G/LIC/Q/VNM/7  
 
2 October 2017 
(17-5242) Page: 1/3 
Committee on Import Licensing  Original: English  
 
 IMPORT LICENSING SYSTEM OF VIET NAM  
REPLIES  FROM VIET NAM  TO QUESTIONS FROM THE UNITED STATES   
(G/LIC/Q/VNM/5 AND G /LIC/Q/VNM/6)  
The following communication, dated 26 September 2017 , is being circulated at the request of the 
delegation of Viet Nam . 
 
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This communication responds to the document s dated 27 February 2014 and 13 April 2015, 
submitting "Questions from the United States to Viet Nam" regarding Viet Nam’s Import Licensing 
Procedures.  
 
1. Is the suspension of import licensing p rocedures referred to in paragraph 3.42 of Viet 
Nam’s TPR report still in place? If so, how much longer will the suspension be in place?  
If not, when was the suspension lifted?  
 
The suspension of automatic import licensing procedures for some commodities under the 
Circular  27/2012/TT -BCT is still valid. Till now, there are no alternative legal documents. Viet Nam 
will notify the WTO when the government has a plan for lifting this suspension.  
 
2. What are the current import licensing requirements for all t he products listed in Viet 
Nam’s first notification under Article 7.3 (G/LIC/N/3/VNM /1; 12 May 2011) that are not 
listed in Viet Nam’s second notification under Article 7.3 (G/LIC/N/3/VNM /2; 26 
September 2014)?  
 
Automatic import licensing requirements for  all products listed in the first notification of Viet Nam 
pursuant to Article 7.3 (G/LIC/N/3/VNM /1 dated 12 May 2011) which were not listed in the second 
notification of Viet Nam pursuant to Article 7.3 (G/LIC/N/3/VNM /2 dated 26 September 2014) are 
no lon ger in effect in accordance with the Circular No. 27/2012 /TT -BCT. 
 
3. What products are currently subject to import licensing procedures in Viet Nam 
(whether suspended or not)?  Please describe the role of Decree No. 187/2013/ND -CP 
of 20  November  2013, an d Appendix II in particular, in the context of Viet Nam’s import 
licensing regime.  What are the legal measures that have been issued implementing 
Decree No. 187 that provide: (a) the list of goods which normally may be imported; (b) 
the list of goods subj ect to conditional import; and, (c) if different, the list of goods 
covered by automatic import permits.  
 
The Decree No.187/2013/ND -CP is issued to replace the Decree No.12/2006/ ND-CP, regulating:  
 
-  The right to import and export; import and export proce dures; commodities prohibited from 
export or import; and responsibilities, management authority of, as well as coordination 
mechanism between competent authorities in the fields of import and export of goods.  
 
-  Specialized management principles for goods  subject to specialized management by each 
relevant Ministry; and regulations on export and import goods subject to quarantine, food 
safety inspection, quality controls and other border -gate regulations.  
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  -  The list of goods prohibited from export and import; and list of goods exported or imported 
under license and subject to specialized management.  
Accordingly, in principle, except for goods on the list of goods prohibited from export or suspended 
from export and the list of goods prohibited from impor t or temporary suspended from import 
promulgated in this Decree and other legal documents, enterprises are allowed to export and 
import goods regardless of their registered business sectors.  
 
For the list of goods subject to automatic import licensing, Vie t Nam currently only applies 
automatic import licensing for some steel products (as stipulated in the Circular No. 12/2015/TT) 
and motorcycles with a cylinder capacity of 175 cm3 or more (as sti pulated in the Circular 
No. 04/VBHN -BCT dated 23 January  2014) . 
 
4. When will Viet Nam provide a complete Article 7.3 notification covering 2014?  
 
Viet Nam is in the process of preparing the contents of the Notification on Import Licensing 2014. 
Viet Nam will try to send this Notification to the WTO soon.  
 
5. When wi ll Viet Nam notify the “DECREE ON WINE PRODUCTION AND WINE TRADING,” 
No. 94/2012/ND -CP, Hanoi, 12 November 2012, to the Import Licensing Committee in 
accordance with Articles 1.4, 5, and 8.2 of the WTO Agreement on Import Licensing 
Procedures?  
 
