Exporting fresh sugarcane and sugarcane juice

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Exporting fresh sugarcane and sugarcane juice requires strict compliance with legal regulations, from preparing goods and documents to customs procedures. Below is a detailed and professional guide on the export process for these two products.

1. Identifying the HS Code

  • HS Code for Fresh Sugarcane: Usually HS 1212.99.90 – “Other vegetable products, whether or not processed, primarily used for making beverages or food, not elsewhere specified.”
  • HS Code for Sugarcane Juice: Usually HS 2009.81.00 – “Sugarcane juice, not fermented, not containing alcohol, whether or not sweetened.”

Accurate identification of the HS code is essential for determining tax rates, quarantine regulations, and customs procedures.

2. Checking Export Policies and Plant Quarantine

  • Sector-Specific Management: Fresh sugarcane and sugarcane juice are food products derived from plants, thus requiring food safety inspections and plant quarantine before export.
  • Plant Quarantine: According to Decree 15/2018/ND-CP and Circular 24/2017/TT-BNNPTNT, fresh sugarcane must undergo plant quarantine to ensure it is free from pests before export. Sugarcane juice, if processed and packaged according to standards, may not require quarantine but needs food safety inspection.
  • Phytosanitary Certificate: Issued by the quarantine agency of the Ministry of Agriculture and Rural Development, certifying that the product meets quarantine requirements for export.

3. Preparing Detailed Export Documents

The export documentation must include the following:

  • Sales Contract: Specifies the quantity, value, and delivery terms.
  • Commercial Invoice: Document confirming the value of the goods.
  • Packing List: Specifies the quantity and description of the product.
  • Bill of Lading: Issued by the shipping company or carrier, proving that the goods have been loaded onto the transport.
  • Certificate of Origin: Usually required when exporting to countries with free trade agreements with Vietnam, issued by the Vietnam Chamber of Commerce and Industry (VCCI) or the Ministry of Industry and Trade.
  • Phytosanitary Certificate: For fresh sugarcane.
  • Food Safety Certificate: For sugarcane juice.

4. Executing Detailed Customs Procedures

  • Customs Declaration: The company must file an electronic customs declaration via the VNACCS/VCIS system according to Circular 38/2015/TT-BTC and Circular 39/2018/TT-BTC.
  • Document and Goods Inspection: The customs authority will check the validity of the documents and conduct a physical inspection of the goods depending on the inspection channel. Fresh sugarcane is usually subject to stricter inspections to ensure it is pest-free.
  • Goods Classification and Supervision: The customs authority will classify the goods according to the inspection channels (green, yellow, red). Agricultural products typically have a higher likelihood of being physically inspected to ensure quality.

5. Paying Customs Duties and Fees

  • Export Duties: Generally, fresh sugarcane and sugarcane juice are not subject to export duties according to Decree 57/2020/ND-CP. However, businesses should check the current export tariff schedule for accurate determination.
  • Customs Fees: According to Circular 274/2016/TT-BTC, businesses must pay customs procedure fees. The specific fee depends on the type of export and the declaration method.

6. Receiving Documents and Delivering Goods

  • After completing customs procedures, the company will receive the necessary documents, such as the bill of lading, phytosanitary certificate, and certificate of origin, to deliver the goods to the partner.
  • Document Storage: According to the 2014 Customs Law, businesses must store all export documents for at least five years to facilitate post-clearance inspections or tax audits.

7. Related Legal Documents

  • Customs Law 2014: Governs activities related to customs, including customs procedures.
  • Decree 15/2018/ND-CP: Regulations on plant quarantine and food safety.
  • Decree 57/2020/ND-CP: Regulations on the export tariff schedule.
  • Circular 38/2015/TT-BTC and Circular 39/2018/TT-BTC: Detailed guidelines on customs procedures, inspection, and customs supervision.
  • Circular 274/2016/TT-BTC: Regulations on customs fees.

8. Risk Management and Post-Clearance Inspection

  • Post-Clearance Inspection: Businesses must be prepared for post-clearance inspections to ensure transparency and full compliance with legal regulations.
  • Risk Management: Exporting agricultural products always faces risks regarding product quality, food safety, and changes in import regulations of the partner country. Therefore, businesses need to establish risk management procedures and ensure compliance with international standards.

Understanding these steps and legal regulations will help businesses effectively and legally export fresh sugarcane and sugarcane juice. If you need further assistance in specific steps, I am ready to provide more detailed information or contact the relevant authorities.

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