Import procedures for instant noodles
1. Import Documentation Preparation
a. Commercial Documents:
Businesses need to prepare the following commercial documents:
- Sales Contract: Specifies the terms of the transaction between the importer and the supplier. It must comply with the Commercial Law 2005.
- Commercial Invoice: Confirms the value of the goods, according to Circular No. 39/2018/TT-BTC on international payment documents.
- Packing List: Clearly specifies the packaging method.
- Bill of Lading (or Airway Bill): A transportation document issued by the carrier, governed by the Maritime Code 2015.
b. Other Required Documents:
- Certificate of Origin: Applicable under free trade agreements that Vietnam is a part of (CPTPP, EVFTA). Refer to Decree No. 31/2018/ND-CP on the origin of goods.
- Customs Declaration: According to Decree No. 08/2015/ND-CP and amended by Decree No. 59/2018/ND-CP regarding customs procedures.
2. Product Announcement & Quality Inspection
a. Food Safety Inspection Registration:
Instant noodles are subject to food safety inspections under the Food Safety Law 2010. Businesses need to:
- Product Announcement as per Decree No. 15/2018/ND-CP: Applicable to processed products that must comply with food safety standards. Register at the Food Safety Department or local Health Department.
b. Documentation for Product Quality Announcement:
- Test Result Certificate: Required under Decree No. 15/2018/ND-CP, must have results within 12 months.
- Product Label: Must comply with Decree No. 43/2017/ND-CP on product labeling.
- Vietnamese Supplementary Label Sample: Ensure the product has a Vietnamese label providing information about ingredients, production location, and usage instructions.
c. State Inspection for Food Safety:
After announcing compliance, businesses must register for state inspection regarding food safety as per Circular No. 28/2021/TT-BYT issued by the Ministry of Health.
3. Customs Declaration
Businesses conduct customs declarations through the VNACCS/VCIS system according to Circular No. 38/2015/TT-BTC, amended by Circular No. 39/2018/TT-BTC.
a. HS Code for Instant Noodles:
- HS Code: 1902.30.00 (Noodles, rice noodles, vermicelli, or similar). Businesses should refer to the Current Import-Export Tariff Schedule per Decree No. 125/2017/ND-CP.
b. Import Tax and Tax Incentives:
- Import Tax: The applicable tax rate depends on the trade agreement; for example, goods from ASEAN may enjoy preferential rates under ATIGA or ACFTA.
- VAT: According to Value Added Tax Law No. 13/2008/QH12 and Decree No. 209/2013/ND-CP, the VAT rate for instant noodles is 10%.
c. Documents Required for Customs Declaration:
- Phytosanitary Certificate (if there are agricultural ingredients) as regulated by Circular No. 30/2014/TT-BNNPTNT.
- Animal Health Certificate (if there are animal ingredients) as per Circular No. 25/2016/TT-BNNPTNT.
4. Physical Inspection of Goods
In some cases, customs authorities may require a physical inspection of imported goods. This inspection process is governed by the Customs Law 2014 and Circular No. 38/2015/TT-BTC (amended by Circular No. 39/2018/TT-BTC).
5. Customs Clearance and Receipt of Goods
After completing the above steps, goods will be cleared by customs, and businesses can receive the goods according to Customs Law 2014. Businesses may store the goods in warehouses or distribute them in the market after obtaining food safety inspection results.
6. Post-Clearance Inspection
Customs authorities have the right to perform post-clearance inspections to ensure compliance with the law, as stated in Decree No. 59/2018/ND-CP. Businesses need to retain all related documentation for the imported goods for 5 years according to the Tax Administration Law 2019.
7. Important Notes
a. Product Labeling:
According to Decree No. 43/2017/ND-CP on goods labeling, imported instant noodles must have labels in Vietnamese containing the following information:
- Name of the product
- Ingredients
- Weight
- Place of production
- Usage and storage instructions
- Expiry date
b. Announcement and Review Time:
The registration and review process for product announcements can take 15-20 days, depending on the completeness of the documentation and the review process of the authorities.
c. Product Testing:
Before bringing products to market, they must be tested in accredited laboratories as required by Decree No. 15/2018/ND-CP.
Legal Contacts and Business Support
To facilitate and ensure compliance with legal regulations during the import process, businesses can contact legal professionals or legal services, such as:
- Lawyers specialized in import-export
- Comprehensive customs services offered by logistics companies, such as Ipologistics.
With the guidance above, businesses can easily reference legal regulations and prepare the procedures for importing instant noodles in accordance with current Vietnamese laws.