1
TARIFF MEASURES
Structure
of the tariff schedule
Vietnam applies a six-digit
tariff nomenclature basically corresponding to the Harmonized Commodity
Description (HS 96) as of 1 January 2000. Some sub-headings are further
elaborated at an eight-digit level for tariff and statistical purposes.
Vietnam will fully comply with the HS Convention within a 5-year period.
The three-tiered tariff schedule consists of normal tariffs, MFN tariffs
and preferential tariffs.
In
line with AFTA (Asean Free Trade Agreement), Vietnam is converting its
current 6-digit tariff nomenclature into 8-digit system, i.e. the Asean
Harmonized Tariff Nomenclature (AHTN), which is based on the World Customs
Organization's HS2K.
Tariff
publications
Current information on customs
related matters is available from General Department of Customs, 51 Nguyen
Van Cu, Gian Lam, Hanoi, Vietnam.
| 11 |
Customs
tariff rates are set by Decision No. 280/ttg of 25 April 1994 and are amended
according to international changes; tariff rates range from 0 to 60%.
Three
kind of tariff rates apply to imported goods:
 |
Ordinary
tariffs apply to goods originating from countries that have not exchanged
normal Trade Relations (NTR) agreements with Vietnam; |
 |
The Preferential
Tariffs are set on goods imported from countries having NTR status with
Vietnam; and |
 |
The Special
Tariffs apply to goods imported from countries having exchanged special
preferential tariffs agreements with Vietnam, e.g. ASEAN member countries. |
With reference
to 1 of September 2003 governmental decision, tax rates covering sensitive
products such as automobiles, used cars and special purpose vehicles, are
higher in order to protect local industries. The new list comprising
10,721 tariff lines compared to the 6,512 lines of 1995, is based on the
HS 2002 classification of WCO and the ASEAN Harmonized Tariff Nomenclature.
As of
6 May 2003 import duty on fuel has been adjusted to be higher, levying
at 30% the following goods: light oil and some preparations such as leaded
or lead-free motor petrol, naphtha, reformate and preparations for blending
petrol. A rate of 15% applies to kerosene, diesel oil and other types
of fuel; as the adjustment has added petroleum oil and oil obtained from
bituminous minerals to the list of dutiable goods, crude oil is levied
at 15%, condensate oil at 5% and other oil in crude form at 15%.
Imports
of garments, footwear, soft drinks, cosmetics and automobiles are levied
at duties ranging from 50% to 60%. |
| 12 |
MFN tariffs apply to goods
originating from countries, which have MFN trade agreements with Vietnam.
MFN rates equal to 50 per cent less than normal tariff rates.
Exceptions
to MFN treatment cover special treatment granted to other countries within
free trade areas such as AFTA or NAFTA, and special procedures for border
trade. |
| 16 |
Materials and semi-processed
products generally used as input materials for business manufacture that
cannot be made domestically is exempt from import duty as regulated in
Art. 1 of Prime Ministerial Decision No. 176/1999/QD-TTg of 26 August 1999.
The new Foreign Investment
Law of May 2000 repeats the import duty exemptions already promulgated
in Decree 10 and decree 12. In addition, raw materials and materials,
and components imported for manufacturing purposes for especially encouraged
investment projects and projects implemented in difficult socio-economic
conditions will be exempted from import duties for a period of five
years after the commencement of production activities.
Materials and products imported
for producing export products receive import duty reductions in proportion
to their percentage in export products. The procedure for import
tax reduction is outlined in the Law on Import-Export Tax of 26 December
1991 and its implementing Decree No. 54/CP of 28 August 1993.
Goods intended for educational
and scientific use, training and research purposes, or national security
and defence are eligible for reduced rates of import duties.
As
of 1 September 2003, the government has enacted a new list of preferential
tariffs, reducing the duties to 15 rates ranging between 0 and 100% with
an expanded tax base.
Duty
exemption is set on goods imported temporary for exhibition, at the end
of which they must be re-exported.
