Vietnam Introduces New Regulations for Foreign-Invested Enterprises' Business Licenses

The Vietnamese government has issued a new decree, Decree No. 342/2026/NĐ-CP, detailing the conditions for issuing business licenses to foreign-invested economic organizations for goods trading and related activities. This decree elaborates on the provisions of the Commercial Law and the Law on Foreign Trade Management concerning such operations. Under the new regulations, foreign-invested economic organizations are permitted to export goods purchased in Vietnam, goods processed in Vietnam under their commission, and legally imported goods. However, these exports must not fall under prohibited or temporarily suspended export categories, nor violate international treaties to which Vietnam is a signatory. For goods requiring specific permits or conditions, the organization must obtain the necessary licenses or meet the stipulated requirements. Similarly, for imports, the decree outlines that foreign-invested entities can import goods from abroad and special customs areas into Vietnam, provided the goods are not on the prohibited or temporarily suspended import lists, or restricted by international treaties. If import licenses or specific conditions apply, the organization must comply accordingly. Furthermore, the decree grants foreign-invested economic organizations the right to wholesale and retail goods produced or processed in Vietnam, as well as legally imported goods. Business activities in sectors with conditional investment requirements can only be conducted upon full compliance with legal conditions. Notably, provincial-level People's Committees where the foreign-invested organization is headquartered will be responsible for issuing, reissuing, amending, and revoking business licenses. In specific cases related to national security, such as foreign investors controlling intermediary e-commerce platforms, social networks engaged in e-commerce, or large digital platforms, the licensing authorities will consult with the Ministry of Public Security and the Ministry of National Defence. This new regulatory framework aims to enhance transparency and predictability for foreign investment in Vietnam's trading sector.