What is the current situation regarding the reissuance of import licenses? What is the procedure for reissuance? Let’s explore the article below for a detailed explanation.
I. Current situation on the reissuance of import licenses
At present, the process of reissuing import licenses still encounters several issues. The procedures are often complicated, requiring multiple documents and time-consuming formalities. Moreover, the application submission systems remain underdeveloped, causing difficulties for enterprises and traders in completing the reissuance process effectively.
II. How to reissue an import license
1. Procedures and processes for reissuing an import license
According to Articles 4 and 6 of Circular No. 28/2012/TT-BCT, the reissuance process of an import license is as follows:
Step 1: A non-resident trader submits 01 (one) application dossier to the Ministry of Industry and Trade (Department of Import and Export) to request issuance, reissuance, amendment, supplementation, or extension of the Certificate of Registration for Export and Import Rights (Licenses).
- Required documents include:
+ Application form for amendment, supplementation, or reissuance of the Certificate (Forms MD-2, MD-3 in Annex I of the Circular);
+ Original Certificate of export/import rights. If the original is lost, destroyed, or damaged, a certified copy or a confirmation from a competent authority must be provided;
+ Original tax confirmation issued by the Vietnamese tax authority confirming the trader has fulfilled all tax and financial obligations to the Vietnamese government up to the time of application;
+ Certified copy of business registration certificate or equivalent legal document for business entities, or certified copies of ID/passport/legal identification for individual traders;
+ Certified copy of legal documents proving changes in the information of the original Certificate.
Step 2: Timeframes for issuing, reissuing, amending, supplementing, or extending the Certificate of Export/Import Rights are specified in Articles 9, 12, and 13 of Decree No. 90/2007/ND-CP, dated May 31, 2007, on the export and import rights of foreign traders without a commercial presence in Vietnam. The validity of each Certificate (License) is five (05) years.
2. Contents of the latest application form for reissuance
According to Form MD-3 attached to Circular 28/2012/TT-BCT, the application form for reissuing the Certificate of Registration for Export/Import Rights (Licenses) includes the following information:
- Trader’s name;
- Trader’s nationality;
- Registered business address;
- Business registration license number;
- Scope of operations;
- Charter capital;
- Contact information (telephone, email, bank account, etc.).
III. Questions regarding import license reissuance
1. Can an import license be reissued if it is lost?
According to Article 4 of Circular 28/2012/TT-BCT, in case of loss, destruction, or damage to the import license, a trader without a commercial presence in Vietnam may apply for reissuance by submitting a dossier to the Department of Import and Export – Ministry of Industry and Trade.
The procedure follows the same timeline as regulated in Articles 9, 12, and 13 of Decree No. 90/2007/ND-CP.
Accordingly, a new Certificate (License) will have a validity period of 05 years.
2. In what cases can an import license be reissued?
Although there is no specific regulation listing the exact cases, some common cases for reissuance include:
- The original import license is lost or damaged;
- Changes to the information listed in the license (such as business address, representative);
- The license has expired and needs to be renewed.
3. Is the cost of reissuing an import license high?
According to Decision No. 108/2007/QD-BTS, the cost of reissuing an import license may vary by region. The fee is calculated in millions VND per license.
IV. Legal advisory services for import license reissuance
The above information outlines the legal regulations and procedures related to the reissuance of import licenses. For further assistance or to better understand the laws concerning import license reissuance, please feel free to contact NPLaw for professional consultation by experienced lawyers and legal experts.