Are generally
exempted from import duty levies, imports of machinery, equipment, and
medicine. |
| 19.2 |
The Association of South-East
Asean Nations (ASEAN) decided in 1992 to establish an ASEAN Free-Trade
Area (AFTA) by the year 2008, later brought forward to 2003 for the six
original founding members of ASEAN, Brunei Darussalam, Indonesia, Malaysia,
the Philippines, Singapore, and Thailand. Vietnam joined in 1995,
Laos and Myanmar in 1997, and Cambodia in April 1999. In December
1998, the ASEAN members decided to accelerate the completion of the ASEAN
Free-Trade Area. In this regard, the six original founding members
would advance their tariff reductions to 0-5% from 2003 to 2002.
Vietnam would implement its tariff reductions to 0-5% by 2003, and Laos
and Myanmar by 2005. In September 1999, the Protocol on special agreement
on sensitive and high sensitive agricultural products was signed, according
to which, Vietnam committed to reduce tariff rates for such products to
0-5% by 2013. The sensitive products of ASEAN countries
include mainly poultry and swine products, coffee, tea, copra, manioc and
rice.
In the
year 2015, final reductions will be achieved by Vietnam, Cambodia, Lao
People's Democratic and Myanmar. Since 1 of January 2003, the ASEAN
countries have announced the abolishment of tariffs on 60 per cent of traded
goods and the introduction of a 5% on import tariffs within its six original
members, i.e. the Philippines, Brunei, Indonesia, Malaysia, Singapore,
and Thailand. Products affected essentially by this measure are electronic
products, machinery items and petrochemicals. Goods excluded from
the tariff reduction agreements are goods of key industries in some of
the member countries; for example, the Philippines and Indonesia will delay
the 5% cap on sugar and petroleum, and Malaysia will shelve the cap on
car imports, until 2005. As for the four ASEAN's latecomers i.e.
Vietnam, Cambodia, Lao People's Democratic Republic and Myanmar, they will
introduce the 5% tariff cap only in 2010.
ASEAN member states decided,
in December 1998, to expand access to the 1996 Basic Agreement on the ASEAN
Industrial Cooperation (AICO) Scheme, which promotes joint manufacturing
industrial activities between ASEAN-based companies. AICO provides
tariff preferences on inputs sourced in the region.
The eight
ASEAN summit was held in Phnom Penh, Cambodia, from 4 to 6 November 2002.
During this meeting, several free trade plans were developed involving
14 Asian countries, i.e. the 10 ASEAN members such as Brunei, Cambodia,
Indonesia, Lao PDR, Myanmar, the Philippines, Singapore, Thailand and Vietnam,
China, India, Japan and the Republic of Korea. The objectives of
these free trade plans are to quicken the pace of trade liberalization
and foster multilateralism in the region.
Vietnam is a participant in
the East Pacific Economic Cooperation (APEC) forum, formed in 1989.
The objective of the agreement is to implement free trade among the member
countries by the year 2020, with advanced industrialized countries realizing
the goal by the year 2010. Individual action plans for each member
country were established to outline a path to the goal. On 10 November
2000, APEC leaders agreed to EVSL (early voluntary sectorial liberalization)
in 15 sectors, that is liberalization before the agreed goals of 2010 or
2020, respectively. |
| 19.3 |
A new
trade initiative between the ASEAN and the U.S.A. has been set up as the
Enterprise for Asean Initiative (EAI), which objectives aim at developing
the Southeast Asian Region, and enhance close U.S. ties with ASEAN. The
EAI offers bilateral free trade agreements (FTAs) between the United States
and individual ASEAN countries, by determining jointly the launching of
FTA negotiations. ASEAN members and China leaders decided in Brunei
on November 2001 to work on creating a free trade area within the next
ten years.
The United
States-Vietnam Bilateral Trade Agreement came into force on 10 December
2001; it covers among other things, both tariff and non-tariff barriers.
It provides MFN tariff rates for U.S. origin goods.
Under
the agreement, Vietnam has begun phasing in WTO standards for customs,
licensing, technical standards, sanitary and phytosanitary measures.
TREATI,
or Trans-Regional EU-ASEAN Trade Action Plan, was launched on 9 July 2003
by the European Commission with the objective of boosting trade between
the two regions. This action aims at enhancing relations with ASEAN
members.
