Here’s the detailed importing for the roll slitting machine for IpoLogistics, including legal aspects
1. Determine HS Code
The roll slitting machine falls under the category of industrial machinery. To accurately determine the HS code, you need to refer to the machine’s specifications and features. Typically, machinery related to this type may use HS code 84.79 (specific machinery).
- Reference Document: Circular 14/2015/TT-BTC dated January 30, 2015, by the Ministry of Finance, which provides the classification of imported and exported goods in Vietnam.
- Once the HS code is determined, you will know the applicable import tax rates, VAT, and any requirements for specialized inspections (if applicable).
2. Check Import Policies
The roll slitting machine is not listed among goods banned or restricted from import. However, you should verify whether it falls under the scope of specialized inspections or regulatory compliance requirements upon import.
- Legal References:
- Decree 69/2018/ND-CP detailing some provisions of the Law on Foreign Trade Management.
- Circular 23/2015/TT-BKHCN concerning the list of goods subject to quality inspection by state authorities.
3. Prepare Import Documents
The import documentation must be complete and comply with legal regulations. Required documents for importing the roll slitting machine include:
- International Sales Contract: Governed by Commercial Law 2005.
- Commercial Invoice: Reflecting the transaction value, serves as the basis for calculating import tax and VAT.
- Packing List: As per Article 24 of Circular 38/2015/TT-BTC and amended by Circular 39/2018/TT-BTC.
- Bill of Lading: Evidence of international transportation.
- Certificate of Origin (C/O): If applicable for enjoying tariff preferences under Free Trade Agreements (FTA), as per Decree 31/2018/ND-CP on rules of origin.
- Customs Declaration: Filed electronically via the VNACCS system according to Decree 08/2015/ND-CP and Circular 39/2018/TT-BTC.
- Other Documents: Technical documents (catalogs) for HS code verification, warranty documents if available.
4. Customs Declaration
- Proceed to declare the customs declaration via the VNACCS/VCIS system (electronic system of Vietnamese Customs). The company must register an account in the system and ensure a valid digital signature to declare online.
- Legal References:
- Customs Law 2014.
- Circular 39/2018/TT-BTC regarding electronic customs procedures.
5. Specialized Inspection Procedures (if applicable)
If the roll slitting machine requires specialized inspection prior to customs clearance, it must comply with quality inspection regulations for imported goods:
- Steps to Follow:
- Submit documentation to the specialized inspection authority (if required).
- Complete the quality inspection, measurement, and technical safety procedures.
- Legal References:
- Decree 74/2018/ND-CP detailing some provisions of the Law on Quality of Products and Goods.
- Circular 07/2017/TT-BKHCN and Circular 11/2012/TT-BKHCN on state inspection of imported machinery.
6. Tax Calculation and Payment
Taxes related to importing the roll slitting machine include:
- Import Tax: Based on the determined HS code.
- Value Added Tax (VAT): Typically 10%.Note:
- If the machine originates from countries with Free Trade Agreements with Vietnam, it may qualify for preferential tax rates.
- The company must pay the import tax and VAT before customs clearance.
- Legal References: Circular 39/2018/TT-BTC and various FTA commitments Vietnam participates in (such as CPTPP, EVFTA).
7. Physical Inspection of Goods and Clearance
After completing the declaration and tax payment procedures, Customs will inspect the goods (if under red channel) or check the documents (if under yellow channel). Goods may be cleared quickly if conditions are met.
- Green Channel: Goods are cleared immediately.
- Yellow Channel: Document checks; clearance will occur if everything is complete.
- Red Channel: Physical inspection of goods.
- Legal References: Customs Law 2014, Decree 08/2015/ND-CP.
8. Complete Procedures and Receive Goods
Once cleared, the company can proceed to the port to receive the goods or arrange for delivery as agreed with the transport unit.
9. Costs and Service Fees
In addition to import tax and VAT, other costs that may arise include:
- Container and storage fees (if goods are held at the port).
- Customs service fees: If hiring a customs agent for procedures.
- Inspection fees: If the machinery requires specialized checks.
10. Legal Regulations for Using Imported Machinery
After import, the company should check regulations regarding the use of imported second-hand machinery (if the machine is not brand new). Used machinery must comply with technical standards and safety regulations as per Decision 18/2019/QD-TTg by the Prime Minister regarding the import of used machinery, equipment, and technology lines.
Conclusion
IpoLogistics can provide comprehensive services from HS code lookup, obtaining permits, customs declaration, to clearance and delivery of goods. This ensures the import procedures for the roll slitting machine are conducted thoroughly, legally, and efficiently.