RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/40 
14 September 2005 
 (05-4017) 
Working Party on the  
Accession of Viet Nam Original:   English 
 
 
   
ACCESSION OF VIET NAM 
 
Questionnaire on Import Licensing Procedures
 
 
 The following submission is being circulated at the request of the Delegation of the Socialist Republic of Viet Nam.  
_______________ 
 WT/ACC/VNM/40 
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 In the context of WTO accession, Viet Nam has significantly reduced the coverage of import 
licensing as well as simplified the import licensing procedures in accordance with its WTO obligations.  The Government of Viet Nam w ould like to provide below its import licensing 
procedures, including the latest developments in  implementing WTO commitments, in the form of 
replies to the questionnaire on import licensing procedures. 
I. OUTLINE OF SYSTEMS 
1. Viet Nam’s objective is to keep import licen sing at the minimum and to fully observe the 
provisions of the WTO, in particular t hose provided for in the Agreement on Import 
Licensing Procedures. 
 The coverage of import licensing and other li censing details are regulated by Government’s 
Decree No. 46/2001/QD-TTg dated 4 April 2001 on import-export management for the 
2001-2005 period (for the non-TRQ goods), the Decision No. 91/2003/QD-TTg on 9 May 2003 as revised by the Decision 46/2005/QD-TTg on 3 March 2005 (for TRQ goods) and their implementing regulations. In a ddition, the Prime Minister’s Decision 
No. 41/2005/QD-TTg dated 2 March 2005 prom ulgating the Regulations on Licensing 
Procedures for Imported Goods has been enacted to  ensure the full compliance of Viet Nam’s 
regulations on import licensing procedures with the WTO respective provisions
1. 
 As a State management agency responsible for import-export policies, the Ministry of Trade 
is responsible for administering and coor dinating import licensing regulations.  Other 
agencies involve in the licensing are: Ministry of  Industry, Ministry of Agriculture and Rural 
Development, Ministry of Fisheries, Ministry of Culture and Information, Ministry of Health, 
Ministry of Posts and Telematics, and the State Bank of Viet Nam.   
II. PURPOSES AND COVERAGE OF LICENSING 
1. Identify each licensing system maintained and state what products, appropriately grouped, are 
covered. 
 Answer: Current licensing can be divided into two main categories as follows2:   
  (a) Line-management licensing (or non-TR Q licensing) in the form of automatic 
import licensing (for the product coverage , please see Table 1 in the Annex to 
this document)3; and 
  (b) Licensing associated with import tariff rate quota (TRQ) regime applicable to 
bird’s eggs, unmanufactured tobacco, sa lt and sugar (for th e detailed product 
coverage, please see Table 2 in th e Annex to this document).  
 2. The system applies to goods origin ating in and coming from which countries? 
 Answer: The system applies globally.  Traders are free to choose the source of goods without 
any limitation.  
                                                      
