Tiếng Việt
中文 (中国)
Decree 69/2018/ND-CP: Foreign Trade Management Rules and Operational Notes for Import-Export Companies
Decree 69/2018/ND-CP is a core regulation for screening prohibited goods, licensed goods, conditional goods, CFS, temporary import for re-export, transit, processing and trader responsibility. Incorrect screening at product-policy level may cause customs delays, licence supplementation, storage costs or post-clearance exposure. This article places the regulation in the practical context of import-export operations, clarifying its scope, affected parties, and the checks required before it is relied on for a shipment dossier. Before implementation, businesses should verify the effective date, amendments, and relevant official guidance applicable to the transaction, while retaining the source and document version used for later explanation or audit.
QUICK SUMMARY
15 May 2018 is the issue/effective date according to the National Legal Database.
Export/import, temporary import for re-export, merchanting, transit, processing and CFS.
Check HS, product name, function, appendices, licences/conditions and documents before ETA/ETD.
Translation note: This English version is for operational reference only and is not an official legal translation.
DOCUMENT INFORMATION
| Field | Content |
|---|---|
| Document title | Decree No. 69/2018/ND-CP detailing a number of articles of the Law on Foreign Trade Management. |
| Document number | 69/2018/ND-CP |
| Issuing authority | Government of Vietnam |
| Date of issuance | 15 May 2018 |
| Effective date | 15 May 2018 according to the National Legal Database; users should re-check the effective status at the time of application. |
| Legal status | Marked as in force in the National Legal Database at the time of review; consolidated versions and implementing circulars should still be checked. |
| Signatory | Nguyen Xuan Phuc |
| Scope | Export/import, temporary import for re-export, temporary export for re-import, merchanting, transit, processing, agency activities, import/export entrustment, CFS, and disputes over foreign trade management measures. |
| Subjects | State authorities, traders engaged in foreign trade, and related domestic or foreign organizations/individuals. |
KEY POINTS TO REVIEW
The following table extracts operational issues relevant to import-export, customs filing and document control.
| Provision group | Operational meaning |
|---|---|
| Article 3 – Trading rights | Vietnamese traders may conduct export and import business except for goods subject to prohibitions, suspension, licensing or specific conditions. |
| Article 4 – Export/import procedures | Classifies goods into licensing, conditional, specialized inspection, and ordinary customs-only procedures. |
| Article 5 – Prohibited goods | Prohibited export/import goods are listed in Appendix I; competent ministries publish detailed lists with HS codes. |
| Article 7 – Licensed/conditional goods | Licensed and conditional export/import goods are listed in Appendix III; companies must check HS code, function and relevant ministry requirements. |
| Article 8 – Specially regulated goods | Covers special goods such as national defence/security goods, goods affecting defence/security, timber from bordering countries, and used machinery/equipment/production lines. |
| Article 9 – Licensing dossier | Basic dossier includes an application, business/investment registration copy and relevant documents; supplementation notice within 3 working days and normal response within up to 10 working days unless otherwise provided. |
| Articles 10-11 – CFS | Regulates Certificate of Free Sale for imported/exported goods, minimum data on CFS and consular legalization when required. |
| Articles 12-34 – Temporary import/re-export and merchanting | Sets rules for temporary import for re-export, merchanting and conditional business for frozen food, excise-tax goods and used goods. |
| Article 35 – Goods in transit | Weapons/explosives/support tools or prohibited/suspended goods require special approval or licensing; other goods follow customs procedures. |
| Articles 39-44 – Processing | Covers processing contracts, norms, parties’ rights/obligations, transfer of processed products and notification/liquidation/finalization with customs. |
| Articles 71-72 – Trader responsibility and transition | Traders are responsible for the truthfulness of submitted documents and information; transition rules apply to prior Prime Minister decisions. |
AFFECTED PARTIES / GOODS
| Affected group | Review focus |
|---|---|
| Importers / Exporters | Need to screen prohibited goods, licences, conditions, CFS, temporary import/re-export, transit or processing requirements before locking contracts and documents. |
| EPE / FDI / factories | Should pay attention to processing, borrowed/leased machinery, norms, finalization, scraps/wastes and designated delivery. |
| Trading companies / distributors | Need to check trading rights, sectoral licences, circulation conditions, CFS, labels and origin-supporting documents. |
| Logistics providers / customs brokers | Must identify product policy before customs declaration to avoid treating a controlled product as an ordinary item. |
| Higher-risk goods | Prohibited goods, licensed/conditional goods, used goods, temporary import/re-export goods, defence/security-related goods, frozen food, excise goods, CFS goods and processing goods. |
IMPACT ON IMPORT-EXPORT / LOGISTICS OPERATIONS
| Operational stage | Control point |
|---|---|
| Customs declaration | Goods description, HS code, product policy, customs regime and sectoral documents must be aligned before declaration. |
| Commercial documents | Invoice, packing list, B/L/AWB, contract, PO, catalogue/datasheet, C/O, CFS or licence should match in name, model, quantity, origin and function. |
