Is it necessary to show the HS code on the Business License when the Business License is adjusted?

1. How is the freedom to do export and import business regulated?

Pursuant to Article 3 of Decree 69/2018/ND-CP the freedom to do export and import business is regulated as follows:

“Article 3. Freedom to do export and import business

1. Vietnamese traders are not organizations Foreign-invested economic organizations are allowed to export, import and carry out other related activities regardless of business registration, except for goods on the list of prohibited exports and imports as prescribed in this Decree; other goods banned from export or import according to the provisions of law; goods temporarily suspended from export or import.

Branch of Vietnamese traders may conduct foreign trade activities under authorization. of traders.

2. Foreign-invested economic organizations and branches of foreign traders in Vietnam, when conducting export and import activities within the scope of this Decree, must implement Vietnam’s commitments in international treaties to which the Socialist Republic of Vietnam is a member, the List of goods and roadmap announced by the Ministry of Industry and Trade, and implement the provisions of this Decree and other legal regulations. related.

3. Export and import activities of foreign traders not present in Vietnam, other relevant organizations and individuals from countries and territories that are members of the World Trade Organization and countries that have bilateral agreements with Vietnam shall comply with the Government’s regulations.”

2. How is the business license for the purchase and sale of goods of foreign-invested enterprises regulated?

Pursuant to Clause 1, Article 5 of Decree 09/2018/ND-CP, the business license is regulated as follows:

“Article 5. Issuance of Business License, License to establish sales establishments retail

1. Business licenses are issued to foreign-invested economic organizations to carry out the following activities:

a) Exercise the right to retail distribution of goods, excluding the goods specified in Point c, Clause 4, Article 9 of this Decree;

b) Exercise the right to import and wholesale distribution of goods specified in Point b, Clause 4, Article 9 of this Decree;

c) Exercise the right to retail distribution of goods specified in Point c, Clause 4, Article 9 of this Decree;

d) Providing logistics services; except for logistics service sub-sectors in which Vietnam has committed to open the market in international treaties to which Vietnam is a member;

d) Goods leasing, excluding financial leasing; except for rental of construction equipment with operators;

e) Providing trade promotion services, excluding advertising services;

g) Providing commercial intermediary services;

h) Providing e-commerce services;

i) Providing services of organizing bidding for goods and services.

3. If the Business License is adjusted like that, is it necessary to show the HS code on the Business License to be able to import, export and distribute goods according to the provisions of law?

Pursuant to Official Dispatch 6219/BCT-KH of 2018 guiding the implementation of Decree 09/2018/ND-CP on wholesale and retail, there are provisions as follows:

“…

2. How to record Business License and Retail Establishment License

a) Decree No. 09/2018/ND-CP does not have mandatory regulations on foreign-invested economic organizations declaring a list of goods exercising retail distribution rights according to HS code, name or chapter. Determining the scope of the list of business goods and declaring the list of goods according to HS code, by name or by chapter… is the right of investors and economic organizations on the basis of self-balancing needs, capacity and business plan, ability and financial plan, size of retail establishment, type of retail establishment (if there is a request to establish a retail establishment), convenience for economic organizations when carrying out customs clearance procedures and tax declaration in accordance with the law on related taxes, finance, customs procedures.

The Licensing Agency (Department of Industry and Trade) records the content of goods in the Business License, License to establish a retail establishment on the basis of the economic organization’s application dossier, in accordance with the review and assessment results of the Department of Industry and Trade on meeting the licensing conditions, the compatibility of the business plan, financial plan with the business scale, retail establishment scale, type of retail establishment (if the economic organization have foreign investment capital and request to set up a retail facility), characteristics of the goods expected to be traded…, in accordance with the provisions of Decree No. 09/2018/ND-CP.

Thus, based on the above regulations, foreign-invested enterprises, if they have the right to import according to the provisions of the Law on Foreign Trade Management, can carry out activities related to the right to import. And writing the HS code on the Business License is not required.