the Law on Chemicals.
List of prohibited imports
- Weapons, ammunitions, explosives (excluding industrial explosives), military technical equipment.
- Assorted fireworks (excluding signal fires used for navigational safety under the guidance of the Ministry of Transport), sky lanterns, assorted devices causing interference to vehicle speedometers.
- Schedule-1 toxic chemicals defined in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and Annex to the Government’s Decree No. 38/2014/ND-CPdated May 6, 2014 on the management of chemicals under control in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
- Chemicals under the list of banned chemicals prescribed in Appendix III to the Government’s Decree No. 113/2017/ND-CPdated October 9, 2017 on guidelines for certain articles of the Law on Chemicals.
- Used consumer goods, medical equipment, and vehicles including the following commodity groups: Textiles and garments, footwear, clothes; Electronic appliances; Refrigerating appliances; Home electric appliances; Medical equipment; Interior decoration goods; Home appliances made of pottery, ceramic, glass, metal, plastic, rubber, and other materials; Bicycles; Motorcycles and mopeds.
- Assorted cultural products banned from dissemination and circulation or decided to be suspended from dissemination and circulation, or subject to revocation, confiscation and destruction in Vietnam.
- Goods being used information technology products.
- Assorted publications banned from dissemination and circulation in Vietnam.
- Postage stamps banned from trading, exchange, display and dissemination in accordance with the Law on Post.
- Radio equipment and radio-wave appliances which do not comply with radio frequency master plans and relevant technical regulations in accordance with the Law on Radio Frequencies.
- Right-hand drive means of transport (including those in knocked-down forms and those with converted drive before being imported in Vietnam), excluding special-use right-hand drive vehicles operating within a restricted location and not joining traffic, including: crane trucks; canal diggers, street sweepers, street washers; garbage trucks; road builders; passenger cars in airports and lifting trucks in warehouses and ports; concrete-pumping vehicles; vehicles moving only within golf courses or parks.
- Assorted automobiles, four-wheeled drives and their spare parts which have their frame or engine numbers erased, modified or tampered with.
- Trailers, semi-trailers which have their frame erased, modified or tampered.
- Assorted motorcycles, special-use motorbikes and motorbikes which have their frame or engine numbers erased, modified or tampered with.
- Used supplies and vehicles, including: Engines, frames, inner tubes, tires, spare parts and motors of cars, trailers, semi-trailers, four-wheeled drives; Chassis of cars and tractors, fitted with engines (including new chassis fitted with used engines and used chassis fitted with new engines); Assorted cars which have been transformed in structure compared with their original designs; Cars, trailers, semi-trailers (other than dedicated trailers and semi-trailers), used passenger four-wheeled motor vehicles over 5 years, from the manufacture year to the import year;
- Chemicals in Annex III of the Rotterdam Convention.
- Pesticides banned from use in Vietnam.
- Samples of precious, rare and endangered animals and plants under Appendix I of CITES derived from natural resources being exported for commercial purpose.
- Samples and processed products of species: white rhinoceros (Ceratotherium simum), black rhinoceros (Diceros bicornis), African elephants (Loxodonta africana).
- Wastes and scraps, refrigerating equipment using C.F.C.
- Products and materials containing asbestos of the amphibole group.
Which Goods Are Only Imported or Exported by Designated Traders?
The Vietnamese government has established a list of goods that can only be imported or exported by designated traders. These goods, along with the conditions for their trade, are managed by specific ministries and ministerial-level agencies. Once the list is established, the relevant ministries designate traders authorized to handle these goods and are responsible for overseeing and inspecting their activities in foreign trade.
The list is as follows:
- Metal casts used for minting and stamping coins (The State bank of Vietnam)
- Banknote-printing paper (The State bank of Vietnam)
- Banknote-printing ink (The State bank of Vietnam)
- Anti-counterfeiting blank paper-pressing machines and anti-counterfeiting blank papers used for banknote, checks and other valuable certificates and papers issued and managed by the banking service (The State bank of Vietnam)
- Banknote-printing presses (The State bank of Vietnam)
- Coin-molding and -minting machines (The State bank of Vietnam)
- Cigarettes, cigars (The Ministry of Industry and Trade)
Permit- or Condition-Based Management for Export and Import
Export and import permit-based management is a regulatory measure used by competent state agencies. It involves granting export or import permits, or other documents with equivalent legal validity, to traders for the export or import of goods.
