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Management of foreign trade operations


On 12/6/2017, the National Assembly enacted Law No. 05/2017/QH14 on the management of foreign trade operations.

Question: What are regulations on administrative measures in foreign trade operations?


Accordingly, this Law focuses on administrative measures, phytosanitary techniques, trade remedies, emergency measures in foreign trade management, and other measures for foreign trade operations by state authorities to ensure full compliance with the rules of most-favored nation treatment, national treatment in foreign trade under Vietnamese law, and international treaties to which Viet Nam is a member.

Pursuant to the Law on foreign trade operation, administrative measures provide regulations on management of export and import operations between Viet Nam and foreign countries, including the following specific measures:

- Prohibition from export and import,
- Temporary suspension from export and import;
- Limiting export and import;
- Management by licenses, or setting out;
- Conditions for export and import;
- Certificate of origin and certificate of free circulation;
- Other foreign trade management measures, including: temporary import for re-export, temporary export for re-import; transshipment; transit; purchasing and selling agents for foreign business persons; export, import consignors and consignees; processing goods for foreign merchants and outsourcing goods production overseas.
- Management of foreign trade operations; with bordering countries; and
- Goods management for separate customs.

The Law shall take effect from January 1, 2018 and replace Ordinance No. 42/2002/PL-UBTVQH10 on trade remedies for imports, Ordinance No. 20/2004/PL-UBTVQH11 on anti-dumping and Ordinance No. 22/2004/PLUBTVQH11 against commodity subsidies, excluding the cases handled by the state authorities before 01/01/2018; and supersede some relevant regulations in the 2005 Commercial Law./.

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