Draft Customs Law Amendment 2026: Opportunity or Burden for SMEs?

Ministry of Finance seeks business feedback on draft Customs Law amendment

The Ministry of Finance has just released a draft amendment to the Customs Law, opening the floor for feedback from the import-export business community. This move comes as Vietnam’s total import-export turnover in the first half of 2026 hit a record USD 428 billion, up 16.2% year-on-year.

Sounds great. But behind that impressive figure lies the reality: 68% of SMEs still face difficulties with customs procedures, with average clearance time at 4.2 days — double that of Thailand and Singapore. The question is: Will this draft actually untie the knots, or just add another layer of regulation?

Key points in the draft amendment

The draft focuses on four main pillars: full digitalization, classification of enterprises by compliance level, enhanced post-clearance inspection, and increased administrative penalties.

Technically, this is a step in the right direction. But execution is the critical point. Currently, only 34% of SMEs have synchronized ERP systems, and 52% still use Excel to manage documentation. When digitalization becomes mandatory, who bears the cost of transformation?

Enterprise classification by compliance level — similar to AEO (Authorized Economic Operator) — is a bright spot. High-credibility businesses will be prioritized for faster procedures and reduced inspection frequency. But to achieve AEO standards, businesses need to invest an average of USD 28,000 – 45,000 in management systems, compliance personnel, and internal audits. This figure far exceeds the annual budget of 73% of current export SMEs.

Post-clearance inspection: A double-edged sword

Post-clearance inspection helps goods flow faster — in theory. But in practice, if violations are discovered after 3-6 months, businesses face double penalties plus interest on back taxes. In 2025, there were 1,847 cases of tax recovery after inspection, totaling VND 312 billion.

This risk is especially high for SMEs without dedicated legal compliance departments. A small error in HS code, origin declaration, or declared value can lead to severe financial and reputational consequences.

Ho Alva’s Assessment

I’ve operated storefronts on Alibaba, Etsy, and Amazon for 5 years, working directly with over 200 export SMEs. I clearly see the gap between policy and execution.

This Customs Law amendment draft HAS POTENTIAL to address many bottlenecks — if implemented correctly. But if it only focuses on technology while ignoring businesses’ actual execution capacity, the result will be: large enterprises benefit, SMEs face double pressure.

Opportunities for SMEs

1. Faster clearance if standards are met. Businesses with transparent management systems and complete documentation will be prioritized. This is a direct competitive advantage: reducing clearance by 2-3 days = cutting logistics costs by 8-12%, increasing ability to fulfill urgent orders.

2. Building long-term credibility. Once you achieve AEO standards or high-compliance enterprise status, you gain significant leverage when negotiating with international buyers. Many buyers from the EU, US, and Japan require suppliers to have AEO certification or equivalent.

3. Easier access to capital. Banks and financial institutions prioritize loans to businesses with clean customs records and high compliance. Interest rates can be 1.2 – 2.5% lower compared to businesses without certification.

Risk warnings

1. Digital transformation costs are not small. If the draft passes, businesses will be required to have electronic document management systems with API connections to customs. Average cost: USD 15,000 – 35,000 for software + staff training. Many SMEs are not financially ready.

2. Legal risks increase significantly. Post-clearance inspection means any errors can be discovered and penalized retroactively. Businesses need legal compliance experts or hire professional customs consultants — adding another fixed monthly expense.

3. Uneven competitive pressure. Large enterprises have already invested in systems, they will benefit immediately. Unprepared SMEs will be left behind, losing orders to competitors who are faster and more compliant.

My advice to SMEs: DON’T wait for the official law to take action. Start preparing now. Review all customs declaration processes, invest in document management software, train staff on compliance. The cost you spend today will be much lower than racing to catch up when the law takes effect.

You have 6-12 months before the draft is officially passed. This is the golden window to prepare, rather than react when it’s too late. Businesses who take initiative today will be tomorrow’s winners.

Question for you: Does your business already have an electronic document management system? Are you ready to invest USD 20,000 – 40,000 to achieve high compliance standards? If the answer is not yet, now is the time to start.