Circular No. 34/2013/TT-BCT announces the implementation schedule for the rights of export, import, and distribution of goods of foreign-invested enterprises in Vietnam according to the WTO commitments. This Circular takes effect from February 5, 2014.
Scope of application
Foreign-invested enterprises in Vietnam
Key points
- Foreign-invested enterprises are entitled to carry out the rights of export, import, and distribution of goods not listed in this Circular.
- The list of goods that are not allowed to be exported, imported, and distributed is detailed in Appendix 01, Appendix 02, and Appendix 03 of this Circular.
- The classification of goods mentioned in Appendix 01 and Appendix 02 is carried out according to the List of Goods for Import and Export of Vietnam issued together with Circular No. 156/2011/TT-BTC.
- This Circular takes effect from February 5, 2014, and replaces Decision No. 10/2007/QĐ-BTM.
- Enterprises must comply with the provisions of this Circular and other relevant current laws and regulations.
🌐 Social impact of this document
- Positive impact: Facilitates foreign-invested enterprises in carrying out the rights of export, import, and distribution of goods.
- Negative impact: May cause difficulties for some enterprises when they have to comply with the regulations on the list of goods not permitted for export, import, and distribution.
❓ Frequently asked questions
What types of goods can foreign-invested enterprises exercise the rights of export, import, and distribution over?
Foreign-invested enterprises are entitled to carry out the rights of export, import, and distribution of goods not listed in this Circular.
What does the list of goods not allowed to be exported, imported, and distributed include?
This list includes crude oil, tobacco products, books and newspapers, precious metals, etc. (see Appendix 01, Appendix 02, and Appendix 03 of this Circular).
According to which regulation is the classification of goods mentioned in the Appendices carried out?
The classification of goods mentioned in Appendix 01 and Appendix 02 is carried out according to the List of Goods for Import and Export of Vietnam issued together with Circular No. 156/2011/TT-BTC.
When does this Circular take effect?
This Circular takes effect from February 5, 2014.
Which legal document does this Circular replace?
This Circular replaces Decision No. 10/2007/QĐ-BTM announcing the implementation schedule for trading activities and related activities directly to trading.
Full text
CIRCULAR
Announcing the implementation schedule for trading activities and related activities directly associated with trading activities of foreign-invested enterprises in Vietnam
______________________
On the basis of Decree nNo. 95/2012/NĐ-CP dated November 12, 2012 of the Government on the functions, tasks, organizational structure of the Ministry of Industry and Trade;onand usage structure 71/2006/QH11 of the National Assembly dated November 29, 2006 approving the Protocol on Accession to the World Trade Organization (WTO) of the Socialist Republic of Vietnam;
Pursuant to ResolutionNo. 23/2007/NĐ-CP dated February 12, 2007 of the Government detailing the Law on Commerce regarding trading activities and related activities directly associated with trading activities of foreign-invested enterprises in Vietnam;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing the provisions of the Investment Law;
Pursuant to DecreeNo. planning;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Minister of Industry and Trade issues this Circular announcing the implementation schedule for trading activities and related activities directly associated with trading activities of foreign-invested enterprises in VietnamCoat This Circular announces the implementation schedule and regulations for the commitments of Vietnam in the World Trade Organization (WTO) regarding trading activities and related activities directly associated with trading activities of foreign-invested enterprises in Vietnam.
Pursuant to DecreeNo. Article 2. Exercise of export rights, import rights, and distribution rights of foreign-invested enterprises in VietnamANNEX I.A[31] c) Records of chemicals in laboratories; Safety data sheets;FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on PublishingANNEX I.A[31] Pursuant to Decree No. 11/2020/NĐ-CP dated October 15, 2020 of the Government detailing implementation of certain provisions and measures for organizing the implementation of the Law on Petitions;No. 1. Foreign-invested enterprises in Vietnam may exercise export rights for goods not listed in Appendix No. 01 of this Circular.ầ2. Foreign-invested enterprises in Vietnam may exercise import rights for goods not listed in Appendix No. 02 of this Circular.
