Official letter No. 2096/BCT-KHTC dated April 11th, 2023 of the Ministry of Industry and Trade regarding import, manufacturing and distribution of lubricants of foreign-invested business entities

According to opinions of the Ministry of Industry and Trade, manufacturing of lubricants in Vietnam does not belong to lists of business lines banned from business investment, conditional business lines, business lines not yet allowable for market access with regard to foreign investors, business lines allowable for market access subject to conditions with regard to foreign investors as regulated at 2020 Law on Investment and Appendix I of Decree No. 31/2021/ND-CP.

Regarding the right to import, the right to distribute lubricants, it is required to note that according to Appendix 3 promulgated together with Circular No. 34/2013/TT-BCT, foreign-invested enterprises are not allowed to perform the right of retail distribution of lubricants.

However, foreign-invested enterprises are considered issuing importation right and wholesale distribution right with regard to lubricants according to the regulations at point b clause 4 Article 9 of Decree No. 09/2018/ND-CP if they perform one of the following activities:

(i) Manufacturing lubricants in Vietnam;

(ii) Manufacturing or distributing machinery, equipment or goods using particular lubricants in Vietnam.

Procedures for issuing importation right and wholesale distribution right with regard to lubricants shall be carried out according to Article 12, Article 13 of Decree No. 09/2018/ND-CP .