The decree mandates that foreign-invested economic organisations with export rights may export to international and separate customs areas goods purchased in Viet Nam, goods they have contracted for processing in Viet Nam, and goods lawfully imported into Viet Nam, subject to the following conditions: exported goods must not be included in the lists of goods banned from export, temporarily suspended from export, or not eligible for export under international treaties to which Viet Nam is a member. For goods subject to export licensing or other conditions, foreign-invested economic organisations must obtain the relevant licence or strictly adhere to the conditions prescribed by law.
Foreign-invested economic organisations with import rights may import goods from abroad and from separate customs areas into Viet Nam, subject to the following conditions: imported goods must not be included in the lists of goods banned from import, temporarily suspended from import, or not eligible for import under international treaties to which Viet Nam is a member. For goods subject to import licensing or other conditions, foreign-invested economic organisations must obtain the relevant licence or strictly adhere to the conditions prescribed by law.
The decree also mandates that foreign-invested economic organisations with wholesale or retail distribution rights may engage in the wholesale and retail of goods produced or processed in Viet Nam and goods lawfully imported into Viet Nam. For conditional business lines, foreign-invested economic organisations may conduct business activities only after strictly adhering to the conditions prescribed by law.
In addition, the decree sets out specific provisions on business licences granted to foreign-invested economic organisations, including the conditions, criteria, and grounds for granting such licences. Foreign investors from countries or territories that are parties to international treaties to which Viet Nam is a member and that contain market-opening commitments for goods trading and activities directly related to goods trading must satisfy the market access conditions under those treaties and may choose to apply them in accordance with investment laws, among other requirements.
Notably, under the decree, provincial-level People’s Committees where foreign-invested economic organisations have their headquarters are responsible for granting, reissuing, amending, and revoking business licences.
Licensing authorities will seek opinions from the Ministry of Public Security and the Ministry of National Defence on matters related to national security in certain specific cases, including where a foreign investor controls an economic organisation that operates an intermediary e-commerce platform, a social network engaged in e-commerce, or an integrated e-commerce platform classified as a large digital platform under laws on consumer protection and e-commerce.
