Conditions and procedure for doing business of car import
1. Legal grounds
1.1. Law on Investment 2014
1.2. Law on Enterprise 2014
1.3. Decree No. 116/2017/ND-CP
2. Conditions for doing business of car import
Clause 1, Article 14, Decree No. 116/2017/ND-CP stipulates: "Only enterprise shall be considered for granting of Car Import Business license”. Enterprise which was established under the provisions of law shall be licensed to do business of car import if satisfying the conditions pursuant to Article 15 of Decree No. 116/2017 / ND-CP, including:
(i) Having facility for car maintenance and warranty, which is owned by the enterprise, or contracted by the enterprise or belonging to the authorized dealer system of the enterprise pursuant to Decree No. 116/2017 /ND-CP;
(ii) Having a written certification or document proving that the enterprise has right to represent the foreign car manufacturing and assembling enterprise to issue a recall for imported car in Vietnam.
3. Procedure for granting the Car Import Business license
3.1. Dossier consists of:
(i) Application for granting the Car Import Business license (Form 05, Appendix II, Decree No. 116/2017/ND-CP): 01 original.
(ii) Business Registration Certificate or document of equivalent legal validity: 01 copy;
(iii) Document proving that the enterprise satisfies conditions for car import:
- Document proving that the enterprise has the facility for car maintenance and warranty which satisfies the conditions: 01 copy;
- A written certification or document proving that the enterprise has right to represent the foreign car manufacturing or assembling enterprise to recall imported car in Vietnam, it is legalized by the foreign Vietnam’s diplomatic agency : 01 copy.
3.2. The process of granting Car Import Business license
(i) The enterprise shall submit 01 set of dossier directly, or through the postal system or other appropriate forms to the Ministry of Industry and Trade;
(ii) If the dossier is incomplete or improper, within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall request the enterprise to supplement and complete as prescribed.
(iii) Enterprise receives the Car Import Business license directly at the Ministry of Industry and Trade or via the post (if requested) or in other appropriate forms.
3.4. Processing time limit:
Within 10 working days after receiving complete and valid dossier, the Ministry of Industry and Trade shall appraise and grant Car Import Business license to enterprise (Form 08, Appendix II, Decree No. 116/2017 / ND-CP).
In case of necessity, the Ministry of Industry and Trade shall notify the time for examination of the truthfulness of the conditions. The inspection time limit shall not exceed 15 working days as from the date of notification. Within 5 working days after receiving inspection result, the Ministry of Industry and Trade shall consider and grant Car Import Business license to enterprise.
In case of refusing to grant Car Import Business license to enterprise, the Ministry of Industry and Trade shall reply in writing and specify the reason.