| Shipment timeline | If licences, CFS or sectoral documents are identified after ETA, storage/demurrage, channel change or extra explanation may arise. |
| Post-clearance compliance | Keep shipment-level files, licences, CFS, processing records, finalization data, re-export/merchanting evidence as applicable. |
| Cost control | Do not assume official charges without basis; practical cost may arise from testing, licensing, consular legalization, storage and document correction. |
PRE-ETA/ETD CHECKLIST
| No. | Check item | Operational note |
|---|---|---|
| 01 | Identify product name, proposed HS code, function, model and new/used condition | Avoid generic description that leads to wrong product policy. |
| 02 | Check Appendices I-IX of Decree 69/2018/ND-CP | Determine prohibition, licensing, conditions, CFS or temporary import/re-export requirements. |
| 03 | Check sectoral regulations by the competent ministry | MOIT, MOH, MARD/MONRE, MOST, MIC, MOD/MPS depending on the goods. |
| 04 | Check invoice, packing list, B/L/AWB, contract, catalogue/datasheet and C/O/CFS | Data must be consistent before ETA/ETD. |
| 05 | Confirm customs regime: import for business, processing, temporary import/re-export, merchanting, transit, temporary export/re-import | Each regime has different documents and timing. |
| 06 | Build a document timeline before shipment movement | Reduce risks of late licensing, supplementation, storage and channel change. |
RELATED LEGAL DOCUMENTS TO REVIEW
| Document group | Title/number | Issuing authority | Effective timing | Role | Review note |
|---|---|---|---|---|---|
| Law | Law on Foreign Trade Management 05/2017/QH14 | National Assembly | Issued 12 Jun 2017; effective 01 Jan 2018 | Primary law on foreign trade management measures and dispute handling. | Check provisions on licences and specialized inspection. |
| Law | Commercial Law 36/2005/QH11 | National Assembly | Issued 14 Jun 2005; effective 01 Jan 2006 | General legal basis for trading, agency, entrustment and processing activities. | Relevant for contracts and commercial obligations. |
| Decree | Decree 69/2018/ND-CP | Government | Issued/effective 15 May 2018 | Main document detailing the Law on Foreign Trade Management. | Check chapters and appendices according to the actual product. |
| Circular | Circular 12/2018/TT-BCT | Ministry of Industry and Trade | Issued/effective 15 Jun 2018 | Implements several provisions of the Law and Decree 69. | Check MOIT forms, licensing authorities and tariff quota procedures. |
| Consolidated document | Consolidated Document 24/VBHN-BCT | Ministry of Industry and Trade | Issued 30 Mar 2026 | Consolidates circular-level guidance for the Law and Decree 69. | Useful for updated operational review; not a substitute for source documents when legal citation is required. |
| Decision | Decision 18/2019/QD-TTg | Prime Minister | Issued 19 Apr 2019 | Relevant to import of used machinery/equipment/production lines under Article 8. | Apply only where goods are used machinery/equipment/lines. |
| Sectoral rules | Sectoral circulars, QCVN/TCVN and lists | Relevant ministries | Check at time of shipment | Determine licences, conditions, inspection, food safety, quarantine, cryptography/security, energy, labelling. | Do not conclude only from Decree 69 if sector-specific rules apply. |
VIEW / DOWNLOAD ORIGINAL DOCUMENT
Companies should verify official sources before using the content for a real shipment dossier.
FULL LEGAL TEXT – ORIGINAL PDF PREVIEW
The signed PDF of Decree 69/2018/ND-CP has 89 pages and multiple appendices/lists. Under the content form, the article embeds the official PDF preview for complete review.
Primary official sources: Government Legal Document Portal and the National Legal Database. Because the signed PDF has 89 pages and multiple appendices/lists, this article embeds the full PDF preview for operational checking; the HTML/DOC text reference is not a substitute for the signed PDF.
FAQ
1. When did Decree 69/2018/ND-CP take effect?
The National Legal Database records the effective date as 15 May 2018. Companies should still check consolidated and implementing documents at the time of filing.
2. Does this Decree change HS codes or import duty rates?
It is not a tariff schedule. However, HS codes are critical because several controlled lists must be detailed by HS code.
3. Does an ordinary shipment need an import licence?
This cannot be concluded from trade name alone. Article 4 requires screening against licensing, conditions and specialized inspection before treating goods as customs-only goods.
4. What is CFS under this Decree?
CFS means Certificate of Free Sale. Articles 10 and 11 set out basic rules for CFS for imported and exported goods.
5. What should be checked for temporary import for re-export?
Check product group, business conditions, temporary import/re-export code, border gate, retention period and re-export obligation.
6. Must processing contracts be notified to customs?
Article 44 requires notification of processing contracts before implementation and liquidation/finalization when they end.
7. Does it apply to used goods?
Yes, several provisions concern used goods. Used machinery/equipment should also be checked under Decision 18/2019/QD-TTg and sectoral rules.
8. Which sources should be checked before finalizing documents?
Government Legal Document Portal, National Legal Database, Official Gazette, MOIT website and sectoral ministry regulations.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
Send us the product name, shipping route, current dossier, or implementation request in advance so we can suggest a suitable approach that is practical, focused, and aligned with your shipment.
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