Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

The Licensing for Traders to Sign Agency Contracts for Buying and Selling Goods Subject to Export Licenses ensures that export agency activities are carried out in accordance with regulations on commerce and foreign trade management. This article provides an overview of the conditions, dossier, and implementation sequence to help traders apply them conveniently.

Requirements and conditions for Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

Based on Article 50 of Decree 69/2018/ND-CP and Administrative Procedure Code 1.013779, mandatory conditions include:

1. Legal Entity: The trader must be an enterprise legally established under Vietnamese law. The Enterprise Registration Certificate or Investment Registration Certificate must show business lines suitable for the goods intended for the agency activity.
2. Goods Scope: The goods must belong to the list of goods exported under license issued by specialized Ministries/agencies. The contract must be within the scope of quantity, value, or type of goods permitted by the competent authority.
3. Contract Compliance: The agency contract must comply with the Commercial Law regarding form and content (rights, obligations, remuneration, duration). For contracts involving foreign elements, payment and delivery terms must comply with foreign exchange and customs laws.

The competent authority Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

Based on Clause 1, Article 50 of Decree 69/2018/ND-CP and Clause 14, Article 31 of Decree 146/2025/ND-CP:

• Competent Authority: The Provincial-level People’s Committee.
• Implementation: The procedure is processed by the specialized agency advising on industry and trade (Department of Industry and Trade) as assigned by the Provincial People’s Committee.
• Note: Depending on the goods, the process may involve consultation with relevant specialized management agencies.

The application dossier for Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

According to Subsection 10, Appendix X of Decree 146/2025/ND-CP, the dossier includes:

1. Written Request: Request for a License to sign an agency contract (specifying name/quantity of goods, details of the Principal and Agent, remuneration, and duration).
2. Draft Agency Contract: A draft of the contract for buying/selling goods to allow the authority to review commercial and legal terms.
3. Other Documents: Specialized licenses or technical certificates (if required for specific goods).

Procedures for Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

The procedure follows Subsection 10, Appendix X of Decree 146/2025/ND-CP:

Step 1: Submission The trader submits 01 dossier set to the Provincial People’s Committee (via Direct submission, Postal service, or Online Public Service Portal).

Step 2: Receipt and Check Within 03 working days of receipt, the authority checks the validity. If incomplete, a written notice is issued for supplementation.

Step 3: Appraisal and Result Within 07 working days from receiving a complete and valid dossier, the authority appraises and issues the License (or a written refusal with reasons).

• Note: If consultation with other agencies is required, the time limit is calculated from the receipt of their feedback.

Long Phan provides consulting services for licensing procedures and offers agency contracts for the purchase and sale of export goods.

Long Phan Consulting Company provides comprehensive legal solutions:

• Consulting & Preparation: Reviewing business lines; advising on conditions; drafting the Written Request and reviewing the Draft Agency Contract to ensure compliance.
• Representation: Submitting the dossier to the competent authority; explaining and supplementing documents during appraisal.
• Monitoring & Compliance: Receiving the result; guiding on record-keeping, reporting obligations, and post-licensing compliance.

Frequently Asked Questions about the Procedure for Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses

Below are some frequently asked questions regarding the licensing of traders who are contracted to act as agents for the purchase and sale of export goods under license. Please refer to them:

Can foreign traders pay the Agent in VND?

No. Traders acting as purchasing agents for foreign traders must require payment in freely convertible foreign currency. (Legal Basis: Clause 3, Article 50, Decree 69/2018/ND-CP).

Must the agency contract be in writing?

Yes. It must be in writing or forms with equivalent legal validity (telex, fax, data message). (Legal Basis: Article 168, Commercial Law 2005).

Who owns the goods in the agency relationship?

The Principal (the trader delivering goods) retains ownership until the goods are sold to a third party. The Agent is an intermediary. (Legal Basis: Article 170, Commercial Law 2005).

Who is responsible for tax obligations?

The Vietnamese trader (Agent) is responsible for registering, declaring, and paying taxes and financial obligations related to the goods and their business activities. (Legal Basis: Clause 4, Article 50, Decree 69/2018/ND-CP).

Can a trader be an agent for multiple foreign traders for the same goods?

Generally Yes, unless specific specialized laws restrict it (e.g., exclusive agency regulations). (Legal Basis: Clause 2, Article 50, Decree 69/2018/ND-CP).

Conclusion

Strict compliance with regulations on Licensing for Traders to Sign Agency Contracts for Goods Subject to Export Licenses is key to successful international business expansion. Please contact Long Phan Consulting Company via Hotline 1900636389 for timely support and professional advice.