1 An English translation of this Decision has been submitted to the Working Party.  
2 The regime described here does not incl ude non-conventional importation that is not for commercial resale, such as 
importation of weapons and military equipmen t. In addition, there is a third categor y of licensing (i.e. discretionary licensin g 
that may amount to total prohibition) that is applied to the importation of sugar. However, Vi et Nam has committed to convert 
this measure to TRQ as from the date of accession.  
3 Some other line-management measures for SPS, TBT or technical purposes that are applied on NT basis in 
accordance with Government’s Decree No 46/2 001/QD-TTg dated 4 April 2001 and its implementing regulations are not 
considered as import licensing in the meaning of the WTO’s LIC Ag reement. Therefore, they are not notified in this document. 
However, the relevant information has been pr ovided in other Viet Nam’s accession documents.   WT/ACC/VNM/40 
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 3. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are its 
purposes?  Have alternative methods of accomplishing the purposes been considered and if so which?  Why have they not been adopted?  
 Answer: (a) Non-TRQ goods: Government’s Decree No. 46/2001/QD-TTg dated 
4 April 2001 on import-export management for the 2001-2005 period 
provides that line-management licensing shall not be used to restrict the 
quantity or value of imports.  Line-management licenses shall be used only for the purpose of protecting the enviro nment, national security, safety, heath, 
traditional cultural values or data collection; and 
  (b) TRQ goods: Licenses are applied to administer the implementation of tariff 
rate quotas.  They do not create trade barriers other than serving the purpose 
of the measures they administer. 
4. Cite the law, regulation and/or administrativ e order under which the licensing is maintained.  
Is the licensing statutorily required?  Does the legislation leave designation of products to be 
subjected to licensing to administrative discreti on?  Is it possible for the government (or the 
executive branch) to abolish the system without legislative approval? 
 Answer: The Vietnamese Government is comm itted to establishing and maintaining 
transparent, fair and non-discriminatory import licensing procedures that would not 
create barriers to trade other than the pu rposes for which the measure is established.  
  (i) Rules on licensing procedures: Prime Minister’s Decision No. 41 dated 
2 March 2005 promulgating the Regu lations on licensing for Imported 
Goods. 
  (ii) Detailed rules on c overage and administration: 
  (a) Non-quota goods: Government ’s Decree No 46/2001/QD-TTg dated 
4 April 2001 on import-export management for the 2001-2005 period as further elaborated in the following documents:  
  - Circular No. 11/2001/TT-BTM by Ministry of Trade dated 
18 April 2001; 
  - Circular No. 62/2001/TT-BNN by Ministry of Agriculture and Rural 
Development dated 5 June 2001;  
  - Decision No. 344/2001/Q Đ-BTS dated 2 May 2000 by Ministry of 
Fisheries; 
  - Decision No. 2033/1999/QD-BYT dated 09 July 1999 by Ministry of 
Health; 
  - Decision No. 3047/2001/QD-BYT dated 12 July 2001 by Ministry of 
Health; 
  - Decision No. 71/2004/QD-BYT dated 09 January 2004 by Ministry of 
Health; 
  - Circular No. 08/2001/TT-BCN date d 14 September2001 by Ministry of 
Industry; 
  - Circular  No. 20/2001/TT-BCN dated 14 September2001 by Ministry 
of Industry; 
  - Circular No. 02/2001/TT-TCBD  dated 25 April 2001 by General 
Department of Post and Telecommunication (now Ministry of Posts 
and Telematics); and 
  - Circular  No. 29/2001/TT-BVHTT dated 5 June 2001 by Ministry of 
Culture and Information. WT/ACC/VNM/40 
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   (b) For TRQ goods: the Prime Minister’s Decision No. 91/2003/QD-TTg 
on 9 May 2003 as revised by the Decision 46/2005/QD-TTg on 3 March 2005.  The licensing details are further elaborated in: 
  - Circular No. 04/2003/TT-BTM dated 10 July 2003 of Ministry of 
Trade;  
  - Circular No. 09/2003/TT-BTM dated 15 December 2003 of Ministry of 
Trade; and 
  - Circular No. 04/2005/TT-BTM dated 24 March 2005 of Ministry of 
Trade. 
  The management of import-export for a cer tain period, including the management of 
import licensing procedures, is rested within  the authority of the Prime Minister.  
III. PROCEDURES 
1. For products under restriction as to the quan tity or value of imports (whether applicable 
globally or to a limited number of countries or whether established bilaterally or unilaterally): 
 (a)  Is information published, and where, concerning allocation of quotas and 
formalities of filing applications for licen ces?  If not, how is it brought to the 
attention of possible importers?  Of gove rnments and export promotion bodies of 
exporting countries and their trade representatives?  Is the overall amount published?  The amount allocated to goods from each country?  The maximum amount allocated to each importer? 
 Answer:  Concerning TRQ goods:  
  Yes.  All regulations concerning tariff rate quotas, including the formalities of filing 
applications for licences, the application forms etc. are published in the above-mentioned legal documents.  These le gal documents are publicly available to 
all interested parties through the Govern ment Gazette and the website of the 
Ministry of Trade of Viet Nam.  
 (b)  How is the size of the quotas determined:  on a yearly, six-monthly or quarterly 
basis?  Are there cases wher e the size of quota is determined on a yearly basis but 
licences are issued for imports on a six-monthly or quarterly basis?  In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis? 
 Answer:  The sizes of tariff rate quotas are decided on yearly basis. Application for import 
licenses can be submitted at any time during the year. 
 (c)  Are licences allotted for certain goods partly or only to domestic producers of like 
goods?  What steps are taken to ensure that  licences allocated are actually used for 
imports?  Are unused allocati ons added to quotas for a succeeding period?  Are the 
names of importers to whom licences have been allocated made known to 
governments and export promotion bodies of  exporting countries upon request?  If 
not, for what reason?  (Indicate products to which replies relate.) 
 Answer:  Licences are allotted as follows: 
 - Unmanufactured tobacco: Quota is allocated to the businesses who are 
licensed by the Ministry of Industry to produce cigarettes and have the  WT/ACC/VNM/40 
