The Import Procedure for Antiques

The Import Procedure for Antiques into Vietnam

The Import Procedure for Antiques  is a unique legal and technical process that requires a deep understanding of strict cultural heritage protection laws, customs requirements, and necessary procedures to ensure the goods are cleared smoothly. Below, Ipologistics provides clients with a comprehensive and detailed look at the process of importing antiques into Vietnam, while explaining the relevant legal regulations, customs procedures, tax policies, and HS codes.

1. Introduction to Antiques and Basic Legal Regulations

1.1. Definition of Antiques

Antiques are items with historical, cultural, or artistic value that are over 100 years old. These include items such as paintings, sculptures, furniture, decorative objects, and more. However, to ensure legality and avoid legal complications, importing antiques into Vietnam requires compliance with specific cultural heritage protection laws and international agreements that Vietnam has signed.

1.2. Key Legal Regulations Related to Antiques Import

Importing antiques into Vietnam is not merely a commercial transaction; it is also governed by laws designed to protect cultural heritage, aiming to prevent the illegal trade of valuable historical items. The main legal regulations include:

• Cultural Heritage Law 2001 (revised and amended 2009): Antiques must be protected under the provisions of the Cultural Heritage Law, particularly those concerning the export and import of cultural artifacts.
• UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property: Vietnam is a signatory to this convention and is committed to protecting cultural heritage from illegal trade.
• Decree No. 98/2020/ND-CP on administrative penalties in customs: Any violations of the import procedures for antiques may be subject to administrative or criminal penalties depending on the severity of the violation.

2. The Process of Importing Antiques into Vietnam

The process of importing antiques into Vietnam can be divided into several distinct steps:

2.1. Step 1: Verify the Legality of Antiques

Before proceeding with the importation of antiques, you need to verify that the item is legal for export from the country of origin and import into Vietnam. This involves the following tasks:

• Certificate of legal origin: You must have the proper documentation to prove the legal origin of the antiques, avoiding items that are prohibited from export or lacking legal certification.
• Certificate of cultural heritage value: Antiques must be certified as having cultural, historical, or artistic value. This can be done through expert appraisal by authorized organizations.
• Check the export prohibition list of the country of origin: Ensure that the antiques are not included in the list of prohibited export items from the country of origin to avoid legal risks.

2.2. Step 2: Apply for Import Permit from the Ministry of Culture, Sports, and Tourism

After verifying the legality of the antiques, the next step is to apply for an import permit for antiques from the Ministry of Culture, Sports, and Tourism (MoCST). This is a crucial and mandatory step, as only with this permit can antiques be legally imported into Vietnam.

Documents Required:

• Application for an antique import permit.
• Detailed description of the antiques: Including images, size, material, age, and cultural/historical value of the items.
• Expert appraisal certificate: Certification from an authorized organization verifying the age and value of the antiques.
• Proof of legal origin.

The permit issuance process may take from 15 to 30 working days. Depending on the type and complexity of the antiques.

2.3. Step 3: Customs Declaration

Once you receive the import permit from the MoCST, you need to proceed with the customs declaration so that the antiques can be cleared. The customs procedure involves declaring the correct details about the imported goods and demonstrating that you have complied with all the necessary legal steps.

Required Documents for Customs Declaration:

• Customs declaration form (HQ01).
• Antique import permit.
• Commercial invoice.
• Bill of Lading/Airway Bill.
• Detailed list of antiques.
• International payment documents (if applicable).

Note that customs authorities will require an inspection of the antiques to verify their authenticity and ensure they match the declared information.

2.4. Step 4: Receive Goods and Final Inspection

After completing the customs procedures and clearing the goods, you can receive the antiques from the warehouse. However, before accepting the items, you need to inspect them to ensure they have not been damaged during transit and that they match the declared details.

3. Tax Policies and Relevant HS Codes for The Import Procedure for Antiques

3.1. HS Code

Antiques are classified under HS Code 9706.00 in the international goods classification system (HS Code). This code is applied to all antiques over 100 years old, including paintings, sculptures, furniture, and decorative items with historical or cultural value.

3.2. Import Taxes and Exemption Policies

For antiques imported into Vietnam, depending on their intended use and specific regulations, the following tax policies may apply:

• Exemption from import tax: Antiques imported for preservation, research, or display at museums may be exempt from import taxes. However, you need to provide sufficient documentation to prove the legitimate purpose of the import.
• Standard import tax: For antiques imported for commercial purposes, the applicable import tax will follow the current regulations.

4. Key Legal Provisions

4.1. Cultural Heritage Law

Under Article 43 of the Cultural Heritage Law 2001, antiques must be protected according to the provisions of the law. The regulations require that all antiques imported into Vietnam be inspected and verified to ensure they do not violate national ownership rights and are not prohibited from export by the country of origin.

4.2. UNESCO 1970 Convention

Vietnam is a member of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970). This convention aims to protect cultural heritage of member countries and prevent the illegal trade of antiques.

4.3. Penalties for Violations

• Administrative penalties:

Failure to comply with the import procedures for antiques may result in fines ranging from VND 10 million to VND 50 million, according to Decree 98/2020/ND-CP.

• Criminal penalties:

If an illegal trade of antiques is found, violating cultural heritage protection laws. You may face severe penalties under Article 12 of the Criminal Code 2015.

5. Conclusion

Importing antiques is a process that requires careful preparation and a thorough understanding of the legal regulations and customs procedures involved. Ipologistics is committed to supporting our clients throughout the entire process, from preparing legal documents and customs declarations to applying for import permits from the Ministry of Culture, Sports, and Tourism.

Contact us for detailed consultation and assistance, and we will guide you through successfully importing antiques while ensuring full compliance with Vietnamese and international laws.