On the other hand, export or import condition-based management is a measure where state agencies impose specific conditions that traders must meet in order to carry out export or import activities. These conditions may relate to business entities, types of goods, quantities, volumes, facilities, equipment, or designated geographical areas. Unlike permit-based management, traders do not need to apply for an export or import permit but must ensure they meet these conditions.
Below is a list of imported and exported goods that require a permit or must meet special conditions:
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Industry and Trade
A | Exported goods | Mode of management |
1 | Chemicals and products containing chemicals. | Complying with the Law on Chemicals and guiding Decrees |
Schedule-2 and 3 chemicals provided in Annex to the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014 on the management of chemicals under control of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. | Complying with the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014. | |
Pre-substances used in industries. | Export permit. | |
2 | Minerals (other than mineral as building materials). | Promulgation of lists of goods subject to conditional export, with prescribed conditions or standards |
3 | Explosive pre-substances, industrial explosives. | Export permit. |
4 | Goods exported within quotas set by foreign countries. (The Ministry of Industry and Trade shall announce these goods in conformity with Vietnam’s agreements or international commitments with foreign countries) | Export permit. |
5 | Goods subject to export control in accordance with international treaties to which Vietnam is a contracting party, to be promulgated by the Ministry of Industry and Trade for each period. | Export permit. |
6 | Goods subject to the grant of automatic Export permits: The Ministry of Industry and Trade shall publish a list of goods to which the grant of automatic Export permits applies for each period and organize the grant of such permits under current regulations on grant of permits. | automatic export permit |
B | Imported goods | Mode of management |
1 | Goods subject to import control in accordance with international treaties to which Vietnam is a contracting party, to be promulgated by the Ministry of Industry and Trade for each period. | Import permit. |
2 | Goods subject to the grant of automatic Import permits: The Ministry of Industry and Trade shall publish a list of goods to which the grant of automatic Import permits applies for each period and organize the grant of such permits under current regulations on grant of permits. | Automatic Import permit |
3 | Goods subject to tariff quotas: a) Salt. b) Material tobacco. c) Poultry eggs. d) Refined sugar, crude sugar. | Import permit. |
4 | Chemicals and products containing chemicals. | Complying with the Law on Chemicals and guiding Decrees |
Schedule-2 and 3 chemicals provided in Annex to the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014 on the management of chemicals under control of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. | Complying with the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014. | |
Pre-substances used in industries. | Import permit. | |
5 | Explosive pre-substances, industrial explosives. | Setting out conditions and import permit. |
6 | Tobacco materials, tobacco products, cigarette rolling papers; machines and equipment exclusively used for cigarette production and spare parts | Complying with the Government’s regulations on cigarette production and trading |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Transport
A | Exported goods | Mode of management |
None | ||
B | Imported goods | Mode of management |
1 | Signal fires for navigational safety | Import permit. |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Agriculture and Rural Development
A | Exported goods | Mode of management |
1 | a) Samples of precious and rare, endangered, wild animals and plants under Appendix I of CITES for non-commercial purpose. b) Samples of endangered and wild animals and plants from natural resources under Appendix II, III of CITES, and samples of endangered and wild animals and plants under Appendix II, III of CITES from breeding, rearing, artificial tree planting. | Based on the provision of the CITES, prescribing export conditions and guiding procedures. |
c) Precious and rare, wild animals and plants of groups IIA and IIB specified in the Government’s Decree No. 32/2006/ND-CP | Prescribing conditions and guiding procedures for export | |
2 | Precious and rare plant varieties and livestock breeds | Guiding in details in accordance with the Ordinance on Plant Varieties and the Ordinance on Livestock Breeds |
3 | Ornamental, shade and old trees from domestic natural forests | Prescribing conditions and dossiers for export |
4 | Firewood, charcoal or firewood originating from domestic natural forests | Prescribing conditions and guiding procedures for export |
5 | a) Aquatic species subject to conditional export. b) Aquatic species which may be normally exported. | Promulgating the list of aquatic species which may be normally exported; species and conditions for export of aquatic species subject to conditional export. |
B | Imported goods | Mode of management |
1 | Veterinary drugs and materials for production thereof registered for first-time importation into Vietnam | Test permit |
2 | Biological and microbiological preparations, chemicals used in veterinary medicine registered for first-time importation into Vietnam | Test permit |
