September, 2026 Newsletter
November 11th, 2026
The identification, authentication, traceability of products, goods from January 1st, 2027
On September 29th, 2026, the Government issued Decree No. 372/2026/ND-CP on activities for the identification, authentication, traceability of products, goods (“Decree 372”). This Decree takes effect from January 1st, 2027, with several noteworthy provisions as follows:
a) Traceability activities shall be conducted in the digital environment through the identification code of product, goods (UID code) on the National Platform for identification, authentication and traceability (“National Platform”) based on the classification of risk levels.
Accordingly, activities for the identification, authentication and traceability of products, goods shall be carried out by batch, lot of production, business or for each individual unit of products, goods, based on the risk level of such products, goods, specifically:
- Products, goods with a high risk level: implementation is mandatory;
- Products, goods with a medium risk level, low risk level: voluntary implementation is encouraged.
Exceptions as follows:
- Exported products, goods: implementation on a voluntary principle, unless otherwise provided for by specialized laws.
- Products, goods temporarily imported for re-export; in transit, border-gate transfer; transshipment; imported into bonded warehouses for export to a third country: outside the scope of application of this Decree.
- Products, goods in the fields of national defense, security, cryptography that require confidentiality regarding the origin, provenance: the mandatory identification, authentication, traceability regulations specified in this Decree shall not be applied.
b) Transitional provisions
- Enterprises currently operating traceability systems must connect, share, interconnect, synchronize data with the National Platform within 06 months from the date on which this Platform is officially published as meeting the conditions for operation.
- Data relating to traceability that has been validly created, collected, declared before January 1st, 2027, shall not be required to collect, declare again, and may be connected, synchronized with the National Platform to create UID codes as prescribed.
- Traceability systems, information systems, databases, digital platforms and identification codes, barcodes that were legally developed, issued, used, operated before January 1st, 2027 shall be kept on using and shall be connected, interconnected, synchronized with the National Platform; replacement, re-issuance or re-declaration shall not be required, except where the requirements on accuracy, integrity, security or connectivity, interconnectivity are not met as prescribed.
New regulations on goods prohibited from importation and import tariff quota
On September 5th, 2026, the Ministry of Industry and Trade issued Circular No. 48/2026/TT-BCT (“Circular 48”) detailing some articles of the Law on Foreign trade management and Decree No. 292/2026/ND-CP. The Circular took effect from September 5th, 2026 includes some notable regulations on goods prohibited from importation and import tariff quotas, as follows:
a) List of used consumer goods and vehicles prohibited from importation
The List of used consumer goods and vehicles prohibited from importation under the management authority of the Ministry of Industry and Trade shall be specified in detail according to commodity codes (“HS codes”), specifically:
- Used consumer goods prohibited from importation include some items classified under the categories of products made of plastic, rubber, leather, wood, paper; apparel products, footwear; household appliances; electrical, electronic devices; furniture and other consumer items.
- Used vehicles prohibited from importation include some items classified under the categories of motorcycles; bicycles and its parts, accessories according to the specific HS codes.
If the used consumer goods, vehicles are prohibited from importation, used spare parts, components, accessories (if any) of such goods shall be also prohibited from importation.
b) Methods for allocating import tariff quotas: 05 methods for allocating import tariff quotas include:
(i) Auction: Organized publicly for each item within the scope of the allocated quota; traders winning the auction shall be allocated the corresponding quota volume for importation.
(ii) Application review: Based on the regulations on import tariff quotas and the applications submitted by traders, the Ministry of Industry and Trade shall consider allocating tariff quotas on the basis of production capacity, the results of implementation of import tariff quotas and production demand.
(iii) First-registered, first-served:
- Traders who register customs declarations first shall be entitled to import tariff quotas first. The quantity declared in a registered customs declaration shall be deducted from the total import tariff quota volume. In case, a customs declaration is no longer valid for customs clearance or the actual imported quantity is less than the quantity declared in the customs declaration, the remaining quantity shall be added back to the total tariff quota volume;
- Some notes:
· If the registered quantity exceeds the remaining quota volume, the trader shall be entitled to the remaining quota volume;
· If multiple traders register simultaneously for a quantity exceeding the remaining quota volume, the quota shall be allocated in proportion to each trader’s registered quantity relative to the total remaining quota volume.
