The Government Amended List of Prohibited, Restricted and Conditional Business Goods and Services

On December 27, 2024, the Government issued Decree 173/2024/NĐ-CP, partially repealing Decree 59/2006/NĐ-CP dated June 12, 2006, which details the implementation of the Commercial Law regarding prohibited, restricted, and conditional business goods and services. Additionally, it repeals Decree 43/2009/NĐ-CP dated May 7, 2009, which amended and supplemented the list of prohibited business goods and services under Decree 59/2006/NĐ-CP.

Key highlights

Repeal the entire Decree No. 43/2009/NĐ-CP: Accordingly, the regulation on “adding smuggled cigarettes, cigars, and other finished tobacco products to the List of Prohibited Business Goods and Services (issued in Appendix I attached to Decree 59/2006/NĐ-CP)” has been repealed.

Partial repeal the Decree No. 59/2006/NĐ-CP:

• Repeal Point b and Point c, Clause 1, Article 4, as well as Articles 6, 7, and 8 of this Decree.

Specifically, the regulation only retains the requirement to issue the List of Prohibited Business Goods and Services along with the Decree, while it does not require the issuance of the List of Restricted Business Goods and Services or the List of Conditional Business Goods and Services. At the same time, the regulations on business conditions for restricted business goods and services, business conditions for conditional business goods and services, and the inspection of business conditions are not repealed.

• Repeal Points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 17, and 18 in Section A on Goods, as well as the entire Section B on Services of Appendix I – List of prohibited business goods and services.

According to this regulation, the List of Prohibited Business Goods in Appendix I now only includes: special and hazardous minerals; medicines for human treatment, vaccines, medical biological products, cosmetics, chemicals, and insecticidal and germicidal preparations for household and medical use that have not been approved for use in Vietnam; and medical equipment that has not been approved for use in Vietnam. Additionally, the section on Prohibited Business Services in Appendix I has been repealed.

• Repeal Appendix II – List of Restricted Business Goods and Services and Appendix III – List of Conditional Business Goods and Services.

The List of Restricted Business Goods and Services and the List of Conditional Business Goods and Services attached to the Decree will be repealed.

To summarize, Decree 173/2024/NĐ-CP has amended and supplemented certain regulations regarding the List of Prohibited Business Goods while also repealing the List of Restricted Business Goods and the List of Conditional Business Goods.

The Government has assigned the Ministry of Natural Resources and Environment to issue or submit for approval legal documents regulating special and hazardous minerals by June 30, 2027.

The Ministry of Health is tasked with issuing or submitting for approval legal documents regulating medicines for human treatment, vaccines, medical biological products, cosmetics, chemicals, and insecticidal and germicidal preparations for household and medical use that have not been approved for use in Vietnam, as well as medical equipment that has not been approved for use in Vietnam, by June 30, 2027.

This Decree will take effect on February 15, 2025.

Recommendations for businesses:

• Review Business Operations: Examine the list of products and services currently being traded to ensure compliance with the new regulations.
• Stay Updated on Legal Changes: Monitor newly issued legal documents that replace or provide detailed guidance following the repeal of the previous decrees.
• Consult Lawyers: Seek advice from legal professionals or relevant authorities for specific guidance on regulatory changes affecting business activities.

By Phan Thi Phuong Anh

Paralegal

Midland & Partners