3 | a) Plant protection products not included in the list of plant protection products permitted to be used in Vietnam for temporary importation or temporary import to manufacture in Vietnam for further export under contract signed with foreign party; b) Plant protection products for sterilization containing active ingredient methyl bromide and active ingredients with acute toxicity category I, II based on Harmonized System of Classification and Labeling of Chemicals (GHS); c) Plant protection products not included in the list of plant protection products permitted to be used in Vietnam for testing for the purpose of registration; d) Plant protection products not included in the list of plant protection products permitted to be used in Vietnam for testing, research; used in foreign projects in Vietnam; plant protection products used as sample goods, goods in exhibition, trade fairs and in certain special circumstances under decision of the Minister of Agriculture and Rural development; dd) Medicines under list of plant protection products banned from use in Vietnam but being imported as reference materials. | Import permit. |
4 | Livestock breeds outside the list of those permitted for production and trading in Vietnam; assorted insects not existing in Vietnam; sperms, embryos of livestock breeds imported for the first time into Vietnam | Import permit or test permit, clearly prescribing conditions and procedures for grant of permits |
5 | Plant varieties, live organisms in the field of plant protection and other articles on the list of articles subject to plant quarantine for pest risk analysis before being imported into Vietnam | Import permit, clearly prescribing conditions and procedures for grant of permits |
6 | Plant varieties outside the list of plant varieties permitted for production and trading in Vietnam which are imported for research, test, trial production or imported for international cooperation, as samples for display at exhibitions and gifts or implementing investment programs, projects | Import permit or test permit, clearly prescribing conditions and procedures for grant of permits in accordance with the Ordinance on Plant Varieties and the Ordinance on Livestock Breeds |
7 | Livestock feeds and materials for production thereof; aquatic feeds and materials for production thereof, outside the list of feeds permitted for circulation in Vietnam | Import permit or test permit, clearly prescribing conditions and procedures for grant of permits |
8 | Fertilizers not permitted for circulation in Vietnam: a) Fertilizers intended for testing; b) Fertilizers intended for sports grounds, amusement parks; c) Fertilizers intended for foreign-invested enterprises to serve business of enterprises; intended for foreign projects in Vietnam; d) Fertilizers as donations; sample goods; dd) Fertilizers in trade fairs, exhibitions; e) Fertilizers imported for manufacturing exported fertilizers; g) Fertilizers intended for scientific research; h) Fertilizers as materials for manufacture of other fertilizers. | Import permit. |
9 | Gene sources of plants, domestic animals, microorganisms for research, scientific and technical exchange | Import permit, clearly prescribing conditions and procedures for grant of permits |
10 | a) Samples of precious and rare, endangered, wild animals and plants from natural resources under Appendix I of CITES for non-commercial purpose. b) Samples of endangered and wild animals and plants from natural resources under Appendix II, III of CITES, and samples of endangered and wild animals and plants under Appendix II, III of CITES from breeding, rearing, artificial tree planting. | Based on the provisions of the CITES, prescribing conditions and guiding procedures for import. |
11 | a) Materials for production of biological and microbiological preparations, chemicals and substances used in aquaculture to improve environment. | Regulations on the management of quality of imported materials. |
b) Finished products on the list of products permitted for circulation in Vietnam or on the list of products subject to conditional import. | Promulgating the list of products permitted for circulation in Vietnam (the list of products which may be normally imported) and the list of products subject to conditional import. | |
c) Finished products neither on the list of products permitted for circulation in Vietnam or the list of products subject to conditional import. | Import permit, clearly prescribing conditions, volumes and procedures for grant of permits. | |
12 | a) Aquatic species which may be normally imported. | Promulgating the list of aquatic species which may be normally imported. |
b) Aquatic species subject to conditional import. | Promulgating the list of aquatic species subject to conditional import. | |
c) Aquatic species outside the list of products permitted for normal import which are imported for the first time into Vietnam. | Import permit, clearly prescribing conditions, volumes and procedures for grant of permits. | |
13 | a) Live aquatic animals used as food on the list of normal imports. | Promulgating the list of live aquatic animals used as food, which may be normally imported. |
b) Live aquatic animals used as food outside the list of live aquatic species imported to be used as food in Vietnam. | Regulations on risk assessment, grant of permits. |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Natural Resources and Environment
A | Exported goods | Mode of management |
None | ||
B | Imported goods | Mode of management |
1 | Scraps | Prescribing import conditions or standards |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Information and Communications
A | Exported goods | Mode of management |
1 | Publications (books, newspapers, magazines, paintings, photos, calendars) | Complying with the laws on publication and press |
B | Imported goods | Mode of management |
1 | Publications (books, newspapers, magazines, paintings, photos, calendars) | Complying with the laws on publication and press |
2 | Postage stamps, stamp publications and postage stamp items | Import permit. |
3 | Prepress system of printing industry. | Complying with the law on printing activities. |