(iv) Assignation of a focal point: The Ministry of Industry and Trade shall assign a focal point for importation under tariff quotas on the basis of international commitments.
(v) Other methods: Other methods of allocating import tariff quotas that are consistent with international commitments and state management requirements shall be applied.
c) Reporting responsibility
Traders permitted to import under tariff quotas are responsible for preparing reports in the form of electronic data files and submitting them to the Ministry of Industry and Trade via the email address HNTQ@moit.gov.vn or the National Single Window Portal or the Public Service Portal of the Ministry of Industry and Trade, including:
- Quarterly reports on the status of importation and submit to the Ministry of Industry and Trade before the 10th day of the first month of the following quarter or submit ad hoc reports as requested by the Ministry of Industry and Trade.
- With the traders importing under the application review method: Their third-quarter reports shall be assessed their capacity to import under tariff quotas for the entire year, proposed adjustments to increase, decreased the allocated quota volume and reported the quota volume of unable to import.
d) Transitional provisions
- Licenses issued under Circular No. 12/2018/TT-BCT and Joint Circular No. 14/2009/TTLT-BCT-BTC before September 5th, 2026 shall continue to be implemented in accordance with the terms and validity periods of the licenses already issued.
- Complete dossiers received before September 5th, 2026 shall continue to be processed in accordance with the provisions of the legal documents in force at the time the dossiers were received.
- The List of used medical devices prohibited from importation in Appendix I attached to Circular No. 12/2018/TT-BCT (as amended, supplemented by Circular No. 08/2023/TT-BCT) shall remain in effect until the end of December 31st, 2026.
Criteria for the import of used machinery, equipment and technological lines from September 5th, 2026
On September 5th, 2026, the Minister of Science and Technology promulgated Circular No. 56/2026/TT-BKHCN (“Circular 56”) regulating the import of used machinery, equipment and technological lines with some notable provisions as follows:
a) Principles of management of importing used machinery, equipment and technological lines
- Must comply with the laws on importation of goods;
- Not permitted to import if the goods fail to meet the requirements on safety, energy efficiency, environmental protection as prescribed;
- Only allowed to import for production activities directly of the enterprise in Vietnam.
b) Criteria for the import of used machinery, equipment, technological lines
(i) For the used technological lines:
- Manufactured in compliance with national technical regulations (QCVN) on safety, energy efficiency and environmental protection. If no QCVN is available, the technological line must be conformed to the technical specifications of Vietnamese national standards (TCVN) or the national standards of one of the G7 countries or South Korea concerning the foregoing aspects;
- The remaining capacity or efficiency must be at least 85% of the designed capacity or efficiency;
- The consumption of raw materials, materials, energy must not exceed 15% of the design level;
- The technology of the technological line must not fall under the List of technologies restricted from transfer or the List of technologies prohibited from transfer as prescribed in Decree No. 101/2026/ND-CP;
- The technology of the technological line must currently be in use at at least three production facilities in member countries of the Organisation for Economic Co-operation and Development.
(ii) For the used machinery, equipment:
- The age of the equipment must not exceed 10 years. For machinery and equipment in some specific sectors, the age of the equipment may not exceed 15 or 20 years, as detailed in Appendix I attached to Circular 56;
- Manufactured in compliance with QCVN on safety, energy efficiency and environmental protection. If no QCVN is available, the machinery or equipment must conform to the technical specifications of TCVN or the national standards of one of the G7 countries or South Korea concerning the foregoing aspects.
c) Cases in which the import criteria under Circular 56 are not applied
- Transit; transshipment of goods; goods sent from abroad into bonded warehouses;
- Border-gate transfer trading;
- Temporary import for re-export trading;
- Other forms of temporary import for re-export, temporary export for re-import as prescribed (except for temporary import for re-export for the performance of processing contracts; importation for production, construction in the implementation of investment projects);
- Performance of repair, maintenance service contracts with foreign traders;
- Sale and purchase transactions between enterprises in export processing zones, non-tariff zones; sale of liquidated assets by enterprises in export processing zones into the domestic market;
- Receipt of transfer from foreign partners upon expiry of processing contracts or financial leasing contracts; change of purpose of use to domestic consumption upon expiry of the temporary import period for construction works or temporary import in the form of leasing, borrowing for the performance of processing contracts for foreign traders; transfer between enterprises performing processing contracts for foreign traders;
- Use for scientific research and technology development that have not yet been produced domestically; use for national defence, security tasks as required by the ministries managing the relevant sectors, fields;
- Machinery, equipment under the List of products, goods with high risk levels issued in accordance with the Law on Product and Goods Quality; or machinery, equipment under specialized sectors for which the ministries or ministerial-level agencies have already issued legal documents for management.
