Principles of state administration related to the foreign trade

Article 4. Principles of state administration related to the foreign trade

Set-up-company-in-vietnam-Vinasc21. The State shall manage the foreign trade in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Ensure the transparency, equality and simplification of administrative procedures; ensure legal rights and interests of the State and traders in economic sectors; promote the development of domestic production and export associated with the import management.

3. Ensure the compliance with Most Favored Nation Treatment (MFN) and National Treatment principles in foreign trade activities in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

Article 5. Freedoms to export and import

1. Freedoms to export or import of Vietnamese traders except for foreign-invested business entities are exercised as follows:

a) A trader may export, import and carry out other relevant activities without any dependence on its registered business lines except for the products included in the list of prohibited exports and imports and the list of suspended exports and imports;

b) A trader exporting or importing products that require a license or are subject to certain conditions shall fulfill the requirements for the license and conditions;

c) A branch of a Vietnamese trader shall carry on foreign trade activities according to the authorization of the trader.

2. Freedoms to export and import of Vietnamese traders that are foreign-invested business entities or branches of foreign traders in Vietnam shall be exercised as follows:

a) The right to export and right to import shall be exercised in accordance with regulations of this Law and international treaties to which the Socialist Republic of Vietnam is a signatory.

Set-up-company-in-vietnam-Vinasc1The Ministry of Industry and Trade shall publish the list of products and roadmap to exercise the right to export and right to import in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;

b) A trader buys products in Vietnam and exports them to foreign countries by making an export declaration to carry out and take responsibilities for procedures related to the export. Rights to export shall exclude the right to organize a system for collecting products in Vietnam to export;

c) The trader may import products from foreign countries to Vietnam and sell them to traders that have the rights to distribute such products in Vietnam by making an import declaration to carry out and take responsibilities for procedures related to the import. Rights to import shall exclude the right to organize or join the system for distributing products in Vietnam;

3. 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 have the right to export and right to import in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

4. Exports and imports shall be defined and published corresponding to the classification of products prescribed in the list of Vietnamese exports and imports in accordance with regulations of law on customs.

5. The Government shall provide detailed guidance on Points b and c of Clause 2 and Clause 3 of this Article.