4 | Printing machines of all kinds (offset, flexo, gravure, letterpress, silk-screen printing machine; color photocopiers, printers with color photocopying function. | Complying with the law on printing activities. |
5 | Cyber security products, including: a) Inspection and evaluation of cyber security; b) Surveillance of cyber security; c) Anti-hacking products. | Import permit. |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Culture, Sports and Tourism
A | Exported goods | Mode of management |
1 | Cinematographic works, works of performing arts and other audio-visual products, recorded on any material. | Stipulating conditions. |
2 | Works of fine arts, photographic works. | Stipulating conditions. |
3 | Relics and antiques not under the state ownership or the ownership by political organizations and socio-political organizations. | Complying with regulations on cultural heritage. |
B | Imported goods | Mode of management |
1 | Cinematographic works, works of performing arts and other audio-visual products, recorded on any material. | Approving contents of imported products. |
2 | Works of fine arts, photographic works. | Approving contents of imported products. |
3 | Electronic game machines installed with video game programs; electronic game machines installed with prize-awarding programs and casino-related equipment. | Written confirmation of list of imported goods |
4 | Children’s toys | Stipulating technical conditions. |
List of exported and imported goods requiring a permit and/or subject to specialized management by the Ministry of Health
A | Exported goods | Mode of management |
1 | Medicines put under special control. | Export permit. |
2 | Medicinal materials being psychotropic active ingredients, additive active ingredients, drug precursors. | Export permit. |
3 | Herbal ingredients under the list of rare, precious and endemic species and categories put under control. | Export permit. |
4 | Medicines, medicinal materials, other than herbal ingredients under the list of rare, precious and endemic species and categories put under control, medicines put under special control, medicinal materials being psychotropic active ingredients, additive active ingredients, and drug precursors. | To be imported as needed; certification of packing lists of imports is not required. |
5 | Food under management of the Ministry of Health as prescribed in laws and regulations on food safety referred to in declaration of conformity. | To be imported as needed; certification of packing lists of imports is not required. |
6 | Medical equipment. | To be imported as needed; certification of packing lists of imports is not required. |
7 | Chemicals and preparations for killing insects and bacteria for domestic and medical uses | To be imported as needed; certification of packing lists of imports is not required. |
8 | Cosmetics. | To be imported as needed; certification of packing lists of imports is not required. |
B | Imported goods | Mode of management |
1 | Medicines granted marketing authorization, other than medicines put under special control. | To be imported as needed; certification of packing lists of imports is not required. |
2 | Medicinal materials being active ingredients granted marketing authorization in Vietnam. | To be imported as needed; certification of packing lists of imports is not required. |
3 | Medicinal materials being active ingredients for manufacture of medicines according to the application for registration granted marketing authorization in Vietnam. | To be imported as needed; certification of packing lists of imports is not required. |
4 | Medical equipment granted marketing authorization. | To be imported as needed; certification of packing lists of imports is not required. |
5 | Chemicals and preparations for killing insects and bacteria for domestic and medical uses granted marketing authorization. | To be imported as needed; certification of packing lists of imports is not required. |
6 | Drugs put under special control. | Import permit. |
7 | Medicinal materials put under special control. | Import permit. |
8 | Medicines not granted marketing authorization in Vietnam. | Import permit. |
9 | Medicinal materials not granted marketing authorization in Vietnam, other than medicinal materials put under special control. | Import permit. |
10 | Reference materials, packages in physical contact with medicinal products. | Import permit. |
11 | Imported food under management of the Ministry of Health as prescribed in laws and regulations on food safety. | Declaration of conformity, declaration of conformity with food safety and state inspection. |
12 | Medical equipment not granted marketing authorization for scientific research or testing or instructions for use, or repairs of medical equipment. | Import permit. |
13 | Medical equipment not granted marketing authorization for purpose of aid. | Import permit. |
14 | Medical equipment not granted import marketing authorization for individual therapy. | Import permit. |
15 | Chemicals, preparations imported for research. | Import permit. |
16 | Preparations imported for purpose of aid or other particular purposes (gifts or no product or method suitable for the need of importer). | Import permit. |
17 | Cosmetics. | Announcing standards. |
List of exported and imported goods requiring permits and under given conditions subject to speciflized management of the State Bank of Vietnam
A | Exported goods | Mode of management |
1 | Raw gold. | Export permit. |
B | Imported goods | Mode of management |
1 | Raw gold. | Import permit. |
Temporary Import for Re-export of Goods
Vietnamese traders are permitted to conduct temporary import for re-export activities regardless of their registered business lines, subject to the following conditions:
- For goods that are subject to conditional temporary import for re-export, traders must meet the appropriate conditions.