At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Highway Administration;policies 3. Foreign-invested enterprises in Vietnam may exercise distribution rights for goods not listed in Appendix No. 03 of this Circular.
4. The exercise of export rights, import rights, and distribution rights by foreign-invested enterprises in Vietnam must comply with the provisions of this Circular and other relevant current legal regulations.No. Article 3. Principles for using the list of goodsAt the request of the Inspectorate of the5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.policies1. The classification of goods specified in Appendices No. 01 and No. 02 of this Circular shall be carried out according to the List of Goods for Import and Export of Vietnam issued together with Circular No. 156/2011/TT-BTC dated November 14, 2011 of the Ministry of Finance.,
Article 1. Scope of Regulation
2. In case Circular No. 156/2011/TT-BTC dated November 14, 2011 of the Ministry of Finance is amended, supplemented, or replaced, it shall be implemented according to the corresponding amendment, supplementation, or replacement provisions.
1. This Circular takes effect from February 5, 2014. This Circular applies to all cases that have not been granted permission or have not been amended, supplemented, or renewed up to the date this Circular comes into effect.
2. This Circular replaces Decision No. 10/2007/QĐ-BTM dated May 21, 2007 of the Ministry of Trade announcing the implementation schedule for trading activities and related activities directly associated with trading activities./.
SHALL NOT EXERCISE EXPORT RIGHTS
(Annexed to Circular No. 34/2013/TT-BCT dated December 24, 2013 of the Ministry of Industry and Trade)
- Crude oil
SHALL NOT EXERCISE IMPORT RIGHTS
- Cigars, cigarillos, and small cigars made from tobacco leaves
Article 4. Effective date
- Cigarettes made from tobacco leaves:
- - Beedies
|
DEPUTY MINISTER
Ho Thi Kim Thoa |
Appendix No. 01
LIST OF GOODS - - Cigarettes containing cloves
- - Cigars, cigarillos, and small cigars made from substitute tobacco materials
|
Harmonized System code |
Description of Goods |
|
Crude petroleum oils and other oils obtained from bituminous minerals, unworked |
|
|
2709.00. 10 |
- - Cigarettes made from substitute tobacco materials |
|
2709.00. 20 |
- Condensate |
|
2709.00. 90 |
- Other |
Appendix No. 02
LIST OF GOODS Processed tobacco leaves and other processed tobacco substitutes; reconstituted tobacco or reconstituted tobacco blends; extracts and essences of tobacco leaves.
- - Cigars, cigarillos, and small cigars made from substitute tobacco materials
|
Harmonized System code |
Description of Goods |
|
- Tobacco leaves for smoking, with or without tobacco substitutes at any ratio |
|
|
2402.10.00 |
- - Water pipe tobacco, detailed in Note 1 to Chapter 24 of this Circular |
|
2402.20 |
- - - Packaged for retail sale: |
|
2402.20.10 |
- - - - Ang Hoon |
|
2402.20.20 |
- - - Other processed tobacco leaves for cigarette production |
|
2402.20.90 |
- Paddy: |
|
2402.90 |
|
|
2402.90.10 |
Mineral oils and oils obtained from bituminous minerals, other than crude oil; undetailed or unspecified preparations containing 70% or more by weight of mineral oils or oils obtained from bituminous minerals, which are the basic components of such preparations; waste oils. |
|
2402.90.20 |
- - Motor gasoline: |
|
- - - RON 97 and higher, leaded |
|
|
2403 |
- - - - RON 97 and higher, unleaded |
|
2403.11.00 |
- - - - RON 90 and higher but below RON 97, leaded |
|
2403.19 |
- - - Other |
|
- - - - RON 90 and higher but below RON 97, unleaded |
|
|
2403.19.11 |
- - - - Other types, leaded |
|
2403.19.19 |
- - - - Other |
|
2403.19.20 |
- - - - Other types, unleaded |
|
2403.19.90 |
