Documents and procedures for applying for a border transfer business license

Border transfer business license is a mandatory license for businesses carrying out border transfer activities in Vietnam. The application for a license will apply to a number of specific types of goods, to ensure compliance with the state’s import and export management policies. This article will provide detailed information about the conditions, documents, licensing authority and issues related to the Border Transfer Business License.

When do you need a Border Transfer Business License?

Border transfer business license is an important legal document in international trade activities. According to Clause 1, Article 18 of Decree 69/2018/ND-CP, border-transfer business is required to have a border-transfer business license from the Ministry of Industry and Trade in the following cases:

• Goods banned from export or import;
• Goods temporarily suspended from export or import;
• Goods that have not been permitted to be circulated or used in Vietnam;
• Goods subject to management by means of export quotas, import quotas, tariff quotas, export and import licenses, except for automatic export licenses and automatic import licenses.

Procedures for granting border transfer business license

Necessary documents

According to Clause 4, Article 19 of Decree 69/2018/ND-CP, the application for a Border transfer business license includes the following four main types of documents:

• 01 original copy of application for a border transfer business license. The license application form specified in Appendix IV issued with Circular 12/2018/TT-BCT takes effect from June 15, 2018.
• Business registration certificate or enterprise registration certificate (01 copy with seal of trader);
• Purchase contract and sales contract signed with foreign customers: 1 copy of each with the trader’s stamp.
• Report on the implementation of the granted border transfer business license, clearly stating the quantity of goods brought into and out of Vietnam: 1 original copy. The form reporting on the implementation of the Border Transfer Business License has been issued regulations in Appendix V issued with Circular 12/2018/TT-BCT.

Competent authority to resolve

According to the provisions of Clause 3, Article 6 of Circular No. 12/2018/TT-BCT, the competent authority to grant  a border transfer business license is the Department of Import and Export – Ministry of Industry and Trade.

Address of licensing agency: No. 54 Hai Ba Trung, Hoan Kiem District, Hanoi City.

Procedure order

The order and procedures for granting a Border transfer business license are specifically specified in Article 20 of Decree 69/2018/ND-CP. This process includes two main steps.

• Step 1: Traders submit application documents for licensing to the Import-Export Department – Ministry of Industry and Trade. Can be submitted in person, by mail or online (if applicable). The application must have all required documents as prescribed.
• Step 2: The Ministry of Industry and Trade receives and checks the validity of the application. If the dossier is incomplete, within 3 working days from the date of receiving the dossier, the Ministry will issue a written request for additional completion. Traders need to quickly complete the required documents.
• Step 3: Within 5 working days from the date of receiving complete and valid documents, the Ministry of Industry and Trade will consider granting a border transfer business license. In case of refusal to grant a permit, the Ministry will respond in writing and clearly state the reason.

In case of amendment, supplement or re-issuance due to loss of license, the processing time is 3 working days. Traders need to send a written request with relevant documents to the Ministry of Industry and Trade.

Penalties for not having a border transfer business license

When traders do not have a border transfer business license and carry out border-gate transfer of goods, they may be administratively sanctioned according to Clause 4, Article 41 of Decree 98/2020/ND-CP with a fine ranging from VND 30,000,000 to 50,000,000 VND for acts of border-gate transfer of goods that require a license from a competent state management agency without a license.

Consulting services and support for applying for a border transfer business license

Long Phan’s consulting services support businesses and individuals in applying for Border transfer business license quickly and effectively. Our services include:

• Prepare application documents for a border transfer business license;
• Enterprise representative submits application for border transfer business license;
• Monitor processing progress and update information for customers;
• Explanation and additional documents: If the licensing agency requires explanation or supplementation, the consultant will support implementation.
• Track records and send results to businesses;

A border transfer business license plays an important role in international trade activities, ensuring compliance with legal regulations and effectively managing border transfer activities of goods. Businesses need to master relevant regulations to avoid legal risks and optimize business processes. For detailed advice on procedures for applying for a border transfer business license, please contact Long Phan via hotline. 0906.735.386 to receive professional and timely support.