Food import process in vietnam requires strict adherence to regulations and legal requirements to ensure food safety and protect public health. Below is a detailed guide to the process, including the relevant legal aspects:

1. Preparation of Import Documents

1.1. Business License

Legal Requirement: To carry out food imports, businesses need to have a valid business license related to the food industry, as per the Law on Enterprises 2020 and its implementing regulations. This license must be issued by the local business registration authority and must align with the type of food business.

1.2. Certificate of Food Safety Compliance

Legal Basis: According to Decree 15/2018/ND-CP on food safety management, the importing facility must obtain a Certificate of Food Safety Compliance from relevant authorities, such as the Food Safety Department under the Ministry of Health or equivalent state agencies.

2. Registering Import Declaration

2.1. Import Declaration

Legal Requirement: The import declaration must be filed with the customs authority as stipulated by the Customs Law 2014 and its guiding documents. The declaration should include detailed information about the goods, supplier, and transportation details.

2.2. Commercial Invoice

Legal Basis: The commercial invoice must comply with Circular 39/2014/TT-BTC on invoices for goods and services. The invoice should clearly state information about the type of goods, quantity, value, and trade terms.

2.3. Bill of Lading

Legal Requirement: The Bill of Lading or Airway Bill is a crucial document proving the transportation and ownership of the goods, according to the Law on Commercial Contracts 2005 and related regulations.

3. Quality and Food Safety Inspection

3.1. Certificate of Origin (C/O)

Legal Basis: The Certificate of Origin is required to confirm the origin and quality of the product, in accordance with Circular 21/2017/TT-BCT on origin management. This certification verifies the product’s origin and compliance with quality standards.

3.2. Quality Inspection Certificate

Legal Requirement: For certain food products, a quality inspection certificate from a competent authority or certification body is required. This is governed by Decree 15/2018/ND-CP and other regulations related to food safety.

3.3. Food Safety Certificate

Legal Basis: The Food Safety Certificate must be issued according to Decree 15/2018/ND-CP. For processed food products, this certificate ensures that the products meet the safety standards required by Vietnamese law.

4. Inspection and Customs Clearance

4.1. Customs Inspection

Legal Requirement: Customs inspection is conducted according to the Customs Law 2014 and related guiding documents. Customs authorities will verify the documents and goods to ensure compliance with the declared information.

4.2. Quality Inspection

Legal Basis: The Food Safety Department or relevant authorities may conduct quality inspections at the port or warehouse to ensure that products meet quality and safety standards, as outlined in Decree 15/2018/ND-CP and national food quality standards.

5. Payment of Taxes and Fees

5.1. Import Duty

Legal Requirement: Payment of import duties must be made according to the Law on Export-Import Duties 2016 and its guiding documents. The duty is calculated based on the value of the goods and applicable tariff rates for different product categories.

5.2. Customs Fees

Legal Basis: Payment of customs fees is required under Circular 39/2018/TT-BTC and related regulations on customs service fees.

6. Receiving and Delivering Goods

6.1. Receiving Goods

Legal Requirement: After completing customs procedures and quality inspections, receive the goods from customs warehouses or storage locations. Ensure that the quantity and quality of goods are verified before acceptance, in line with Circular 38/2015/TT-BTC on customs procedures.

6.2. Delivery

Legal Requirement: Deliver the goods to the intended recipient, distributor, or storage facility as planned. Ensure all related documentation is accurately processed and records are kept as required.

7. Document Retention

7.1. Document Storage

Legal Requirement: Retain all import-related documents, including invoices, declarations, quality certificates, and permits, in accordance with the Customs Law 2014 and its guiding documents. Records should be kept for at least 5 years for future inspections and monitoring.

Legal Notes

Compliance with Legal Regulations: Ensure full compliance with food safety and legal regulations, including Decree 15/2018/ND-CP and national food quality standards.
Regulatory Certification: Certain food products may require regulatory certification to ensure they meet technical and quality standards as stipulated by Vietnamese law.

This guide provides a comprehensive overview of the food import process into Vietnam with detailed legal aspects. If you have further questions or need additional assistance, please feel free to contact us!

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