Chemicals are a very special import item, and there are many types of chemicals that are controlled by strict import regulations.
When carrying out procedures for importing chemicals, businesses need to pay special attention to the latest regulations in Decree 113/2017/ND-CP dated October 9, 2017 effective from November 25, 2017. 2017 details and guides a number of articles of the Law on Chemicals. Here are some notes when importing chemicals.
1. Chemicals are required to be declared through the national single-window portal
In Clause 1, Article 27 of Decree 113/2017/ND-CP stipulates: “Organizations and individuals importing chemicals must declare that they are responsible for declaring imported chemicals before customs clearance through the Portal. national one-stop shop”. Therefore, businesses register an account and declare on the national one-stop portal at www.vnsw.gov.vn.
Chemicals to be declared are those on the List of chemicals that must be declared in Appendix V of Decree No. 113/2017/ND-CP. To look up, it is necessary to base on the CAS code of that chemical. Then, immediately look up Decree 113 to see if it is in Appendix V or not. Each chemical requires an MSDS (Material Safety Data Sheet). In the MSDS, there will be the CAS code of each chemical component.
If that CAS code is in Appendix V of Decree 113/2017/ND-CP, immediately register an account on the national single-window system and declare chemicals. Once the dossier has been “notified of receipt”, you can proceed with customs procedures for your chemical import. Declare chemicals through the national one-stop system, the declaration procedure is relatively simple and the results will be received after 30 minutes.
It is worth noting that when looking up the CAS codes of chemicals that are both in Appendix V “List of chemicals to be declared” and in Appendix I “List of chemicals subject to conditional production and trading in the industrial sector” Import-export enterprises should pay attention. Because of the fact, “the list of chemicals subject to conditional production and trading in the industrial sector” is a list reserved for enterprises trading and using chemicals. If trading and producing chemicals are in this list, a license is required for such business and production. This permit is issued by the Department of Chemicals.
2. Cases of exemption from declaratio
According to Article 28 of Decree No. 113/2017/ND-CP, the following cases when importing chemicals are exempt from declaration:
- Chemicals are manufactured and imported in service of security and defense, responding to natural disasters and emergency epidemics.
- Chemicals are drug precursors, explosive precursors, industrial explosives and table chemicals that have been licensed for production and import.
- Imported chemicals under 10 kg/one time import. The exemption mentioned at this point does not apply to chemicals restricted from production and trading in the industrial sector.
- Chemicals being raw materials for drug production have already obtained a certificate of drug registration in Vietnam, and raw materials for drug production are active ingredients for production according to drug registration dossiers that have already obtained a certificate of drug registration in Vietnam. Vietnam.
- Chemicals used as raw materials for the production of pesticides have obtained a certificate of registration of pesticides in Vietnam.
- In case chemicals purchased from inland by enterprises are listed in Appendix V but are exempt from declaration above, when carrying out on-spot import procedures, enterprises are exempt from chemicaldeclaration. If not falling into the cases of exemption from declaration as prescribed above, when importing, enterprises must declare chemicals according to the provisions of Decree 113/2017/ND-CP.
3. Dossier of chemical declaration
According to Article 27 of Decree 113/2017/ND-CP, after successfully registering an account on the National Single Window, enterprises need to prepare a number of main documents including:
- Chemical declaration form (according to the form);
- Invoice for purchase and sale of chemicals (Invoice, packing list);
- Chemical safety sheet in Vietnamese;
- In case for non-commercial goods there is no invoice for purchase and sale of chemicals, organizations and individuals declaring chemicals can use the notice of goods return to the port instead of commercial invoices.
- After declaring the chemicals, they will carry out normal customs clearance procedures like for other shipments.
1. A customs declaration dossier includes:
Comply with Clause 5, Article 1 of Circular 39/2018/TT-BTC dated April 20, 2018 amending and supplementing Article 16 of Circular 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. Customs dossiers for imported goods include:
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