Importing Insect Traps

Detailed Guide on Importing Insect Traps into Vietnam

Importing insect traps into Vietnam requires compliance with various legal regulations, customs procedures, and technical standards to ensure that the goods meet the state’s requirements. Below is a detailed and professional guide on the necessary steps, along with the relevant legal bases.

1. Determine HS Code and Product Management Policies

Determining the HS Code is the first crucial step in the import process, as it will dictate the management policies, tax rates, and other import requirements. For insect traps, the two HS Codes often considered are:

• HS Code 8543: For electrical machines and apparatus with specific functions, not covered elsewhere. If the insect trap is mainly designed to kill insects electrically, with the lighting function as secondary, this code is appropriate.
• HS Code 9405: For lamps and other lighting equipment. If the insect trap primarily functions as a lighting device, with insect trapping as a secondary function, this code may apply.

Note: Businesses should consult customs authorities or use HS Code consulting services to ensure they choose the most suitable code for their product.

Legal Basis:

• Circular 65/2017/TT-BTC: Regulation on the Vietnam import-export nomenclature.
• Decree 69/2018/ND-CP: Detailing some articles of the Law on Foreign Trade Management.

2. Prepare Import Documentation Importing Insect Traps

To proceed with the import of insect traps, businesses must prepare a complete set of documents, including:

• Commercial Contract: The agreement between the importer and the supplier.
• Commercial Invoice: Determines the value of the goods, used to calculate import duties.
• Packing List: Details on the packaging, quantity of packages, and other related information.
• Bill of Lading: Transport document confirming that the goods have been shipped.
• Certificate of Origin (C/O): Proves the origin of the goods, which may help reduce import duties under trade agreements.

Legal Basis:

• Circular 38/2015/TT-BTC and Circular 39/2018/TT-BTC: Regulations on customs documentation.
• Customs Law No. 54/2014/QH13: Regulations on customs documentation and procedures.

3. Quality Inspection and Conformity Certification

As insect traps are electrical products that can impact user safety and health, they must comply with quality inspection and conformity certification regulations before being imported.

Steps to be taken include:

• Register for Import Quality Inspection: Businesses must register for inspection at designated testing agencies, such as Quatest 1, Quatest 3.
• Product Quality Inspection: The testing agency will inspect and issue a Certificate of Conformity if the product meets the requirements.
• Declaration of Conformity: Businesses must declare conformity at the Department of Industry and Trade or the relevant state management agency before the goods are circulated in the market.

Legal Basis:

• Decree 74/2018/ND-CP: Amending and supplementing some articles of Decree 132/2008/ND-CP on quality inspection of products and goods.
• Circular 28/2012/TT-BKHCN: Regulation on conformity declaration.

4. Customs Declaration and Clearance Procedures

After completing the documentation and quality inspection, businesses need to perform customs declarations and clearance procedures to bring the goods into the domestic market.

Steps for customs declaration:

• Submit an electronic customs declaration: Through the VNACCS/VCIS system. This is an automated declaration system that helps reduce time and costs.
• Pay import duty and VAT: Import duty will be calculated based on the CIF value of the goods, along with a standard VAT of 10%.
• Goods inspection procedures: Customs may require an actual inspection of the goods to verify the validity of the documents and the accuracy of the customs declaration.

Customs clearance: After completing all procedures and fully paying the taxes, the shipment will be cleared, and the business can circulate the goods in the market.

Legal Basis:

• Circular 38/2015/TT-BTC and Circular 39/2018/TT-BTC: Regulations on customs declaration and clearance procedures.
• Tax Administration Law No. 38/2019/QH14: Regulations on tax administration.

5. Import Documentation Storage

After the goods have been successfully cleared and imported, businesses must store all import documentation for a certain period to be ready for inspection by the authorities.

• Storage period: Import documentation must be stored for at least 5 years according to legal regulations.
• Documents to be stored: Include all documents related to the imported shipment, such as contracts, invoices, customs documents, certificates of conformity, and other related documents.

Legal Basis:

• Accounting Law No. 88/2015/QH13: Regulation on the storage of accounting documents.
• Circular 39/2018/TT-BTC: Regulation on customs documentation storage periods.

6. Other Legal Requirements

In addition to the import procedures, businesses should pay attention to other legal requirements related to insect traps:

• Environmental Protection: Insect traps may contain hazardous substances such as mercury or other chemicals. Therefore, compliance with environmental protection regulations during import, use, and disposal is required.
• Intellectual Property: Ensure that the product does not infringe on intellectual property rights, such as copyrights, trademarks, or patents. Infringement could result in fines, and the goods may be confiscated.

Legal Basis:

• Environmental Protection Law No. 55/2014/QH13: Regulation on environmental protection in the import of goods.
• Intellectual Property Law No. 50/2005/QH11: Regulation on intellectual property rights.

Conclusion

Importing insect traps requires strict compliance with legal regulations and customs procedures. Businesses need to determine the appropriate HS Code, prepare complete import documentation, perform quality inspections, and correctly follow customs declaration procedures to ensure a smooth and lawful import process. Understanding the legal requirements not only helps businesses avoid legal risks but also ensures safety for users and compliance with environmental protection regulations.