Vietnam
held a forum with African nations, aiming at promoting economic relations,
as a result, Vietnam has signed two agreements on trade with Namibia and
Sierra Leone. Vietnam will export to the African continent, electronic
appliances, garments, footwear, plastic wares, pepper and rice, and will
import in turn, cashew nuts, cotton and timber. |
2
PARA-TARIFF MEASURES
| 21 |
"A price
differential surcharge ranging from 4 to 40% is levied on certain sensitive
goods such as glassware, construction glass, paper, steel, ceramic products
and alcoholic goods, in order to equalize domestic and international prices
for these goods. |
| 22.9 |
"Non-tax
surcharges" of about 5-10 per cent of the c.i.f value of goods, are imposed
selectively on some imports on a temporary basis to fund the Price Stabilization
Fund. |
Internal
taxes and charges levied on imports
| 23.1 |
A value added tax is in effect
since 1 January 1999. The standard rate of 10% applies to most imports.
Essential goods such as foodstuffs and medicines, goods for industrial
use, and goods required for scientific and educational purposes are taxed
at 5%, luxury goods at 20%. Goods subject to excise tax are not subject
to value added tax.
Vat applies
to imported and locally produced goods; yet companies imported machinery,
equipment and certain types of transport are exempted from VAT levies when
the goods are considered as fixed assets and not produced in Vietnam.
Amendments to VAT Law are in force as of 1 of January 2004. |
| 23.2 |
Special sales tax (excise
tax) with rates ranging from 15% to 100% are levied on such goods as cigarettes,
alcohol, spirit and beer, automobiles with 24 seats or less, and other
miscellaneous items including all kinds of gasoline, and firecrackers,
air conditioners with capacity of 90,000 BTU or less, playing cards, and
joss-paper.
In 2003,
the Law on Special Consumption tax has been amended focussing on taxable
objects, taxable prices, tax rates, exemptions, special reductions, and
those amendments are in force as of 1 January 2004.
The
luxury tax on imported passenger cars is levied at the following rates:
100% on vehicles with five or fewer seats, 60% on cars between six and
15 seats; and 30% on cars between 16 and 24 seats. |
| 24 |
The
customs valuation system is based on price list provided by Customs Office
since 2001, however, Law on Customs created provisions to allow importer
to clear goods by paying their import duties within 8 working hours from
the submission of Customs declaration for such imported goods when valuation
is not completed.
Another
valuation system lays upon the transaction value of identical goods, by
taking into account the resale price, less costs such as customs duties,
taxes, and commissions; in addition the valuation is based on either FOB
or CIF value. |
3
PRICE CONTROL MEASURES
Administrative
pricing
| 31.1 |
Under Decision No. 164/2000
issued by the Ministry of Finance of 1 July 1999, the list of items subject
to minimum prices for customs valuation purpose consists of the following
commodity groups: beverages, tyres, rubber inner
tubes, mud-resistant fronts used for cars, motorcycles, and bicycles, floor
tiles, sanitary wares, construction glass and vacuum flasks, engines,
electric fans, motorcycles and unprocessed tobacco. |
Variable
charges
| 33.1 |
Price stabilization surcharges
of about 5-10% ad valorem are levied on imports of petroleum, iron and
steel, and fertilizers. Price stabilization surcharges are only invoked
when there exists significant price differentiation between domestic and
international prices. The surcharges must in no case exceed 70 per
cent of the price differentiation margin. The Price Stabilization
Fund was inaugurated in May 1993 by Prime Minister's Decision No. 151/TTg
on 12 April 1993. |
4
FINANCE MEASURES
Restrictive
official foreign exchange allocation
| 43.2 |
Exchange
control is administered by the State Bank of Vietnam. Yet most foreign
exchange transactions are ruled by the Bank for Foreign Trade, even if
other banks are authorized to carry out international trade transactions. |
| 43.9 |
Priorities are assigned to
certain types of imports. Highest priority is given to critical imports,
such as petroleum products and fertilizers. Lowest priority is given
to imports of goods that compete with domestically produced goods, and
imports of other consumer goods. |
Regulations
concerning terms of payments for imports
| 45 |
Vietnam maintains bilateral
payment arrangements with Belarus, China, Lao PDR, and Russia. |
| 49 |
All receipts must be repatriated,
but no deadline is specified. |
5
AUTOMATIC LICENSING REQUIREMENTS
Surrender
requirements
| 57 |
All resident enterprises are
required to sell 50 per cent of foreign currency, except foreign-owned
enterprises without government guarantee for foreign exchange balances,
and 100 per cent if they are nonprofit organizations. |
6
QUANTITY CONTROL MEASURES
Licensing
under the authority of Ministry of Trade (MOT), 31, Trang Tien, Hoan Kiem
District, Hanoi.
