Exporting Black Jelly Plants

Procedure for Exporting Black Jelly Plants

1. Overview of the Product

Black jelly plants (also known as xương sông) are valuable for their medicinal and food uses. This product is exported to meet the international demand for herbal medicines and functional foods.

2. Legal Requirements for Exporting Black Jelly Plants

2.1. Product Standards:

• Quality and Food Safety Standards: Black jelly plants for export must meet international quality standards and food safety requirements. The product should be free from harmful substances such as pesticides, heavy metals, and pathogens. Specifically, it must comply with Decree No. 15/2018/ND-CP and international standards like Codex Alimentarius.
• Phytosanitary Certificate: To ensure the product is free from pests and does not pose environmental risks, black jelly plants must have a phytosanitary certificate according to Circular No. 33/2014/TT-BNNPTNT. This certificate must be issued by the Plant Protection Department under the Ministry of Agriculture and Rural Development.

2.2. Requirements for Exporting Companies:

• Business Registration Certificate: The exporting company must hold a business registration certificate in accordance with The Enterprise Law 2020, with activities including the export of agricultural and medicinal products.
• Food Safety Certification: If the black jelly plants are processed into functional food products, the company needs a food safety certification in accordance with Decree No. 15/2018/ND-CP.

2.3. Export Documentation:

• Certificate of Origin (C/O): According to Circular No. 05/2018/TT-BCT, companies must apply for a Certificate of Origin from the Vietnam Chamber of Commerce and Industry (VCCI) or other authorized bodies to benefit from tariff reductions under free trade agreements (FTAs).
• Phytosanitary Certificate: The documentation includes a request for the phytosanitary certificate, product samples, and related documents such as origin certificates and commercial invoices. This process is governed by Circular No. 33/2014/TT-BNNPTNT.

3. Export Procedure for Black Jelly Plants

Step 1: Sign Export Contract

• Prepare the export contract: Enter into an export contract with the international partner, detailing terms such as price, quantity, quality, payment methods, delivery conditions (Incoterms), and insurance. The contract must comply with The Civil Code 2015.

Step 2: Production and Preparation of Goods

• Production and processing: Harvest and process black jelly plants according to international standards. Ensure the product is clean, uncontaminated, and meets quality requirements.

• Packaging and labeling: Package the product according to international standards to protect it during transportation. Labels must include product name, origin, ingredients, usage instructions, and warnings (if any), in accordance with Decree No. 43/2017/ND-CP.

Step 3: Obtain Phytosanitary Certificate

• Submit application for phytosanitary certificate: Request a phytosanitary certificate from the phytosanitary authority. Documentation should include the application form, product samples, and related documents. This procedure is governed by Circular No. 33/2014/TT-BNNPTNT.

Step 4: Obtain Certificate of Origin (C/O)

• Prepare the application: Submit the application for a C/O at VCCI or authorized agencies. The application includes a C/O request form, commercial invoice, packing list, sales contract, and other relevant documents. This process follows Circular No. 05/2018/TT-BCT.

Step 5: Customs Declaration

• Electronic declaration: Perform electronic customs declaration via the VNACCS/VCIS system. Required documents include the customs declaration form, commercial invoice, packing list, Certificate of Origin, and phytosanitary certificate. This procedure follows Circular No. 38/2015/TT-BTC.

Step 6: Customs Clearance

• Inspection and clearance: Customs authorities will review the documents and may conduct physical inspections if necessary. If all requirements are met, the goods will be cleared in accordance with Customs Law 2014.

Step 7: Goods Transportation

• Coordinate transportation: After clearance, coordinate with transport companies to deliver the goods to the importing market. Ensure compliance with international transport regulations and cargo insurance.

Step 8: Complete Tax and Fee Obligations

• Pay taxes and fees: Settle all relevant taxes and fees, including customs fees and phytosanitary inspection fees (if applicable). Tax and fee obligations are specified in Law on Export-Import Tax 2016 and Circular No. 274/2016/TT-BTC.

Step 9: Finalize Contract and Payment

• Complete the contract: After the goods are received and meet contract specifications, finalize payment and keep all necessary documentation for settlement.

4. Taxes and Fees

• Export Tax: According to the current export-import tax schedule, black jelly plants may be exempt from export tax. Companies should check specific information for accurate application.
• Customs Fees: Includes processing fees, storage fees, and other related services, as specified in Circular No. 214/2015/TT-BTC.
• Phytosanitary Inspection Fees: As per Circular No. 231/2016/TT-BTC on fees and charges in plant protection.

5. Considerations for Exporting Black Jelly Plants

• Product Quality Checks: Ensure the product meets international standards and is free from harmful substances. Conduct thorough inspections before export to avoid rejections or returns.
• Regulatory Updates: Stay updated on changes in regulations and export standards to ensure compliance and prevent legal issues.
• Preparation for Inspections: Be prepared for inspections and audits by customs and phytosanitary authorities to avoid potential issues.

6. Conclusion

Exporting black jelly plants requires meticulous preparation and strict adherence to legal regulations. Companies must follow all steps from production, quality control, to transportation and customs clearance to ensure that goods reach international markets effectively and maintain product integrity.