Tiếng Việt
中文Short answer: A 100% foreign-owned company importing garments for resale (not for production or processing) must have a Business License (import right) under Decree 09/2018/ND-CP — no other “special license” is needed if the goods are not prohibited, suspended, or subject to specialized management. Conditions for the Business License include: meeting market access commitments in international treaties, having a financial plan, and having no overdue tax debts (Article 9).
Legal basis
- Decree 09/2018/ND-CP detailing the Law on Commerce and the Law on Foreign Trade Management regarding goods trading activities of foreign-invested economic organizations (Articles 3, 5, 8, 9).
Is a special license needed to import garments for resale?
Under Article 5 of Decree 09/2018/ND-CP, a foreign-invested economic organization exercising the right to import goods for distribution (buying for resale, not for production or processing) must be granted a Business License. Ordinary garments are not on the list of goods prohibited from import, suspended from import, or requiring specialized licenses, so apart from the Business License the enterprise needs no other special license.
Related services
Business Licenses and Conditional Business Sectors
If your business is preparing an application, amendment, business line registration or licensing review, ANT Legal can help check the file and execution path.
Note: if the garments fall within conditional goods (e.g., textiles subject to labeling or quality requirements), the enterprise must still comply with specialized regulations at customs clearance and circulation.
Conditions for a 100% foreign-owned company to be granted a Business License
Under Article 9 of Decree 09/2018/ND-CP:
- Where the investor is from a country/territory party to an international treaty to which Vietnam is a member with market opening commitments: meet the market access conditions in the international treaty; have a financial plan to carry out the licensed activities; have no overdue tax debts (if established in Vietnam for 01 year or more);
- Other cases: meet the two financial and tax conditions above plus criteria: compliance with specialized law; consistency with the competitiveness of domestic enterprises; ability to create jobs for domestic workers; ability and level of contribution to the state budget.
Authority granting the Business License
Under Article 8 of Decree 09/2018/ND-CP: the Department of Industry and Trade where the foreign-invested economic organization has its head office issues, re-issues, adjusts, and revokes Business Licenses. Where establishing a retail outlet, the Department of Industry and Trade where the retail outlet is located grants the Retail Outlet Establishment License (after the enterprise has obtained the Business License). Some activities require opinions from the Ministry of Industry and Trade and line ministries before licensing.
Frequently asked questions
Is a Business License needed to import garments for processing and re-export?
Processing for foreign traders is carried out under commercial processing regulations; if the company only processes and re-exports (without distribution in Vietnam), no Business License under Decree 09/2018 is needed.
With a Business License, may the company open a retail store?
Yes, but it must additionally apply for a Retail Outlet Establishment License at the Department of Industry and Trade where the store is located.
To obtain a Business License for an FDI company with the correct rights scope from the start, please contact ANT Legal’s lawyers to have your dossier reviewed and for advice before proceeding.