Government's
Decree 57/1998/ND-CP, has been partly revised by Decree No.44/2001/ND-CP
of 2 of August 2001 which entitles Vietnamese traders to import goods according
to the business lines stated in their business registration certificates.
In principle
since January 2003, quantitative restrictions have been eliminated for
most items except imports of sugar and petroleum.
Non-automatic
licensing
| 61.2 |
Foreign invested enterprises
must have annual import plans approved by MOT or a body authorized by MOT,
which sets out the scope of products that may be imported for the following
year. The scope of products may be adjusted during its implementation
in accordance with Decision 0321/1998/QD-BTM. All imports of foreign
invested enterprises require an import licence from MOT. |
| 61.3 |
Technically,
exhibit materials and related items brought into Vietnam temporarily
for trade shows, require a special license from the Ministry of Trade.
For
the temporary entry of laptop computers equipped with a modem, as a telecommunications
device, an import licence is required from the Ministry of Trade.
In addition, encryption software requires an import license.
Foreign
invested enterprises are granted licenses to import materials, equipment
and machinery only for the purpose of establishing production lines and
producing goods. |
| 61.7 |
Every year, the Government
issues a list of goods relevant to the general equilibrium of the national
economy and thereby subject to import restriction. The decision to
include a particular product in the list is based on the analysis of the
economic ministries concerned on the cross-sectoral impact of the product,
the need for protection of the industry.
Items which require an import
licence from the Ministry of Trade (MOT) for reasons of management in terms
of demand and supply include refined liquid vegetable oil, spirits under
30o vol, refined and unrefined sugar, clinker, Portland cement, ceramic
and granite tiles, several kinds of construction steel, newsprint, printing
and writing paper.
The purpose of restrictions
on motorcycles and motor tricycles including components in form of SKD
and CKD, cars of less than 16 seats, and trucks with a loading capacity
of less than five tons is to ease the serious imbalance between road infrastructure
conditions and the number of vehicles.
The importation of the following
products is controlled by other ministries for health, safety, moral, and
environmental protection reasons:
- under Decree No. 89/CP
of 15 December 1995, imported
addictive and psychotrophic
substances, pre-substances,
human medicines, and
medical equipment require an approval
from the Ministry of
Health;
- aqua-cultural breeds,
aqua-cultural medicines, and precious
aquatic creatures require
an import approval from the Ministry
of Aqua-culture in
conformity with Decree No. 89/CP of 15
December 1995;
- postal and telecommunication
machinery and equipment may
be imported subject
to an approval from the General Department
of Posts and Telecommunication;
- under Decision No.
28/TTg and Circular No. 03 of 26 March
1997, chemicals like
NaOH liquid and DOP require an import
licence from the Ministry
of Industry;
- Inter-Ministerial
Circular No. 2880/KCM-TM of 19 February
1996 stipulates that
waste materials require an import licence
from the Ministry of
Science, Technology and Environment. |
Quotas
| 62.7 |
The list of import quotas
is limited to certain imports that have great impact on the economy.
Today,
with Vietnam implementing its international commitments to liberalize trade,
import quota is limited only to petrol, administered through the import
licensing system managed by MOT, and is granted mainly to state-owned enterprises. |
Prohibition
| 63.1 |
Decision No. 242/1999/QD-TTg
specifies goods prohibited from import. The following goods are prohibited
as of December 2002: poppy seeds, opium anhydrous morphine anhydrous content.
