Import Procedures for Functional Foods by IPO Logistics

Importing functional foods is becoming increasingly important as consumer demand for health-supporting products continues to grow. However, importing functional foods into Vietnam is not a simple process. It requires businesses to understand and comply with legal regulations, ensure product quality, and complete customs procedures accurately. This article provides a comprehensive, detailed, and professional overview of the import procedures for functional foods, including key legal steps, detailed guidance, and relevant HS codes (Harmonized System), based on the expertise and professional services offered by IPO Logistics.

1. Functional Foods and Product Classification

1.1. Definition of Functional Foods

According to Vietnam’s Law on Food Safety, functional foods are products supplemented with nutritional ingredients or biologically active substances to support the body’s functions, enhance health, or reduce the risk of disease. Unlike regular food, functional foods provide specific health benefits rather than merely offering nutrients.

1.2. Classification of Functional Foods

Functional foods are classified into the following major categories:

Nutrient supplements: Products that provide essential vitamins and minerals.
Immune and digestive support foods: Often containing probiotics, prebiotics, or digestive enzymes.
Cardiovascular health support foods: Products containing omega-3 or antioxidants.
Weight loss and metabolic support foods: Functional foods aimed at improving metabolism.
Beauty support foods: Usually containing collagen and herbal extracts supporting skin and hair health.

2. HS Codes for Functional Foods

HS codes (Harmonized System) are essential for customs declarations, as they provide a globally standardized system for classifying goods. Correct classification is vital for determining tax rates and import policies.

2.1. Common HS Codes for Functional Foods

Depending on the ingredients and intended use of the product, functional foods may be classified under different HS codes. Here are some common HS codes:

HS Code 2106: General preparations of functional foods, including powders, tablets, or liquids.
HS Code 2936: Vitamins and provitamins, including organic compounds used as primary ingredients in functional foods.
HS Code 3004: Preparations containing probiotics and prebiotics for digestive support.
HS Code 2101: Herbal extracts, commonly used in products with natural ingredients.

Accurately determining the correct HS code helps businesses fulfill customs declaration requirements and avoid legal risks related to taxes and inspections.

3. Legal Regulations on Importing Functional Foods

3.1. Law on Food Safety

Under Vietnam’s Law on Food Safety (Law No. 55/2010/QH12), functional foods are strictly regulated by government authorities to ensure consumer safety. Imported products must meet all food safety standards, contain no banned substances, and ensure quality as per regulations from the Ministry of Health.

3.2. Circular 43/2014/TT-BYT

This circular provides detailed regulations on the management of functional foods, including product labeling, ingredient declaration, usage instructions, and product registration certificates. Importing businesses must register their products with the Ministry of Health and submit quality testing documentation before the products can be circulated in Vietnam’s market.

3.3. Quality and Quarantine Regulations

Imported functional foods must undergo quality testing conducted by designated authorities. Decision No. 46/2007/QD-BYT specifies the quality standards that products must meet. Products that fail to meet these standards will be refused entry or destroyed.

3.4. Product Labeling Regulations

Under Circular No. 38/2012/TT-BYT on product labeling, all imported products must display labels clearly stating product name, ingredients, usage instructions, expiration date, manufacturer information, and the importer’s address.

3.5. Advertising Regulations for Functional Foods

Circular No. 29/2018/TT-BYT governs the advertising of functional foods, emphasizing strict requirements to prevent any misleading information that could confuse consumers with medicinal benefits.

4. Import Process for Functional Foods

Importing functional foods is a complex process requiring careful preparation of documents and adherence to legal requirements. The process includes steps from preparing import documents to completing customs procedures and releasing products to the market.

4.1. Preparing Import Documentation

Businesses must prepare the following documents:

Business license: Including the import function for functional foods.
Product registration certificate: Issued by the Food Safety Department (Ministry of Health).
Commercial invoice: Detailing the product information, supplier, quantity, and value of the shipment.
Shipping documents: Bill of lading or other relevant delivery documents.
Certificate of Origin (C/O): Certifying the origin of the goods, typically required for determining tax policies.
Certificate of Free Sale (CFS): Issued by the exporting country to certify that the product is freely sold in its domestic market.
Product testing report: Issued by a designated authority in Vietnam.

4.2. Product Registration with the Ministry of Health

Product registration is mandatory before functional foods can be imported and circulated in Vietnam. The registration process includes:

Submitting product registration documents to the Food Safety Department.
Documents include: product quality declaration, certification from the exporting country’s authorities, and permits to distribute in the country of origin.
The review period typically lasts from 30 to 60 days, depending on the complexity of the product and documentation.

4.3. Customs Procedures

The customs declaration process requires accuracy and adherence to legal regulations for importing goods. Specific steps include:

Customs declaration form: Completing the customs declaration form, including product details, HS code, supplier information, transportation details, and the value of goods.
Submission of customs documents: Including all documents prepared in section 4.1.
Goods inspection: The customs authority inspects the shipment and compares it with the customs declaration form.
Payment of taxes and related fees: Including import tax (based on HS code and value of goods), value-added tax (VAT), and other fees.
Receiving customs clearance certificate: After completing all steps and paying taxes, the business receives the customs clearance certificate.

4.4. Post-Import Quality Control

After the product is cleared by customs, it may still undergo post-import quality inspection before being allowed to circulate in the market. The National Institute of Food Control is the primary authority responsible for conducting these inspections.

5. IPO Logistics’ Services for Importing Functional Foods

IPO Logistics is a trusted partner for businesses looking to import functional foods. The company provides comprehensive support, from preparing documents, customs declaration, to product transportation and quality control.

5.1. Legal Consultation

IPO Logistics offers complete legal consultation services to help businesses understand the legal requirements for importing functional foods.

5.2. Documentation Support

With a team of experienced experts, IPO Logistics ensures that businesses have all the necessary and accurate documents to avoid risks during the import process.

5.3. Customs Declaration

IPO Logistics performs swift and accurate customs declarations, ensuring that all legal procedures are completed smoothly and on time.

5.4. Transportation and Distribution

IPO Logistics has an extensive network of transport partners, ensuring that goods are safely and quickly delivered to consumers.

6. Conclusion

Importing functional foods is a process that requires caution and full compliance with legal regulations. Businesses must master the process, HS codes, and quality requirements to ensure imported products meet standards and are quickly brought to the market. With the support of IPO Logistics, this process becomes simpler and more efficient, helping businesses save time, reduce costs, and avoid legal risks.

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