Decree 17/2020/ND-CP – Amendments to business investment conditions under the state management of the Ministry of Industry and Trade
Decree 17/2020/ND-CP amends and supplements various decrees on conditional business requirements in sectors such as automobiles, electricity, chemicals, food, gas, alcohol and tobacco. For import-export and logistics operations, the Decree should be reviewed whenever the cargo is subject to licenses, specialized inspection or conditional business requirements before customs clearance.
QUICK SUMMARY
- Issued by the Government on 05 February 2020 and effective from 22 March 2020.
- The core purpose is to reduce, amend and repeal certain business investment conditions under the Ministry of Industry and Trade.
- Logistics-sensitive product groups include imported automobiles, chemicals, MOIT-managed food products, gas, alcoholic beverages and tobacco products.
- For each shipment, enterprises should review the HS code, technical description, intended use, license requirements and specialized management obligations; the trade name alone is insufficient.
DOCUMENT INFORMATION
KEY CONTENT TO NOTE
| Sector | Main regulatory impact | Implication for import-export / logistics |
|---|---|---|
| Imported automobiles | Amends quality management methods for imported brand-new automobiles and adds requirements concerning navigation software/equipment containing maps that violate Vietnam’s sovereignty. | Review technical dossiers, quality documents, navigation/map materials and quality-control obligations before customs procedures. |
| Electricity | Amends conditions for electricity activities and consultancy services for electrical works. | Relevant to project cargo, imported equipment for power projects and technical service providers in the supply chain. |
| Chemicals | Amends conditions for manufacturing, exporting and importing scheduled chemicals, DOC and DOC-PSF chemicals; repeals certain conditions. | Check chemical lists, CAS numbers, HS codes, SDS/MSDS, import/export licenses and chemical declaration obligations. |
| MOIT-managed food products | Amends conditions and dossiers related to food safety eligibility certificates. | Review food safety dossiers, self-declaration/product declaration, supplementary labels and storage conditions. |
| Gas business | Amends certain gas business conditions. | Shipments of gas, gas containers or distribution systems may require additional business-condition and safety review. |
| Alcohol business | Amends/repeals several alcohol business conditions and adds rules for alcoholic beverages under 5.5% ABV. | Imported alcohol requires review of import border gates, registration/licenses, labeling, food safety, stamps and distribution rights. |
| Tobacco business | Amends/repeals certain tobacco business requirements. | Review business licenses, specialized equipment lists and environmental/fire-safety obligations. |
AFFECTED ENTERPRISES
- Automobile importers, distributors, warranty and maintenance service providers.
- Electricity enterprises, power project owners and electrical design/supervision consultants.
- Chemical manufacturers, traders, exporters and importers.
- Food manufacturers and traders under MOIT management.
- Gas, alcohol and tobacco traders.
- Logistics providers, freight forwarders, customs brokers, procurement, legal, compliance and operations teams handling conditional goods.
ENTERPRISE REVIEW CHECKLIST
| Item | Review point | Operational note |
|---|---|---|
| 1. Goods identification | Product name, HS code, technical specifications, catalogue/datasheet, CAS for chemicals, ABV for alcohol. | Do not determine policy based on the trade name only. |
| 2. Conditional business scope | Determine whether the goods fall under conditional business sectors. | Commonly relevant to alcohol, tobacco, gas, chemicals, automobiles and certain food products. |
| 3. Specialized licenses/registrations | Import licenses, business registrations, registration for alcohol under 5.5% ABV, chemical licenses where applicable. | Review before booking or before ETA. |
| 4. Customs dossier | Invoice, Packing List, Bill of Lading/AWB, contract/PO, C/O if any, technical documents, licenses or specialized inspection results. | Information must be consistent with the customs declaration. |
| 5. Food safety/product labeling | Product declaration/self-declaration, food safety inspection, original label, Vietnamese supplementary label, storage conditions. | Especially important for food, alcohol and consumer goods under MOIT management. |
| 6. Fire safety, environment, occupational safety | Review obligations during manufacturing, warehousing, transportation, warranty/maintenance or distribution. | These requirements are often missed when only import documents are reviewed. |
| 7. Post-clearance obligations | Record retention, additional specialized documents and post-clearance audit response where applicable. | Set up a product-specific checklist to avoid missing documents. |
TECHNICAL TERM NOTES
Conditional business requirements: statutory requirements that must be satisfied before/during business operations.HS code: customs classification code used to determine tariff and management policy.Food safety: regulatory compliance for food products and food establishments.CAS: international chemical identifier.MSDS/SDS: chemical safety data sheet.ETA: Estimated Time of Arrival.
NOTES FOR IMPORT-EXPORT / LOGISTICS APPLICATION
- This Decree is not a tariff schedule; it mainly addresses conditional business and specialized management obligations.
- For conditional goods, legal review should be completed before finalizing purchase terms, shipping schedules and customs-clearance plans.
- For imported alcohol, review import border gates, ABV, licenses/registration, labels, food safety and distribution rights.
- For chemicals, review the controlled chemical list, CAS, SDS/MSDS, import/export licenses and chemical declaration requirements.
