The Government on May 15 issued Decree No. 69/2018/NĐ-CP detailing a number of articles of the Law on Foreign Trade Management (“Decree 69”) to guide the implementation of the Law on Foreign Trade Management.

Conditions for import and export

To ensure the principle of freedom to import and export of domestic and foreign enterprises, Decree 69 provides guidelines on the import and export procedures for the following goods:

– For licensed exports and imports, traders must obtain the licenses from the relevant ministries and ministerial-level agencies;

– For conditional exports and imports, traders must satisfy the conditions as prescribed by law.

– For goods on the List of Imports and Exports subject to inspection under Article 65 of the Law on Foreign Trade Management, traders must be subject to the inspection by competent agencies in accordance with law.

– For goods not covered by the said three cases, traders must only carry out the import or export procedures at the customs office.

Detailed provisions on the Certificate of Free Sale (CFS) for imports and exports

Decree 69 also promulgated the List of Goods and the authority to manage CFS, for example: Drugs, cosmetic products, functional foods, cigarettes etc. are under the management authority of the Ministry of Health; Products from any cultivation, harvest processing, preservation, agricultural and aquatic products etc. are under the management authority of the Ministry of Agriculture and Rural Development.

Temporary import in less than 60 days

The goods that are temporarily imported for re-export must be kept in Viet Nam for no more than 60 days from the date of completion of the customs procedures for temporary import.

In case of any extension, traders will send written requests for extension to the Customs Sub-Department of the locality where the temporary import procedures are carried out; each extension must not exceed 30 days and no more than two extensions is allowed for each shipment of goods temporarily imported for re-export.

Past this time limit, traders must re-export the goods out of Viet Nam or destroy them.

Foreign-invested economic organizations are not allowed to conduct temporary import and re-export of goods and goods transit activities.

Decree 69 takes effect from the date of its promulgation, repealing Decree No. 187/2013/NĐ-CP dated 20/11/2013; Articles 2, 3, 4, 5, 6 and 7 of Decree 77/2016/NĐ-CP dated 01/07/2016 and Decision No. 10/2010/QĐ-TTg dated 10/02/2010 of the Prime Minister./.