- For goods banned or suspended from export or import, goods not yet approved for sale or use in Vietnam, or goods subject to quotas, tariff quotas, or permits (excluding automatic permits), traders must obtain a temporary import for re-export license from the Ministry of Industry and Trade.
- For all other goods, traders may carry out temporary import for re-export procedures directly at customs offices.
Foreign-invested economic organizations are not allowed to engage in temporary import for re-export business activities, except in the following cases:
- Temporarily importing goods into Vietnam under contracts with foreign partners for purposes such as warranty, maintenance, rental, borrowing, or other specified uses, then re-exporting those goods.
- Temporarily importing goods previously exported by the organization for reprocessing or warranty at the request of foreign traders, and re-exporting those goods.
- Temporarily importing goods for display at trade fairs or exhibitions.
- Temporarily importing goods for inspection or testing.
- Temporarily importing components and parts for re-export without a contract to serve in the replacement or repair of foreign seagoing ships and aircraft, or temporarily importing parts to serve repair under contracts with foreign ship owners.
- Temporarily importing rotational containers for goods intended for export or import.
- Temporarily importing foreign machinery, equipment, and tools for medical examination and treatment for humanitarian purposes.
- Temporarily importing performance instruments and sports equipment for arts or sports groups for competition or training purposes.
- Temporarily importing weapons, ammunition, and military or security equipment for national defense or security purposes.
Border-Gate Transfer of Goods
Vietnamese traders are permitted to conduct border-gate transfer activities. However, foreign-invested economic organizations are not allowed to participate in border-gate transfer business.
Wholesale, Retail and Other Activities in Vietnam
Wholesale and retail activities
According to Decree No. 09/2018/ND-CP, both Vietnamese and foreign traders can conduct wholesale and retail activities in Vietnam if:
- They fully satisfy the law-prescribed conditions, if any.
- The goods they trade are lawfully imported into Vietnam.
Foreign traders or foreign-invested economic organizations are granted the right to engage in wholesale and retail activities in Vietnam as follows:
- Retail (B2C): If foreign traders sell goods directly to individuals, households, or organizations for consumption (B2C), they must obtain a Business License from the relevant authorities.
- Wholesale: If they import and wholesale goods (i.e., sell goods to wholesale traders, retail traders, and other organizations without conducting retail activities), such as lubricating oils and greases, they must also be granted a Business License from competent authorities.
- Establishing Retail Outlets: Foreign-invested economic organizations that wish to establish retail sales outlets must obtain a License for Establishing Retail Sales Outlets from the appropriate authorities.
Other business activities
For other types of business activities, both Vietnamese and foreign traders must comply with any requirements set out by specific laws that regulate these activities. This includes conditional businesses as well.
> Read more: Business Lines in Vietnam
Besides, Foreign-invested economic organizations must obtain a Business License if they wish to carry out the following activities:
- Providing logistics services (except for sub-sectors where Vietnam has market-opening commitments in international treaties).
- Leasing goods (excluding financial leasing and leasing construction equipment requiring operators).
- Providing trade promotion services (excluding advertising services).
- Providing commercial intermediary services.
- Providing e-commerce services.
- Providing goods and service bidding services.
Good and Service Are Subject to State Monopoly in Business Activities
In Vietnam, certain business activities can only be conducted by state agencies or individuals and organizations authorized by the state. This means that neither Vietnamese citizens nor foreign entities are allowed to conduct these activities.
List of goods, services subject to state monopoly in commercial activities:
- Goods and services for national defense or security: Detailed instructions shall be issued by the Minister of National Defense and Minister of Public Security
- Industrial explosives: Manufacture, purchase, sale, import-export, temporary import for re-export and transit
- Gold bars: Production
- Gold materials: Import and export, for production of gold bars
- Lottery tickets: Issuance
- Cigarettes, cigars: Import (except import for trading in duty-free shops)
- National reserves: Management, import, export, purchase, sale, storage and preservation of goods named on the national reserves list
- Banknotes and coins: Printing and minting
- Vietnamese postage stamps: Issuance
- Fireworks and firework-related services: Production, import, export, purchase, sale, transport and storage
- National power grid: Transmission and regulation
- Multi-purpose hydropower plants and nuclear power facilities of special socio-economic importance: Construction and operation
- Public maritime services: Operation of navigation light systems and; Operation of public navigable channels.
