Law on Foreign Trade Management

The Law affirms traders’ right to freedom of export and import business in conformity with the 2013 Constitution, the Law on Investment and Article 7 of the Law on Enterprises.

It also notes that such right will be limited only in cases where export or import is banned, suspended or restricted under the Law.

Article 5 of the Law provides the right to freedom of export and import business of Vietnamese traders, foreign-invested traders and branches of foreign traders in Vietnam.

Foreign-invested traders and branches of foreign traders in Vietnam will exercise their right to import and export in accordance with the Law and treaties to which Vietnam is a contracting party. The Ministry of Industry and Trade will announce the list of goods and the roadmap for exercise of the right to export or import these goods in accordance with treaties to which Vietnam is a contracting party. These traders and branches may buy goods in Vietnam and export them abroad under export declarations made in their own names. The right to export in this case does not include the right to organize a network for buying goods in Vietnam for export. They may also import goods from abroad into Vietnam in order to sell them to traders that have the right to distribute such goods in Vietnam. This right does not cover the right to establish or join a goods distribution system in Vietnam. They will be responsible for carrying out export- or import-related procedures.

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