Key takeaways
Most of the products under Annex I of Decree No. 53/2018/ND-CP remain unchanged.
Decree No. 32 includes the following new products into the scope of Export/Import Permit:
As previously regulated, these products are only subject to Import Permit if they contain encryption functions as described under this Annex.
In depth
Decree No. 32 adds the following products to be subject to Export/Import Permit:
| Product |
HS code |
Encryption Function |
| Smart phone |
8517.13.00 |
Products with at least one of the features: analog or digital voice security; wired voice security. |
| High speed television cameras, digital cameras and video camera recorders |
8525.81 |
Products with data encryption feature. |
| Radiation-hardened or radiation-tolerant cameras |
8525.82 |
| Night vision cameras |
8525.83 |
One question that arises from these new products is how the exemption set forth under Annex I, Decree No. 58/2016/ND-CP applies to these new products.
As previously discussed with the National Agency of Cryptography and Information Security (NACIS), the exemptions under Annex I, Decree No. 58/2016/ND-CP are applicable to products under Annex II; meaning that the products under Annex II may be exempted from Export/Import Permit if they meet the criteria of the exemption under Annex I (e.g., widely used IT products).
Plainly read, the new products under Annex II of Decree No. 32, based on their name and description, should also be considered as widely used IT products. If so, it follows that these products ought to be exempted from Export/Import Permit as per the explanation of the NACIS.
We propose that the NACIS provides guidance to clarify this point.
The full Vietnamese text of Decree No. 32 can be found here.