- - Of chickens of the species Gallus domesticus |
|
- - Aviation gasoline, except those used as jet fuel |
|
|
2710.12 |
- - Light oils and products derived therefrom: |
|
- - Tetrapropylene |
|
|
2710.12.11 |
- - Other alpha-olefins |
|
2710.12.12 |
- - Lubricating oils: |
|
2710.12.13 |
- - Brake fluid |
|
2710.12.14 |
- - Transformer oil and other insulating oils |
|
2710.12.15 |
- - Aircraft engine fuels (jet fuels) with flash points of 23°C or higher |
|
2710.12.16 |
- - Aircraft engine fuels (jet fuels) with flash points below 23°C |
|
2710.12.20 |
Newspapers, periodicals, and other regular publications, with or without illustrations or containing advertising content. |
|
2710.12.30 |
- Published at least four times a week |
|
2710.12.40 |
- - - White spirit |
|
2710.12.50 |
- - - Solvent having less than 1% by weight of aromatic hydrocarbons |
|
2710.12.60 |
- - - Other light solvents |
|
2710.12.70 |
- - - Naphtha, reformate and other products for blending motor gasoline |
|
2710.12.80 |
- - Educational, technical, scientific, historical, or cultural periodicals and publications |
|
2710.12.90 |
- - Of chickens of the species Gallus domesticus |
|
2710.19 |
- - - Other |
|
2710.19.20 |
- - - Crude oil, naphthas and other light oils, having been subjected to distillation |
|
2710.19.30 |
- - - Raw materials for the production of coke |
|
Discs, tapes, and other recorded information storage media, including molds and masters for producing tapes, discs... |
|
|
2710.19.41 |
- - - - Refined mineral oils for the manufacture of lubricating oils |
|
2710.19.42 |
- - - - Lubricating oils for aircraft engines |
|
2710.19.43 |
- - - - Other lubricating oils |
|
2710.19.44 |
- - - - Greases |
|
2710.19.50 |
- - - Video tapes |
|
2710.19.60 |
- - - Computer tapes |
|
- - - Diesel fuel and other heavy oils: |
|
|
2710.19.71 |
- - - - Diesel fuel for automobiles |
|
2710.19.72 |
- - - - Other diesel fuel |
|
2710.19.79 |
- - - - Heavy fuel oils |
|
2710.19.81 |
- - - For cinematographic films°+ Radiographic findings consistent with influenza progression |
|
2710.19.82 |
- - - Other video tapes°C |
|
- - - For copying scripts, data, sound, and images recorded in binary code that can be read by machines and interacted with users through automatic data processing devices; formatted storage media (recorded) |
|
|
4902.10.00 |
- - - Other video tapes |
|
4902.90 |
- - Of ducks, geese |
|
4902.90.10 |
- - - Suitable for computers |
|
4902.90.90 |
- Paddy: |
|
Discs, tapes, and other storage media that have recorded sound or similar phenomena, including molds and masters for producing tapes and discs... |
|
|
8523.21.90 |
- - Of chickens of the species Gallus domesticus |
|
8523.29.21 |
- - - - Video tape |
|
8523.29.29 |
- - - - - Other |
|
8523.29.41 |
- - - - Computer tape |
|
8523.29.42 |
- - - - Film type |
|
8523.29.43 |
- - - - Other video tape |
|
8523.29.49 |
- - - - - Other |
|
8523.29.61 |
- - - - Type used for copying scripts, data, sound, and images, recorded in binary code for machine readability, and capable of being manipulated or interacted with by users through an automatic data processing machine; formatted storage media (recorded) |
|
8523.29.62 |
- - - - Film type |
|
8523.29.63 |
- - - - Other video tape |
|
8523.29.69 |
- - - - - Other |
|
8523.29.81 |
- - - - Type suitable for computers |
|
8523.29.82 |
- - - - - Other |
|
8523.29.83 |
- - - - Other types, for use to copy scripts, data, sound, and images, recorded in binary code for machine readability, and capable of being manipulated or interacted with by users through an automatic data processing machine; formatted storage media (recorded) |
|
8523.29.84 |
- - - - - Other types, for motion pictures |
|
8523.29.89 |