Second-hand consumer goods such as textiles and clothes, footwear, electronic
goods, refrigerating equipments and products, household electric goods,
furniture, household goods made from porcelain, clay, glass, metal, resin,
rubber, plastic and other materials. Used materials and equipments including
used machines, structures, inner tyres, tyres, accessories, motors of automobiles,
tractors, 2-wheel and 3-wheel motorbikes, internal combustion engines and
machines with internal combustion engines having capacity below 30CV, bicycles,
2-wheel and 3-wheel vehicles, passenger cars of less than 16 seats, trucks
with loading capacity of less 5 tonnes, ambulances. Right-hand steering
vehicles with its components and those repaired to right-hand driving ones
before imported into Vietnam, except for specializing right-hand steering
vehicles operating in small areas such as cranes, channel excavators, dustbin
lorries, road watering lorries, street cleaning lorries, road surfacing
machines, airport passenger transportation cars, fork-lifts at ware houses
and ports. |
| 63.71 |
Import ban on tobacco, cigarettes,
and other kinds of manufactured tobacco, and asbestos products and materials
under amphibole group. List of toxic chemicals published by the Ministry
of Industry, garbage and waste materials which may cause epidemics. |
| 63.74 |
Import prohibition is set
on granulated slag (slag sand) from the manufacture of iron or steel, slag,
dross (other than granulated slag), scalings and other waste from the manufacture
of iron or steel; ash and residues (other than from the manufacture of
iron or steel) containing metals or metal compounds; other slag and ash,
including seaweed ash (kelp), toxic chemicals, garbage and waste materials
which may cause environmental pollution, and a list of products published
by the Ministry of Science, Technology and environment. |
| 63.76 |
Import
prohibition of narcotics. |
| 63.77 |
Import ban of firecrackers
(excluding fire signal used for maritime safety and othe purposes as stipulated
by the Prime Minister in the Official Document No. 1383/CP-KTTS date 23/11/1998). |
| 63.78 |
Import prohibition of propelland
powders, tanks and other armoured fighting vehicles, motorized, whether
or not fitted with weapons, and parts of such vehicles, military motorcycles
of a cylinder capacity exceeding 175 cc, military weapons, other than revolvers,
pistols and the arms of heading 307, revolvers, pistols, revolvers and
pistols, othe than those of heading 9303 or 9304; other arms (for example,
spring, air or gas guns and pistols, truncheons), excluding those of heading
9307; parts and accessories of articles of headings 9301 to 9307; bombs,
grenades, torpedoes, mines, missiles and similar munitions of war and parts
thereof, cartridges and other ammunition and projectiles and parts thereof,
including shot and cartridge wads; swords, cutlasses, byonets, lances and
similar arms and parts thereof and scabbards and sheaths thereof, and specializing
coding machines and coding software subject to state secrets. |
| 63.9 |
Import ban on depraved and
reactionary cultural products, chilfren toys having adverse effect in moral
education, public other and security. |
7
MONOPOLISTIC MEASURES
Single
channel for imports
The Commercial
Law provides for the Government to define some of the fields where the
State retains monopoly. In other fields, all enterprises are treated
equally.
| 71.1 |
The Vietnam Pharmacy Corporation
(VIRAPHARM), 138B Giang Vo Street, Hanoi, has the exclusive right to import
addictive drugs.
The Airlines Import-Export
Corporation (AIRIMEX), Gia Lam Airport, Hanoi, is the exclusive importer
of aircraft and aviation materials, equipment, and spare parts.
The Vietnam Film Import-Export
and Distribution Company, (FAFILM VIETNAM), 73, Nguyen Trai Street, Dong
Da District, Hanoi, is the sole importer of feature films.
The Books & Newspapers
Import-Export Company (XUNHASABA), 32 Hai Ba Trung, Hanoi, has the exclusive
right to import books, newspapers and magazines.
Viet
Nam Oil and Gas Corporation (PETROVIETNAM), 22 Ngo Quyen, Hanoi, Viet Nam
has the exclusive or special right or privilege, to import petroleum materials,
equipment, crude oil, petroleum products, to distribute petroleum products,
to carry out other trading activities permitted by the law and to perform
other tasks assigned by the State, in addition to its activities such as
searching, exploring, exploiting, processing and dealing in oil and gas
products, providing oil and gas related services.
PETROLIMEX,
1 Kham Thien, Hanoi, Viet Nam has sole rights of ensuring the efficient
importation of Mogas, Diesel, Kerosene, Mazut (HS271011, HS 271019, HS
271099) for domestic consumption, supply to foreign liners operating in
Viet Nam's waters, provide for industrial zones, export processing zones
in Vietnam. |
8
TECHNICAL MEASURES
Technical
regulations
Standards
are formulated and enforced by the Directorate for Standards and Quality
(STAMEQ) of Ministry of Science, Technology, and Environment (MOSTE) 70,
Tran Hung Dao Street, Hanoi.