Obligations on registration, amendment, disclosure of information of enterprises issuing private corporate bonds in the domestic market
On September 25th, 2026, the Ministry of Finance issued Circular No. 138/2026/TT-BTC (“Circular 138”) providing guidance on Decree No. 200/2026/ND-CP (“Decree 200”) on the offering, trading of privately placed corporate bonds in the domestic market and the offering of corporate bonds to the international market, which came into effect from October 1st, 2026. Accordingly, enterprises issuing privately placed corporate bonds in the domestic market should note of fulfilling the obligations of registration, amendment, disclosure of information as follows:
a) Registration obligation
(i) Registration of bond information: Issuing enterprises must register information on privately placed corporate bonds with the Viet Nam Securities Depository and Clearing Corporation (“VSDC”) in accordance with the Appendix I issued together with Circular 138 and the guidance of VSDC. Issuing enterprises shall be responsible for the truthfulness, accuracy, completeness and timeliness of the registered information.
(ii) Registration of bond trading: Enterprises must register the issued bonds for trading on the corporate bond trading system at the Stock Exchange in accordance with Decree 200.
b) Information amendment obligation
- In the event of any changes to the issuing enterprise’s information registered with VSDC as prescribed, the issuing enterprise shall amend such information with VSDC within 10 days from the date of the change and no later than 05 working days prior to the bond maturity date.
- In the event of changes to information on the issuing enterprise as a result of a consolidation, merger, a change to the Enterprise Registration Certificate (“ERC”), the issuing enterprise shall submit a request for amendment of information to the Hanoi Stock Exchange (“HNX”) within 10 days from the date of receipt of the new ERC, in accordance with the guidelines of the Regulations on trading of privately placed corporate bonds of the Vietnam Stock Exchange (“VNX”).
- In the event of changes to the conditions, terms of the bonds as prescribed in Decree 200, enterprises shall:
(i) Amend the information on the conditions, terms of the bonds with VSDC. If such amendment to the conditions, terms of the bonds results in the reduction of the quantity of bonds registered with VSDC, the enterprise shall carry out the amendment to reduce the number of registered bonds prior to or simultaneously with the amendment of the information on the conditions, terms of the bonds.
(ii) Submit a request for amendment of information to HNX within 10 days from the date of the change to the conditions, terms of the bonds in accordance with the guidance of the Regulation on trading of privately placed corporate bonds of VNX. In particular, in the case of changes to bond tenor, the enterprise shall submit a request for amendment of information to HNX no later than 05 working days prior to the bond maturity date specified in the initial issuance plan disclosed to investors.
c) Information disclosure obligations
(i) Pre-offering disclosure: The enterprise shall disclose information to investors registering to purchase the bonds and submit the disclosed information to HNX at least 01 working day prior to the scheduled offering date.
(ii) Periodic disclosure: The enterprise shall disclose information (including financial status, payment of bond interest and principal, etc.) on a semi-annual and annual basis until until no bonds remain outstanding balance to investors holding the bonds and submit the disclosed information to HNX within 60 days from the end of the first 06 months of the fiscal year (in the case of semi-annual disclosure) and within 90 days from the end of the fiscal year (in the case of annual disclosure).
(iii) Extraordinary disclosure: The enterprise shall disclose extraordinary information to investors holding the bonds and submit the disclosed information to HNX within 24 hours from the occurrence of events as prescribed in Decree 200 (such as the enterprise having its ERC revoked; a Decision on the reorganisation or conversion of the enterprise being issued; changes to the terms, conditions of issued bonds; changes to the legal representative; late payment of bond interest, principal; etc.).
d) Transitional provisions
Issuing enterprises that have changed information on the conditions, terms of bonds in accordance with Decree 200, resulting in a reduction of the quantity of registered bonds, but have not yet adjusted the registered number of bonds downward with VSDC before October 1st, 2026, shall make such adjustment to reduce the number of registered bonds with VSDC within 30 days from October 1st, 2026.
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