- For imported automobiles, review quality dossiers, technical materials and navigation/map software where relevant.
RELATED LEGAL DOCUMENTS TO REVIEW
| Related document | No. | Issuer | Date | Relevance | Key articles/appendices |
|---|---|---|---|---|---|
| Law on Government Organization | 2015 | National Assembly | 19 Jun 2015 | Legal basis for the Government’s authority to issue the Decree. | Preamble. |
| Commercial Law | 36/2005/QH11 | National Assembly | 14 Jun 2005 | Relevant to international trade in goods, agency, processing and transit operations. | Review when applying to import-export transactions. |
| Law on Chemicals | 06/2007/QH12 | National Assembly | 21 Nov 2007 | Basis for amendments concerning chemicals, scheduled chemicals and DOC/DOC-PSF chemicals. | Chapter III; Articles 5–9. |
| Law on Food Safety | 55/2010/QH12 | National Assembly | 17 Jun 2010 | Basis for food manufacturing and trading conditions under the Ministry of Industry and Trade. | Chapter IV; Articles 10–13. |
| Law on Electricity and amending Law | 28/2004/QH11; 24/2012/QH13 | National Assembly | 03 Dec 2004; 20 Nov 2012 | Basis for amendments on electricity activities and electricity consultancy services. | Chapter II; Articles 3–4. |
| Law on Prevention and Control of Tobacco Harms | 09/2012/QH13 | National Assembly | 18 Jun 2012 | Basis for amendments on tobacco business conditions. | Chapter VIII; Articles 18–19. |
| Law on Investment and amendment to conditional business sectors | 67/2014/QH13; 03/2016/QH14 | National Assembly | 26 Nov 2014; 22 Nov 2016 | General legal basis for reduction and amendment of conditional business requirements. | Preamble; conditional business review. |
| Law on Prevention and Control of Harms of Alcoholic Beverages | 44/2019/QH14 | National Assembly | 14 Jun 2019 | Basis for amendments concerning alcohol business, especially alcoholic beverages under 5.5% ABV. | Chapter VII; Articles 16–17. |
| Decree on automobile manufacturing, assembly and import | 116/2017/ND-CP | Government | 17 Oct 2017 | Partially amended/repealed for automobile import and warranty/maintenance services. | Articles 1–2; replacement of Form No. 05 by Form No. 15. |
| Decree detailing the Law on Electricity | 137/2013/ND-CP | Government | 21 Oct 2013 | Partially amended/repealed regarding electricity business conditions. | Articles 3–4. |
| Decree amending business conditions under MOIT management | 08/2018/ND-CP | Government | 15 Jan 2018 | Further amended in the electricity and chemical chapters. | Articles 3 and 5. |
| Decree on chemicals controlled under the Chemical Weapons Convention | 38/2014/ND-CP | Government | 06 May 2014 | Partially amended/repealed for scheduled chemicals, DOC/DOC-PSF and export/import licenses. | Articles 5–7. |
| Decree guiding the Law on Chemicals | 113/2017/ND-CP | Government | 09 Oct 2017 | Partially amended/repealed; includes controlled chemical lists and specialized management requirements. | Articles 8–9; chemical appendices. |
| Decree amending business conditions in international trade, chemicals, industrial explosives, fertilizers, gas and food | 77/2016/ND-CP | Government | 01 Jul 2016 | Amended/repealed and supplemented with food safety dossiers and related business conditions. | Articles 10–14. |
| Decree detailing the Law on Food Safety | 15/2018/ND-CP | Government | 02 Feb 2018 | Must be cross-checked when determining food establishments subject to or exempt from food safety certificates. | Article 12 is referenced. |
| Decree on gas business | 87/2018/ND-CP | Government | 15 Jun 2018 | Amended on certain gas business conditions. | Article 15. |
| Decree on alcohol business | 105/2017/ND-CP | Government | 14 Sep 2017 | Amended/repealed in several alcohol business conditions; adds a chapter on alcoholic beverages under 5.5% ABV. | Articles 16–17; Forms 14 and 15. |
| Decree on tobacco business | 67/2013/ND-CP | Government | 27 Jun 2013 | Partially amended/repealed regarding tobacco business conditions. | Articles 18–19. |
| Circulars/decisions/official letters for specialized management | By product group | MOIT/specialized authorities | To be reviewed case by case | Not fully determinable from the main Decree alone; cross-check against the actual goods, HS code, import purpose and licenses. | Further review required based on dossier/product group. |
VIEW / DOWNLOAD THE ORIGINAL DOCUMENT AND FULL TEXT
The full official Vietnamese text is embedded in one expandable block to keep the WordPress page clean. Enterprises should cross-check the signed PDF from the Government document portal before application.
CLICK TO VIEW THE FULL TEXT OF DECREE 17/2020/ND-CP
Priority official source: Government document portal. This English page is a reference translation for business understanding and is not an official legal translation.
Note: This page is prepared for business and logistics reference only. For a specific dossier, the Vietnamese original and the latest amendments/consolidated texts should be checked before application.

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