- Public coastal information services: Management and operation of coastal information stations
- Flight assurance activities: Air traffic services; Aeronautical information services; Aviation search and rescue services.
- State-invested national and urban railway infrastructure systems: Management and exploitation, excluding maintenance, of railway infrastructure systems
- Inter-provincial and inter-district irrigation works; sea embankments: Management and operation, in case of plan assignment
- Forestry services in special-use forests: Provision (excluding landscape conservation forests which are leased by the State to economic organizations for the purpose of forest protection and development combined with provision of sightseeing, leisure and ecological-environmental tourism services)
- Publications: Publishing (excluding printing and distribution activities)
- Public postal service networks: Management, maintenance and operation
- Public services in newspaper distribution activities: Provision
Roadmap for the Trading of Goods by Foreign-Invested Organizations
Foreign-invested organizations in Vietnam are granted the right to engage in the following activities, as long as the goods are not restricted under specific regulations:
- Export Rights: Foreign-invested organizations can export goods that are not on the prohibited export list.
- Import Rights: Foreign-invested organizations may import goods that are not on the prohibited import list.
- Distribution Rights: Foreign-invested organizations can distribute goods that are not on the prohibited distribution list.
The exercise of these rights must adhere to the provisions of Circular No. 34/2013/TT-BCT and other relevant legal regulations in Vietnam.
The list of goods which foreign-invested organizations may not export is as follows:
- Petroleum oils and oils obtained from bituminous minerals, crude
The list of goods which foreign-invested organizations may not import is as follows:
- Cigars, cheroots, cigarillos and cigarettes, of tobacco or tobacco substitutes
- Other manufactured tobacco and manufactured tobacco substitutes; “homogenized” or “reconstituted” tobacco; tobacco extracts and essences
- Petroleum-originated oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum-originated oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils
- Newspapers, journals and periodicals, whether or not illustrated or containing advertising material
- Discs, tapes and other recording media already recorded with sound or other similar phenomena, including matrices and masters for the production of tapes, discs, etc.
- Other aircraft (for example, helicopters, aeroplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles
- Parts of goods of heading 88.01 or 88.02
The list of goods which foreign-invested organizations may not distribute is as follows:
- Rice
- Cane or beet sugar
- Tobacco and cigars, including: Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes; Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences
- Crude oils and manufactured oils, including: Petroleum oils and oils obtained from bituminous minerals, crude; Petroleum-originated oils and oils obtained from bituminous minerals, other than crude, and etc.
- Pharmaceutical products, including medicaments specified in Clause 2, Article 2 of Law No. 34/2005/QH11
- Explosives, including Propellent powders; Prepared explosives, other than propellent powders; Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators
- Books, newspapers and journals
- Precious metals and stones, including: Diamonds, whether or not worked, but not mounted or set; Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; precious stones (other than diamonds), and etc; Synthetic or reconstructed precious or semi-precious stones, whether or not worked or graded but not strung, mounted or set; and etc; Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured form, or in powder form; Gold (including gold plated with platinum), unwrought or in semi-manufactured form, or in powder form; Platinum, unwrought or in semi-manufactured form, or in powder form; Including only silver or gold, clad with platinum, not further worked than semi-manufactured; Coin
- Recorded articles of any materials
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References
1. Business Information Portal of Ho Chi Minh City DPI (in Vietnamese):
Website: https://doanhnghiep.hochiminhcity.gov.vn/ThuTucHanhChinh
2. National Business Registration Portal (in English):
Website: https://dangkykinhdoanh.gov.vn/en/Pages/default.aspx
3. National Investment Information Portal (in Vietnamese):
Website: https://vietnaminvest.gov.vn/SitePages/home.aspx
4. Legal documents (laws, decrees, circulars, decisions) on business registration:
Website: https://dangkykinhdoanh.gov.vn/en/Pages/LegalDocument.aspx
Disclaimer: The contents of this article are for informational purposes only and may not apply to all situations. For assistance related to your specific issues, please contact us for support from our team of legal experts.
This article was first published on September 19, 2024, and last updated on September 28, 2024.
Author: Tony Nguyễn
Category: Business Law
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