Currently, Viet Nam is in the process of drafting a new d ecree to replace the Decree 
No. 94/2012/ ND-CP with a view to creating more favo urable condi tions for alcohol traders. 
Viet Nam notified this draft to the WTO in the document G/TBT /N/VNM/19/Add.2 dated 
26 August  2016. In addition, this draft has been posted on the official website of Ministry of 
Industry and Trade for public comments.  
 
6. Please describe how Viet Nam’s licensing regime fulfils the requirements of Article 3 
of the Import Licensing Procedures Agree ment.  
 
The Decree No. 94/2012/ ND-CP does not provide any regulation on the import licensing of alcohol 
products. Eligible enterprises for alcohol trading are allowed to import such products without any 
quantitative restrictions.  
 
7. Please describe how the  three types of licenses -- how they are processed, 
distributed, and administered -- fulfil the requirements of Article 1.2 of the Import 
Licensing Procedures Agreement.  Please also explain how the requirements imposed on 
importers accord with the nationa l treatment provisions of the GATT 1994.  
 
Three types of licenses relating to alcohol products are granted and managed on the basis of 
transpar ency and non -discrimination in order to create a sound business environment and protect 
consumers’ health. These three types of licenses are not import licenses.   
 
8. For what purpose are import licenses required?  For what purpose are licenses 
required as well at the wholesale and retail level?  Which GATT 1994 article allows Viet 
Nam to establish a quota in the fir st place?  
 
9. What is the underlying reason for limiting the quantity of wine distribution, wine 
wholesaling and wine retailing based on population?  How is “population” defined?  
 
10. Why are the import -licensing rules for small -scale production of “wine” different 
from any other kind of production for sale?  
 
11. Why is each trader issued only one kind of license for wine trading?  
 
Answers for question 8, 9, 10 and 11 together:  
  
Alcohol is a special product. If abused, it may affect people’s health, social security and traffic 
safety. Based on the above facts and recommendations of the World Health Organization (WHO), 
the Government of Viet Nam regulates that alcohol business is c onditional business and alcohol 
consumption is not encouraged in Viet Nam. Therefore, Viet Nam sets out conditions to alcohol G/LIC/Q/VNM/7  
 
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  producers and traders in line with public policy objectives and r ecommendations of the WHO. 
Viet Nam does not regulate any quantit ative restrictions on importation of alcohol, however, 
alcohol producers and traders must meet certain necessary criteria. These rules are applied to 
both domestic and foreign enterprises without any discrimination.  
 
However, Viet Nam always wishes to cont inue improving its management policies in order to both 
meet public policy objectives and create favo urable conditions for legitimate production and 
business activities. Therefore, the Government of Viet Nam has decided to develop a new decree 
to replace the Decree No. 94/2012/ ND-CP. In the process of drafting this new decree, Viet Nam 
will continue to consult with interested stakeholders.  
 
12. How will Viet Nam structure its licensing procedures to ensure that new entrants will 
be allowed access to the ma rket?  
 
The provisions on the alcohol production and trading in the De cree No. 94/2012/ ND-CP dated 
12 November 2012 are applied on equal treatment basis between domestic and foreign enterprises 
without any exception. The management objectives are set out to  meet special requirements of 
alcohol products, and at the same time create favo urable conditions for new and potential traders 
to be developed in the alcohol market and ensure a stability of the exiting alcohol market.  
 
13. Where are the fees for each win e license, as prescribed by the Ministry of Finance, 
published?  
 
The organizations and individuals engaged in the alcohol trading activities must submit application 
to be granted the alcohol trading licenses. Traders must pay fee for evaluation of such app lication 
according to the guidance of Ministry of Finance in the Circular No. 77/2012/TT -BTC dated 
16 May 2012, which is currently replaced by the Circular No. 168/2016/TT -BTC regulating the 
rates, the regime of collection, remittance, management and use o f charges for business appraisal 
of goods and services subject to business restriction. These rates are in line with the cost of 
services rendered.  
 
 
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