The increase in the number of goods entering and leaving customs points requires a quick and timely license application, saving time for businesses and relevant agencies to handle import and export activities. Vietnamese law clearly stipulates that goods must have a license when carrying out import and export activities. Normally, companies of all economic sectors are entitled to export goods based on domestic commercial registration without having to register for an export business license. Where to apply for an import and export license?

1. What is an import and export license?

Applying for an import and export license is a mandatory task that businesses must complete if they want to export goods abroad or import raw materials and products for many different purposes. Trading and exporting surplus goods can increase profits and importing domestically unavailable products and goods is one of the most prominent features of today’s integrated market economy. But in addition to imported and exported goods, there are always some items that are not allowed to be imported and exported, such as products such as guns, etc. In order to control the risks that may arise, the law stipulates the issuance of import and export licenses for each product. For each product, there will be specific standards and conditions for applying for an import and export license.

An import and export license is proof of legality and allows domestic goods and services to be traded with other countries. An import and export license is a document related to certain goods that meet certain standards and can be imported or exported through a number of different routes and modes of transport. Similar to applying for a company establishment license, applying for an import and export license also requires ensuring certain conditions.

2. What documents are included in the application for an import and export license?

When applying for an import-export license, the entity in need of the license must prepare a dossier according to the provisions of Clause 1, Article 9 of Decree 69/2018/ND-CP of the Government. Specifically, the dossier for granting an import-export license includes:

– A written request for an import-export license from the entity in need

– Investment certificate or business registration certificate (GDKKD), enterprise registration certificate (ĐKDN)

– Other relevant papers or documents as prescribed by law.

3. Procedures for applying for an import-export license

The procedure for applying for an import-export license is as follows:

Step 1: Prepare and submit the dossier

The entity applying for an import-export license will prepare and submit a set of documents to the competent licensing authority (can be submitted in person or sent by post or online (if applicable)).

Step 2: Receiving and processing the application

The competent authority receives and reviews the application, there will be 2 cases:

• Case 1: The application is complete, the application will be processed according to regulations and the export and import license will be issued to the Organization or individual who needs to import and export goods to complete the application.
• Case 2: The application is incomplete, missing or not in accordance with regulations and requires additional documents or explanation of the application, the competent authority must notify the Organization or individual who needs to import and export goods to complete the application (notification period is 3 working days from the date of receiving the application). If the law stipulates otherwise on the time limit for granting import-export licenses, the ministry or ministerial-level agency must issue a written response to the organization or individual requesting an import-export license (within 10 working days from the date of receipt of a complete and correct application)
• If the law stipulates that the ministry or ministerial-level agency with the authority to grant import-export licenses needs to consult with other relevant agencies, the time limit for processing the application is calculated from the time of receiving the response from the relevant agency.

Step 3: Receive import-export licenses according to regulations

Organizations and individuals requesting import-export licenses receive licenses from the competent state agency.

4. Where can I apply for an import-export license?

Where can I apply for an import-export license? is a question that many people are wondering because currently there are many individuals and organizations intending to do business in import-export goods. Accordingly, in Decree 09/2018/ND-CP, the competent authority to issue import-export licenses belongs to the following agencies:

Ministry of Industry and Trade: Issue import licenses for goods on the List of conditional import goods specified in Appendix III of Decree 69/2018/ND-CP, except for goods under the licensing authority of other ministries and branches.

Other ministries and branches: Issue licenses for goods on the List of goods of Decree 69/2018/ND-CP according to their management areas.

Specifically, the authority to grant import licenses for certain types of goods is as follows:

– Ministry of Health: Medicines, pharmaceutical ingredients, cosmetics, functional foods

– Ministry of Natural Resources and Environment: Chemicals, insecticides, disinfectants, fungicides, rodenticides, termites, bedbugs

– Ministry of Science and Technology: Machinery, equipment, technological lines, software, software equipment, raw materials, supplies imported for the production of goods in accordance with the provisions of law on technology management: Ministry of Science and Technology.

– Ministry of Natural Resources and Environment: Scrap, waste, toxic chemicals, radioactive substances

– Ministry of Agriculture and Rural Development: Endangered, precious, rare wild animals and plants

– Ministry of National Defense: Weapons, ammunition, explosives, explosive precursors, chemicals, radioactive substances, equipment, supplies related to national defense and security.

5. Some products require an import-export license

Some products require an export license:

– Modern medicine

– Seeds: To be exported abroad, seeds must apply for an export license. Enterprises exporting seeds must have a plant quarantine license issued by the Plant Quarantine Department or the Plant Protection Department.

– Animals and plants: To be able to export animals and plants abroad, an inspection license from the Department of Animal Health or the Plant Quarantine Department is required.

– Mineral samples: This type of goods requires an exploitation and export license along with an official dispatch requesting to export the goods to the Customs Department.

– Wood and wood products: This is a type of goods on the list of goods that must have a license when exporting and a fumigation certificate such as: wooden tables and chairs, wooden items, especially rare and valuable woods.

– Cosmetics: Must have cosmetic declaration and export license as stipulated in Circular 06-2011-TT-BYT

– Liquids, sand, coal powder: Liquids, sand, coal powder, … must have an official dispatch sent to the airline according to the Aviation Safety Regulations.

– Books, newspapers, hard drives: Belonging to the category of cultural products, books, newspapers or hard drives when exported must be strictly inspected by the Department of Information and Communications, Department of Culture, Sports and Tourism.

Except for books and newspapers that are officially published, released or circulated domestically with control labels of the Cinema Department and other cultural and cultural management agencies, all must apply for a license:

• Books, newspapers, calendars, maps, documents of all fields, typed, handwritten or copied in any form.
• All types of technical drawings, drawings of construction design projects.
• Regular paintings or art paintings of the following genres: graphics, zinc engraving, wood engraving, lacquer engraving, sculpture, mother-of-pearl inlay, etc.
• Handicrafts, worship items, etc. of various genres and materials.

Types of goods requiring import licenses:

Applying for an import-export license is a mandatory obligation if you want to import or export goods, raw materials or products for many different purposes. We hope that the above article can help you better understand import-export licenses as well as find information about “Where to apply for an import-export license?”. VIET MY LAW AND ACCOUNTING Company provides services to apply for all types of licenses, including import and export licenses. If you have any needs, please contact us immediately.