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 demand on imported unmanufactured tobacco in consistence with the annual 
import plan (as approved by the Ministry of Industry) for their own production. General corporation(s) is/are  the designated focal point to receive 
quotas for the subsidiaries; 
 - Salt: Quota is allocated to companie s who use salt in their production as 
reported by the line-ministry administering the industry under consideration. 
General corporation(s) is/are the desi gnated focal point to receive quotas for 
the subsidiaries; 
 - Bird’s Eggs: Licenses are given to all traders who have the business 
registration certificate for the corresponding business; and 
 - Sugar: Allocation shall be in accord ance with Viet Nam’s terms of accession. 
  Regulations require that licensees mu st surrender unused amounts which are then 
reallocated to other eligible importers.  Unused allocations are not added to quotas 
for the following year.  The list of importe rs to whom licences have been allocated 
can be published.  
 (d)  From the time of announcing the opening of quotas, as indicated in I above, what is 
the period of time allowed for the subm ission of applications for licences? 
 Answer: From the time of announcing the opening of  quotas, a period of at least 21 days is 
allowed for the submission of applications for licences.  
 (e)  What are the minimum and maximum lengths of time for processing applications? 
 Answer:  Applications for licences are processed within thirty (30) days after import 
management agencies receive valid applica tions in cases licenses are granted on the 
first-come first-served basis.  In cases where import management agencies consider all applications simultaneously, the time limit for consideration thereof shall not 
exceed sixty (60) days starting from the announced deadline for submission.  
 (f)  How much time remains, at a minimu m, between the granting of licences and the 
date of opening of the period of importation? 
 Answer:  There is no provision concerning a minimum period between the granting of 
licenses and the date of opening of the period of importation.  In addition, 
Article 5.6 of the Prime Minister’s Decision No. 41 dated 2 March 2005 requires that the validity of a license should be r easonable so as to facilitate the importation 
(in case a minimum period is set in the future).   
 (g)  Is consideration of licence applications effected by a single administrative organ?  
Or must the application be passed on to other organs for visa, note or approval?  If so, which?  Does the importer have to approach more than one administrative 
organ? 
 Answer: The applicants for import licenses shall ha ve to approach only one agency in 
connection with an application (i.e. Ministry of Trade).  However, the applicants 
should have obtained appropria te license for producing cigarettes and certificate of 
consuming salt in production as applicable to unmanufactured tobacco and salt respectively.  
 (h)  If the demand for licences cannot be fully  satisfied, on what basis is the allocation 
to applicants made?  First come, first served?  Past performance?  Is there a 
maximum amount to be allocated per applicant and, if so, on what basis is it WT/ACC/VNM/40 
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 determined?  What provision is made for new importers?  Are applications 
examined simultaneously or on receipt? 
 Answer: Licences are issued on the basis of past perfo rmance (two recent years at most).  A 
portion of the quota is considered to be allocated to new importers. No maximum 
amount to be allocated per applicant is set.  
 (i)  In the case of bilateral quotas or expor t restraint arrangements where export permits 
are issued by exporting countries, are import licences also required?  If so, are licences issued automatically? 
 Answer: As an importing market, Viet Nam does not restrict any imports through bilateral 
quotas or export restraint arrangements.  
 (j)  In cases where imports are allowed on the basis of export permits only, how is the 
importing country informed of the effect given by the exporting countries to the understanding between the two countries? 
 Answer: Currently, export permits from exporting countries are not required.   
 (k)  Are there products for which licenc es are issued on condition that goods should be 
exported and not sold in the domestic market? 
 Answer: No. Licences are not issued on condition that goods should be exported and not 
sold in the domestic market.  
 2. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
 (a)  How far in advance of importation must  application for a licence be made?  Can 
licences be obtained within a shorter time-l imit or for goods arriving at the port 
without a licence (for example, owing to inadvertency)? 
 Answer: There is no provision regarding the timeframe for an application for a licence or 
whether licences can be obtained within a s horter time-limit or for goods arriving at 
the port without a licence.  
 (b)  Can a licence be granted immediately on request? 
 Answer: A licence can be granted immediately on request of eligible importers.  
 (c)  Are there any limitations as to the period of the year during which application for 
licence and/or importation may be made?  If so, explain. 
 Answer: There are no limitations as to the period of the year during which application for 
licence and/or importation may be made.   
 (d)  Is consideration of licence applications effected by a single administrative organ?  
Or must the application be passed on to other organs for visa, note or approval?  If so, which?  Does the importer have to approach more than one administrative 
organ? 
 Answer: An importer has to approach only one administrative organ in connection with an 
application (i.e. the licensing authority as indicated in the Annex).   WT/ACC/VNM/40 
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  3. Under what circumstances may an applicati on for a licence be refused other than failure to 
meet the ordinary criteria?  Are the reasons fo r any refusal given to the applicant?  Have 
applicants a right of appeal in the event of re fusal to issue a licence and, if so, to what bodies 
and under what procedures? 
 Answer: No.  The reasons for any refusal are given to the applicant in writing. Applicants 
have the right to appeal in the event of refusal to issue a licen ce in accordance with 
the applicable laws.   
IV. ELIGIBILITY OF IMPORTERS TO APPLY FOR LICENCE 
1. Are all persons, firms and institu tions eligible to apply for licences: 
 (a) under restrictive licensing systems? 
 (b) under non-restrictive systems?  
 
