Chemical Import Process into Vietnam

Detailed Guide on Customs Procedures and Chemical Import Process into Vietnam, Including Key Steps and Relevant Legal Requirements:

1. Preparation of Import Documents

1.1 Required Documents:

• Commercial Invoice:
  • Content: Information about the seller, buyer, chemical description, quantity, unit price, total value, delivery terms, and payment method.
  • Regulations: According to Circular 39/2018/TT-BTC dated April 20, 2018, issued by the Ministry of Finance.
• Packing List:
  • Content: Number of packages, net weight, gross weight, package dimensions, and number of items.
  • Regulations: As per Circular 39/2018/TT-BTC and Circular 38/2015/TT-BTC dated March 25, 2015, issued by the Ministry of Finance.
• Bill of Lading/Airway Bill:
  • Content: Transportation method, sender’s name, recipient’s name, port of departure, port of entry, and quantity of goods.
  • Regulations: Vietnam’s Commercial Law and transportation contract terms.
• Certificate of Origin:
  • Content: Confirmation of the origin of the chemicals from the exporting country.
  • Regulations: According to free trade agreements and regulations of the Ministry of Industry and Trade.
• Certificate of Quality:
  • Content: Certification that the chemicals meet quality standards.
  • Regulations: Issued by the Ministry of Industry and Trade and national quality standards.
• Import License:
  • Content: Necessary licenses for chemicals under special management categories.
  • Regulations: According to Circular 30/2019/TT-BCT dated August 22, 2019, by the Ministry of Industry and Trade.

2. Customs Declaration

2.1 Electronic Customs Declaration:

• Legal Regulations: According to Circular 39/2018/TT-BTC and Decree 85/2019/ND-CP dated November 15, 2019, on customs management.
• Process:
  • Log into the E-Customs system of the General Department of Customs.
  • Fill in the information about the goods, supplier, and transportation details.
  • Submit the declaration documents electronically.

2.2 Document Registration:

• Legal Regulations: According to Circular 39/2018/TT-BTC and Circular 38/2015/TT-BTC.
• Process:
  • Submit the declaration and related documents electronically or directly at the customs office.
  • Update information as requested by customs authorities.

3. Document Processing and Inspection

3.1 Document Processing:

• Legal Regulations: As per Decree 85/2019/ND-CP on customs management.
• Process:
  • Customs authorities review the validity of the documents and declaration information.
  • Confirm the documents if they are complete and valid.

3.2 Physical Inspection:

• Legal Regulations: Quality and chemical safety inspection regulations by the Ministry of Industry and Trade and the Ministry of Health.
• Process:
  • Inspect the goods at the port of entry or warehouse to ensure compliance with the declared information.
  • Confirm the chemical quality according to required standards.

4. Tax and Fee Payment

4.1 Import Tax:

• Legal Regulations: According to Decree 134/2016/ND-CP dated September 1, 2016, on export and import taxes.
• Process:
  • Calculate import tax based on the value of the chemicals and HS code.
  • Pay the tax as required by customs authorities.

4.2 Other Fees:

• Legal Regulations: Circular 39/2018/TT-BTC on customs service fees and related charges.
• Process:
  • Pay customs service fees and quality inspection fees (if applicable).

5. Clearance and Receipt of Goods

5.1 Obtain Clearance Decision:

• Legal Regulations: As per Decree 85/2019/ND-CP and Circular 39/2018/TT-BTC.
• Process:
  • After completing the steps and paying all taxes, obtain the clearance decision from customs authorities.

5.2 Goods Receipt:

• Process:
  • Release the goods after receiving the clearance decision.
  • Receive the goods at the registered warehouse or port.

6. Post-Import Management

6.1 Document Retention:

• Legal Regulations: Decree 85/2019/ND-CP and related regulations.
• Requirement:
  • Retain all documents related to the import process, including invoices, packing lists, certificates, and customs documents.

6.2 Compliance with Regulations:

• Legal Regulations: Chemical Law, Food Safety Law, and other relevant regulations.
• Requirement:
  • Ensure compliance with safety and chemical management regulations according to Vietnamese law.

7. Special Regulations and Conditions

7.1 Chemical Management List:

• Legal Regulations: Circular 30/2019/TT-BCT and related chemical management regulations.
• Requirement:
  • For chemicals under special management or hazardous categories, strict compliance is required, and special permits from specialized management agencies may be necessary.

7.2 Special Permits:

• Legal Regulations: Regulations of the Ministry of Industry and Trade, Ministry of Health, and other competent authorities.
• Requirement:
  • Some chemicals may require special permits or certifications from specialized management agencies.

Understanding and complying with the import procedures and customs regulations is crucial to ensure a smooth and lawful chemical import process. For additional information or specific inquiries, you should contact the customs authorities or seek professional consultancy services.