Decree 292/2026/ND-CP: Detailed Regulations Implementing Vietnam's Law on Foreign Trade Management

Scope and Applicability

Decree No. 292/2026/ND-CP (issued 22 July 2026, published in Official Gazette No. 456 dated 3 August 2026) provides detailed regulations implementing the Law on Foreign Trade Management. It applies to state management agencies, traders engaged in foreign trade activities, and related domestic and foreign organizations and individuals. Its scope covers export, import, temporary import for re-export, temporary export for re-import, transshipment, goods in transit, processing of goods involving foreign elements, agency arrangements for buying and selling goods with foreign parties, and resolution of disputes over the application of foreign trade management measures.

Administrative dossiers under the Decree may be submitted online via the National Public Service Portal, in person, or by post; must be prepared in Vietnamese (foreign-language documents must be translated and authenticated); electronic dossiers use digital signatures.

Export-Import Management (Chapter II)

• Vietnamese traders without foreign investment capital may freely conduct export-import business regardless of their registered business lines, except for goods on the prohibited or suspended lists.
• Foreign-invested economic organizations (FIEs) and branches of foreign traders must comply with Vietnam's international commitments and the roadmap published by the Ministry of Industry and Trade; they may only export or import in line with the objectives stated in their Investment Registration Certificate.
• Foreign traders without a commercial presence in Vietnam may only operate within the scope of export and import rights under current regulations.
• Prohibited export-import goods are listed in Appendix I. Special-case permits require an application processed within 5 working days; goods may be kept in Vietnam for a maximum of 2 years, and traders must file an annual report, due 31 December, to the licensing authority.
• For goods subject to suspended export or import, the licensing process includes an additional step of consulting the relevant ministry (5 working days).
• Certificate of Free Sale (CFS): separate rules apply for imports (must be in English, may require consular legalization) and exports (issued by the provincial People's Committee within 2 working days, valid for 5 years from issuance, and revocable for fraud or non-conformity with declared standards).

Temporary Import for Re-export, Temporary Export for Re-import, and Transshipment (Chapter III)

• Goods prohibited from temporary-import-re-export or transshipment trading are listed in Appendix V.
• Temporary-import-re-export trading licenses are issued by the provincial People's Committee; FIEs may not conduct this trading activity and may only use the other forms of temporary import-re-export, such as warranty, maintenance, or lease or loan purposes. Goods may remain in Vietnam for a maximum of 60 days, extendable up to twice, 30 days each time; after the deadline, goods must be re-exported or destroyed.
• Temporary export for re-import follows similar rules, with provincial licensing required for goods subject to export bans or suspensions; extensions capped at 2 times.
• Transshipment trading licenses are issued by the provincial People's Committee; FIEs may only transship goods shipped directly between the exporting and importing country, without passing through a Vietnamese border gate; based on two separate contracts, purchase and sale.
• Dossier and licensing procedures for all these permits (Articles 20-21) are standardized: application form, relevant contracts, and a report on prior licenses; processing time is 3-5 working days once the dossier is complete.
• Payments for these transactions must comply with the State Bank of Vietnam's foreign exchange management regulations.

Goods in Transit (Chapter IV)

• The Ministry of Industry and Trade issues transit permits for weapons, explosives, explosive precursors, and support tools, as well as prohibited or suspended export-import goods.
• Required documents include an application, a transport contract, and, for special goods, a diplomatic note from the requesting country.
• Processing time is 5-7 working days, with consultation from the Ministry of National Defense and Ministry of Public Security for weapons.
• Traders registered for freight forwarding or transport business may provide transit transport services for foreign cargo owners.
• Transit periods may be extended, with applications processed within 7 working days.

Processing of Goods Involving Foreign Elements (Chapter V)

• Vietnamese traders may lawfully process goods for foreign traders; if the goods fall under conditional business lines, the trader must meet the relevant conditions.
• Processing prohibited or suspended export-import goods for consumption abroad requires a Processing Permit, processed within 5 working days.
• Special rules apply to processing military uniforms for export to foreign armed forces.

Agency for Buying and Selling Goods with Foreign Parties (Chapter VI)

• Vietnamese traders may lawfully act as purchasing or selling agents for foreign traders, except for prohibited or suspended export-import goods.
• Agents purchasing goods must require the foreign trader to remit funds in freely convertible currency through a bank.
• Goods under agency contracts remain fully subject to Vietnamese tax obligations; the Vietnamese trader must register, declare, and pay taxes.
• Goods under a sales agency contract that cannot be sold in Vietnam may be re-exported, with tax refunds available under tax law.
• Vietnamese traders may also hire foreign traders as purchasing or selling agents abroad, except for prohibited or suspended goods.

Coordination Mechanism for Resolving Trade Management Disputes (Chapter VII)

• Establishes coordination principles between the Lead Agency, the Focal Point Agency, and related agencies, organizations, and individuals to handle international disputes, for example when a foreign government initiates a claim against Vietnam before arbitration or an international tribunal, over the application of foreign trade management measures.
• Sets a 3-working-day deadline for receiving and reporting information on potential claims, requires dispute-resolution plans, participation of representatives at hearings, and enforcement of awards and rulings.
• Requires confidentiality of case-related information in accordance with Vietnamese law and relevant international treaties.

Note

The source text was truncated by the PDF extraction limit, approximately 80,000 characters; the final provisions on the effective date and the detailed appendices, goods lists and application forms, were not fully captured. Businesses should consult the original Official Gazette publication for the complete Appendices I-VII and the official effective date.