 If not, is there a system of registration of persons  or firms permitted to engage in importation?  
What persons or firms are eligible?  Is there a registration fee?  Is there a published list of authorized importers? 
 
 Answer: (a) For non-TRQ goods: Licenses are given to all traders who have been 
registered as the traders of the corresponding goods. 
 (b) For TRQ goods: Licenses are given to a ll traders who have been registered as 
the traders of the corresponding go ods, except for unmanufactured tobacco 
and salt. 
  Unmanufactured tobacco: licenses are only given to businesses licensed by 
the Ministry of Industry to produce cigarettes.  
   Salt: Quota is allocated to companies who use salt in their production. 
VI. DOCUMENTATION AND OTHER REQUIREMENTS FOR APPLICATION FOR 
LICENCE 
1. What information is required in applications?  Submit a sample  form.  What documents is the 
importer required to supply with the application? 
 Answer: (a) For non-TRQ goods: an importer is required to present a valid application 
form together with a certified copy of its Business Registration Certificate. The type of information required in an application form and the necessary documents to be attached to it varies among different sectors.  However, it is 
provided that application form be simple and clear, and requires only 
necessary information
4.   
(b) For TRQ goods: an importer is required to present a valid application form. 
The application form is provided in Circular No. 09/2003/TT-BTM dated 15 December 2003 of Ministry of Trade and include in formation on the 
name and address of the applicant, customs codes, factory location and 
                                                     
 
4 Decision No. 41 dated 2 March, 2005, Article 3.2.b: "…The required content of the application for 
import licenses should be specified in a clear and simple manner." WT/ACC/VNM/40 
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 capacity and some other basic information. Other accompanying documents 
are: 
   - A certified copy of its Business Registration Certificate; 
 - A copy of the licence to pro duce cigarettes as certified by the 
Director of the company (as appli cable to unmanufactured tobacco); 
and 
 - A copy of a document confirming the businesses’ use of salt in their 
production as certified by the Director of the company (as applicable to salt). 
2. What documents are required upon actual importation? 
 Answer: Upon actual importation, for the purpose of customs clearance, importers are 
required to submit the approved import licence or a copy thereof.  
3. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee or 
charge? 
 Answer:  Currently, there is no licensing fee or administrative charge.  
4. Is there any deposit or advance payment requirement associated with the issue of licences?  If 
so, state the amount or rate, whether it is refund able, the period of retention and the purpose of 
the requirement. 
 Answer:  There is no deposit or advance payment requi rement associated with the issuance of 
licences described herein.  
VII. CONDITIONS OF LICENSING 
1. What is the period of validity of a licence?  Can the validity of a licence be extended?  How? 
 Answer:  There is no concrete provision on the validity period of a licence from the date of 
issue.  They are normally given upon the demand of the applicants. However, licenses are often valid until 31 December of  the year in which licenses are issued 
unless it is unreasonable to do so. It shall be noted that Article 5.6 of the Prime 
Minister’s Decision No. 41 dated 2 Marc h 2005 requires that the validity of a 
license should be reasonable so as to fac ilitate the importation (in case a validity 
period is given).  The validity period of a license can be extended in justifiable cases .   
2. Is there any penalty for the non-utilizatio n of a licence or a portion of a licence? 
 Answer:  There is no penalty for the non-utilization of a licence or a portion of it.   
3. Are licences transferable between importers?  If  so, are any limitations or conditions attached to 
such transfer? 
 Answer:  No.  Licences are not transferable among importers.  
4. Are any other conditions attach ed to the issue of a licence: 
 (a) for products subject to quantitative restriction? 
 (b) for products not subject to quantitative restriction?  WT/ACC/VNM/40 
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  Answer:  There are no other conditions attach ed to the issuance of a licence.  
VIII. OTHER PROCEDURAL REQUIREMENTS 
1. Are there any other administrative procedures, apart from import licensing and similar 
administrative procedures, required prior to importation? 
 Answer:  No. 
2. Is foreign exchange automatically provided  by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licences i ssued?  What formalities must be fulfilled for 
obtaining the foreign exchange? 
 Answer: Foreign exchange is provided for goods to be imported without any restrictions or 
further formalities. Article 3.2.c of the Prime Minister’s Decision No. 41 dated 
2 March 2005 stipulates that "The licensed importation of goods and the importation of goods in general shall have equal access to exchanges ..." WT/ACC/VNM/40 
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 ANNEX 
 
