Official Guidance on the Issuance of Import Licenses for Specially Controlled Chemicals for the Implementation of Remedial Measures

On 11 September 2026, the Vietnam Chemicals Agency under the Ministry of Industry and Trade  issued Official Letter No. 2347/HC-QLHC in response to Official Letter No. 12884/SCT-QLCN from the Ho Chi Minh City Department of Industry and Trade concerning guidance on the issuance of import licenses for specially controlled chemicals for the implementation of remedial measures. The Chemicals Agency provided the following opinions:

1. Issuance of import licenses for specially controlled chemicals

Clause 1, Article 12 of the Law on Chemicals No. 69/2025/QH15 stipulates that the export, import, temporary import, re-export, temporary export, re-import, border-gate transfer, transit, and other activities related to international trade in goods involving chemicals shall be carried out in accordance with the Law on Chemicals, the Law on Foreign Trade Management, and other relevant laws and regulations.

Clause 2, Article 14 of Decree No. 26/2026/ND-CP stipulates that organizations and individuals exporting or importing specially controlled chemicals must obtain a license issued by a competent authority. An export or import license for specially controlled chemicals is a condition for customs clearance of such chemicals, except in cases eligible for exemption in accordance with applicable regulations.

The provision in Clause 2, Article 14 of Decree No. 26/2026/ND-CP stating that the license "is a condition for customs clearance" establishes the legal effect of the license in customs procedures. Accordingly, specially controlled chemicals may only be cleared through customs when the relevant organization or individual presents the license. This provision does not establish a condition for the issuance of the license.

Article 14 of Decree No. 26/2026/ND-CP prescribes the application dossier, sequence, and procedures for license issuance. It does not stipulate the customs clearance status of goods as a condition for issuing a license or as grounds for refusing to issue one.

2. Application of Point a, Clause 3, Article 18 of Decree No. 128/2020/ND-CP

Point a, Clause 3, Article 18 of Decree No. 128/2020/ND-CP is a legal provision governing the handling of administrative violations in the customs sector. The application of this provision to each specific case falls within the authority of the person empowered to impose administrative penalties. Accordingly, the Department of Industry and Trade is requested to consult and reach an agreement with the Customs authority that issued the administrative penalty decision during the processing of the application dossier.

As a general principle, Point a, Clause 3, Article 18 of Decree No. 128/2020/ND-CP applies generally to imported goods subject to licensing requirements and does not exclude import licenses for specially controlled chemicals.

At the same time, this provision merely determines the consequences where the goods are licensed by a competent authority within 30 days from the date of receipt of the administrative penalty decision (in which case there is no requirement to implement the remedial measure compelling the goods to be removed from the territory of the Socialist Republic of Vietnam or to be re-exported). It does not constitute a legal basis for issuing a license, nor does it establish a separate licensing process or procedure.

Accordingly, the two provisions cited by the Department of Industry and Trade in Official Letter No. 12884/SCT-QLCN govern different matters and are not contradictory:

• Clause 2, Article 14 of Decree No. 26/2026/ND-CP governs the legal effect of the license in customs clearance procedures.

• Point a, Clause 3, Article 18 of Decree No. 128/2020/ND-CP governs the consequences of compliance with an administrative penalty decision.

In addition, Decree No. 169/2026/ND-CP dated 15 May 2026, issued by the Government and prescribing penalties for administrative violations in the customs sector, took effect on 1 July 2026 and replaced Decree No. 128/2020/ND-CP.

Therefore, with respect to the specific case referred to in Official Letter No. 12884/SCT-QLCN, the Ho Chi Minh City Department of Industry and Trade is requested to review the relevant matters and application documents and proceed in accordance with the current regulations on penalties for administrative violations in the customs sector. The Department should also consult and reach an agreement with the Customs authority that issued the administrative penalty decision during the processing of the application dossier.

3. Processing applications for import licenses for goods that have already undergone customs clearance

The Department of Industry and Trade shall receive, review, and process applications for import licenses for specially controlled chemicals in accordance with the conditions, application dossier requirements, sequence, procedures, and time limits prescribed in Article 14 of Decree No. 26/2026/ND-CP and Circular No. 01/2026/TT-BCT, specifically as follows:

・Where the application dossier satisfies all prescribed conditions: The Department of Industry and Trade shall issue the license to the relevant organization or individual within the scope of its delegated authority. The fact that the goods have already completed customs clearance procedures shall not constitute grounds for refusing to issue the license.

・Where the application dossier does not satisfy the prescribed conditions: The Department of Industry and Trade shall provide a written response clearly stating the reasons for refusing to issue the license, thereby providing the organization or individual with a basis for complying with the remedial measures specified in the administrative penalty decision issued by the Customs authority.

In addition, the Department of Industry and Trade is requested to notify the Customs authority that issued the administrative penalty decision of the outcome of the application processing, so that the two authorities can coordinate in monitoring compliance with the administrative penalty decision.

4. Export processing enterprises located in separate customs zones

The measure of managing imports and exports through licensing is one of the foreign trade management measures prescribed in Clause 1, Article 29 of the 2017 Law on Foreign Trade Management, which provides as follows:

"1. Management through export and import licenses (hereinafter referred to as 'licensing management') is a measure applied by a competent state authority to issue export or import licenses, or other forms of authorization having equivalent legal validity, to traders for the purpose of conducting export and import activities."

Accordingly, the application of foreign trade management measures in general, and licensing management measures for exports and imports in particular, to separate customs zones (as defined in Clause 4, Article 3 of the Law on Foreign Trade Management) shall be governed by Articles 56, 57, 58, and 59 of the Law on Foreign Trade Management.

Clause 2, Article 57 of the 2017 Law on Foreign Trade Management provides as follows:

"2. Foreign trade management measures shall not apply to goods brought from foreign countries into separate customs zones, except for import prohibition measures, temporary import suspension measures, and quarantine measures applicable to goods."

Based on the above provisions, where an export processing enterprise located in a separate customs zone, as defined in Clause 4, Article 3 of the Law on Foreign Trade Management, imports specially controlled chemicals from abroad into that separate customs zone for use within the zone, licensing management measures shall not apply.

In other words, such an enterprise is not required to obtain an import license for specially controlled chemicals, unless the Prime Minister decides otherwise in accordance with Article 59 of the Law on Foreign Trade Management.

For the full text of the Official Letter, please refer to this link