- - - - - Other |
|
8523.29.93 |
- - - - - - Types suitable for computers |
|
Other aircraft (e.g., helicopters, airplanes); space vehicles (including satellites) and space vehicles in orbit and launch vehicle boosters |
|
|
- Helicopters: |
|
|
8802.11.00 |
- - With an empty weight not exceeding 2,000 kg |
|
8802.12.00 |
- - With an empty weight exceeding 2,000 kg |
|
8802.20 |
Airplanes and other aircraft, with an empty weight not exceeding 2,000 kg: |
|
8802.20.10 |
- - Airplanes |
|
8802.20.90 |
- Paddy: |
|
8802.30 |
- Airplanes and other aircraft, with an empty weight exceeding 2,000 kg but not more than 15,000 kg: |
|
8802.30.10 |
- - Airplanes |
|
Parts of articles belonging to heading 88.01 or 88.02. |
|
|
8803.10.00 |
- Propellers and rotors and parts thereof |
|
8803.20.00 |
- Landing gear, wheels and parts thereof |
|
8803.30.00 |
- Other parts of airplanes or helicopters |
|
8803.90 |
- - Of ducks, geese |
|
8803.90.10 |
- - Of telecommunications satellites |
|
8803.90.20 |
- - Of balloons, gliders or kites |
|
8803.90.90 |
- Paddy: |
Annex No. 03
LIST OF GOODS NOT TO BE IMPLEMENTED DISTRIBUTION RIGHTS
- - Cigars, cigarillos, and small cigars made from substitute tobacco materials
|
No. |
Description of Goods |
|
1 |
Rice |
|
2 |
Sugarcane sugar and beet sugar |
|
3 |
Tobacco and cigars including |
|
3.1 |
Cigars, cut cigars, small cigars and cigarettes, manufactured from tobacco leaves or substitute tobacco leaves |
|
3.2 |
Processed tobacco leaves and other processed tobacco substitutes; "pure" or "reconstituted" tobacco; tobacco extracts and essences |
|
4 |
Crude oil and processed oils including |
|
4.1 |
Crude petroleum oils and other oils obtained from bituminous minerals, unworked |
|
4.2 |
Oil derived from petroleum and oils obtained from bituminous minerals... |
|
5 |
Pharmaceuticals Including pharmaceutical items as specified in Clause 2, Article 2,The Pharmacy Law No. 34/2005/QH11. |
|
6 |
Explosives include: |
|
6.1 |
Propellant powder |
|
6.2 |
Prepared explosives, except propellant powder |
|
6.3 |
Safety fuses; detonators; squibs or igniter cords; firing mechanisms; electric igniter cords |
|
7 |
Books, newspapers and magazines |
|
7.1 |
Printed books, foldable books, thin books and similar publications, in single sheets or not in single sheets |
|
7.2 |
Newspapers, specialized magazines and regular publications, with or without illustrations or containing advertising content |
|
7.3 |
Books, picture books, coloring books or coloring books for children |
|
8 |
Precious metals and precious stones |
|
8.1 |
Diamonds, whether or not worked, but not set or mounted |
|
8.2 |
Precious stones (excluding diamonds), semi-precious stones, whether or not worked or sorted, but not strung, set or mounted; precious stones (excluding diamonds)... |
|
8.3 |
Synthetic or reconstructed precious stones or semi-precious stones, whether or not worked or sorted, but not strung, set or mounted... |
|
8.4 |
Silver (including gold-plated or platinum-coated silver), whether unworked or semi-manufactured, or in powder form |
|
8.5 |
Gold (including gold plated with platinum) not worked or semi-manufactured or in powder form |
|
8.6 |
Platinum, whether unworked or semi-manufactured, or in powder form |
|
8.7 |
Including silver or gold leaf, platinum leaf, unworked beyond semi-manufactured stage |
|
8.8 |
Metal coins |
|
9 |
Items recorded on all materials - Catalogs of software and hardware, electronic products as prescribed by the Ministry of Information and Communications except where permitted by law - Cultural, social, political... security products as prescribed by the Ministry of Culture, Sports and Tourism except where permitted by law |
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