Table 1: Products subject to automatic licensing 
 
Item Products HS Licensing Agency Note 
1 Plants and animal gene sources; 
micro-organisms for scientific and 
technical research and exchange 
purposes N.A The Ministry of 
Agriculture and 
Rural Development GATT Article XX.b 
2 Postage stamps, stamp publications 
and items of postage stamps . 49070020, 9704 The Ministry of Post 
and Telematics. Natural monopoly 
3 Radio transceivers of 9 KHz-400 
KHz frequency band and 60 Mw or 
more capacity . ex 8525 The Ministry of Post 
and Telematics. GATT 
Article XXI.b.(ii) 
4 Radar equipment, radio support 
equipment and radio remote control equipment .  ex 8526 The Ministry of Post 
and Telematics. GATT 
Article XXI.b.(ii) 
5 Publications of different types 
(books, newspapers, magazines, 
pictures, photos, calendars etc.) 4901 
4902 Ministry of Culture 
and Information. GATT Article XX.a 
 
6 Cinematic works and other audio-
visual products recorded on any 
materials 8524 Ministry of Culture 
and Information. GATT Article XX.a 
 
7 Special print proof making systems 
and type setting systems of printing industry (scanners, colour analysers, 
film developing and enlarging 
machines, sample making devices) . 8442 Ministry of Culture 
and Information. GATT Article XX.a 
 
8 Offset printers, flexo printers, 
bronze drum printers, heat 
processing printers, ink pad printers and colour laser printers . 8443 Ministry of Culture 
and Information. GATT Article XX.a 
 
9 Addictive substances, sedative 
substances, pre-substances 
(including final medicines). 3004 Ministry of Health GATT Article XX.b 
10 Finally tested medicines for human 
beings, which have not been 
registered 3004 Ministry of Health GATT Article XX.b 
11 Vaccines and vaccination-related 
biological products 3002 Ministry of Health GATT Article XX.b 
12 Medical equipment which may 
directly affect the health of human 
beings ex 9019, 
ex 9020 Ministry of Health GATT Article XX.b 
13 Specialized cars for carrying m oney ex 8704 The State Bank of 
Viet Nam Government 
procurement and monetary security
5. 
14 Multi-functional devices for 
counting, classifying, bundling and 
shredding money ex 8472 The State Bank of 
Viet Nam Government 
procurement and 
monetary security 
15 Treasury doors ex 7308  The State Bank of 
Viet Nam Government 
procurement and 
monetary security 
                                                      
5 According to GATS - Annex on Financial Services, pa ragraph 1.b(i), importation for the activities solely 
conducted by the State Bank in pursuit of monetary security policy, which are not considered as services governed by 
GATS.  WT/ACC/VNM/40 
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 16 Papers for printing money ex 4802 The State Bank of 
Viet Nam Government 
procurement and monetary security 
17 Inks for printing money ex 3215 The State Bank of 
Viet Nam Government 
procurement and 
monetary security 
18 Machines for printing hard-to-forge 
money, payment vouchers, 
certificates and other valuable papers to be issued and managed by 
the banking industry N.A The State Bank of 
Viet Nam Government 
procurement and 
monetary security 
19 Money printers (technical 
specifications announced by the State Bank) ex 8443 The State Bank of 
Viet Nam Government 
procurement and monetary security 
20 Machines for molding and pressing 
metal money (technical 
specifications announced by the State Bank) ex 8462 The State Bank of 
Viet Nam Government 
procurement and 
monetary security 
 
 
Table 2: Products subject to tariff rate quotas6 
 
Item Products HS Licensing Agency Note 
1 Birds’ eggs 0407 MOT  
2 Cane or beet sugar and chemically 
pure sucrose, in solid form 1701 MOT To be applied upon 
accession in 
accordance with 
Viet Nam’s TRQ Offer 
3 Unmanufactured tobacco 2401 MOT  
4 Salt 2501 MOT  
 
__________ 
 
 
                                                      
6 More details are described in Viet  Nam’s Tariff Rate Quota Offer.