Procedures for Importing Induction Cooktops and Infrared Cookers
1. General Introduction
Induction cooktops and infrared cookers are popular household appliances that meet the modern cooking needs of consumers. Importing these products into Vietnam requires businesses to comply with several legal regulations, including conformity certification, quality control, product labeling, and related customs procedures. Below is a step-by-step detailed guide.
2. Legal Framework
The main legal documents governing the import of induction cooktops and infrared cookers include:
- Customs Law No. 54/2014/QH13: Regulations on customs procedures, customs inspection, and supervision.
- Foreign Trade Management Law No. 05/2017/QH14: Regulations on foreign trade management measures, including import activities.
- Decree No. 69/2018/ND-CP: Detailed regulations on foreign trade management measures.
- Decree No. 74/2018/ND-CP: Amending and supplementing Decree No. 132/2008/ND-CP on the management of product and goods quality.
- Decree No. 43/2017/ND-CP: Regulations on product labeling.
- Circular No. 07/2017/TT-BKHCN: Guidelines on conformity certification and declaration.
3. HS Code Identification and Tariff Policy
- HS Code: Induction cooktops and infrared cookers are typically classified under HS code 8516.60.90. This code is for electric stoves and other electric cooking appliances. Accurately determining the HS code is essential for applying the correct tax rates and relevant legal requirements.
- Tariff Policy:
- Import Duty: Determined based on the specific HS code and may vary depending on the origin of the goods under free trade agreements that Vietnam participates in.
- Value-Added Tax (VAT): 10% of the goods’ value.
- Safeguard or Anti-Dumping Duty: If applicable, additional duties will be applied.
4. Detailed Import Process
4.1. Registering for Product Quality Inspection
- Legal Requirements: According to Decree No. 74/2018/ND-CP and Circular No. 07/2017/TT-BKHCN, all induction cooktops and infrared cookers must undergo quality inspection before importation.
- Procedure:
- Filing Registration Dossier: Businesses submit a quality inspection registration dossier to the Directorate for Standards, Metrology and Quality (Ministry of Science and Technology).
- Dossier Includes: Purchase contract, commercial invoice, bill of lading, technical documents (catalogue), and quality inspection registration form.
- Quality Inspection: The inspection agency will take samples and conduct tests. If the requirements are met, the agency will issue a Quality Certificate, which is a mandatory condition for customs clearance.
4.2. Conformity Certification and Declaration
- Legal Requirements: According to Circular No. 07/2017/TT-BKHCN, induction cooktops and infrared cookers must be certified for conformity and declared as such.
- Conformity Certification Process:
- Contact a Certification Body: Businesses need to select a designated conformity certification body to conduct the evaluation.
- Conformity Certification: After inspection and evaluation, if the product meets the requirements, the organization will issue a conformity certificate.
- Conformity Declaration: After receiving the certificate, businesses must declare conformity at the Department of Science and Technology where the business is headquartered.
4.3. Product Labeling
- Legal Requirements: According to Decree No. 43/2017/ND-CP, product labels must clearly and fully display information such as:
- Product name, manufacturer’s name, and production address.
- Name and address of the organization or individual responsible for the product in Vietnam.
- Country of origin, main technical specifications, usage instructions.
- Safety warnings and other information as required by law.
4.4. Customs Clearance Procedures
- Customs Dossier: The import dossier includes:
- Customs declaration form (according to the General Department of Customs template).
- Commercial Invoice.
- Bill of Lading.
- Certificate of Origin (C/O).
- Quality certificate and conformity certificate.
- Tax Payment Procedures: Businesses pay import duties and VAT at the customs branch. After paying taxes, the goods will be cleared if all legal and technical requirements are met.
4.5. Post-Clearance Inspection
- Legal Regulations: According to Decree No. 08/2015/ND-CP, after the goods have been cleared, customs authorities have the right to re-inspect the dossier and goods to ensure compliance with legal regulations.
- Post-Clearance Inspection: Customs authorities may conduct inspections at the business’s premises. If violations are detected, businesses may be subject to administrative penalties, tax collection, or other legal actions.
5. Important Notes When Importing Induction Cooktops and Infrared Cookers
- Carefully Check HS Code: Ensure accurate determination of the HS code to avoid errors in tax calculation and customs procedures.
- Strictly Adhere to Conformity Certification and Declaration Requirements: Products cannot be marketed if they lack conformity certification and declaration.
- Proper and Accurate Labeling: Correct labeling according to regulations will help avoid legal issues and enhance the business’s credibility.
6. Conclusion
Importing induction cooktops and infrared cookers is a complex process that requires businesses to understand the legal regulations and properly execute the necessary procedures. From quality inspection, conformity certification to product labeling and customs clearance, each step plays a crucial role in ensuring the goods are cleared and legally marketed. Careful preparation and strict adherence to regulations will help businesses avoid unnecessary risks, while optimizing costs and time in the import process.