The
Directorate for Standards and Quality developed a quality certification
scheme for products and companies, and has established QUARCET as a certification
body in order to oversee the scheme.
| 81.1 |
Vietnam's sanitary regulations
applicable to imported animals and animal products are based on standards
provided by international and regional organizations as CODEX, OIE, and
ASEAN.
A health certificate is required
for imported live animals. The document must indicate that the animals
are free from infections and contagious diseases. It must also state
that the exporting country has been free of certain diseases, including
foot-and-mouth disease and rinderpest, for a period of three years.
In accordance with the revised
text of the International Plant Protection Convention (1997), Vietnam accepts
phytosanitary certificates issued by the national plant quarantine agency
of the exporting country for exported goods. Phytosanitary certificates
are required for imports of fruits, vegetables, plants, and parts of plants.
For fruits and vegetables, the document must state that the goods originated
in areas free from ceratitis capitata, or medfly. Packaging accompanying
plants must be certified free from diseases and pests.
Imports of pharmaceuticals
and processed food products require a free sale certificate.
Registration
requirement with the Pharmaceutical Management Department of all pharmaceuticals,
together with extensive documentation, apart from the free sale certificate,
testing and approval from a number of different committees in Vietnam.
Every year The Ministry of Health issues an annual list of medical devices
requiring registration. In this context, used medical equipment must
prove 80 percent of its original life expectancy and consume less than
10% more than the current fuel or electricity used by new equipment.
Registration
requirement, extensive documentation including free sale certificate, apply
equally to cosmetics, make-up and skin care products; as for food products,
in addition to their registration requirements, they are subject to standards
developed by the Ministry of Health, and based on the Codex Alimentarius.
In addition the same Ministry of Health regulates the use of food additives
that can be used to maintain the quality and preservation of food; yet
artificial sugar for use in food products for diabetics is not permitted
unless approved by the Ministry of Health, who also sets limits of pesticide
residues and other contaminants in food products.
Telecommunication equipment
may require a certificate of compliance with International Telecommunications
Union standards.
Imports of processed food products
require a certificate of laboratory analysis. A certificate of Good
Manufacturing Practice and a certificate of Hazard Analysis Critical Control
Points are recommended for regular shipments of processed foods.
The ship owner must provide a certificate indicating that the vessel is
less than 15 years old.
Mandatory
quality certification requirements is set on a few products which include
electric fans, cables and wires, otherwise, it is voluntary for all other
products and companies. |
| 81.1/5 |
Mandatory Standards of Vietnam
(TCVN) apply to goods that are significantly important to the economy.
Pursuant to the Ordinance on Quality, mandatory conformity certification
and quality inspection are carried out by an independent Vietnamese or
foreign inspection organization. Imported goods subject to inspection
include petroleum products, fertilizers, electronic and electrical products,
food and beverages, machinery and equipment, steel, and pharmaceuticals.
The list of products is updated annually by the Ministry of Science, Technology
and Environment. Goods originating from a country, which concluded
an Agreement on Standardized Quality Mutual Recognition with Vietnam Products
may be exempted from inspection.
In conformity with Decision
No. 2019/QD/BKHCNMT of 1 December 1997, amended by Decision No. 491/1998/QD/BKHCNMT
of April 1998, used equipment may be imported for certain purposes, if
its quality is greater than 80 per cent of a new one, and if it satisfies
certain labor hygiene safety and environmental requirements. |
| 81.17 |
By Governmental
Decision No. 4829/QD-BYT issued on 12 September 2003, a list of nine kinds
of chemicals, insecticide and fungicide products used for domestic and
medical purposes is subject to registration certificate for sale in the
country.
List
of goods subject to Ministry of Labour certification including machinery
and components deemed hazardous to occupational safety, are subject to
national standards. |
| 81.3 |
In accordance with Decision
No. 178/1999/QD-TTg of 30 August 1999, labels must be in Vietnamese with
the exception of trademarks.
Since January 1998, all imported
drugs must have instructions on product use, dosage, and expiration dates
printed in Vietnamese and inserted in packages, while a company's visa
number must be printed on all packages. Minimum shelf-life requirements
of 18 months are imposed on imported medicaments.
The following
labelling regulations must be displayed on the principal panel of packages:
name of goods, information on producing companies of imported goods, their
quantity, weight, volume or size in legal measure units of Vietnam, their
composition, or ingredients, if they have been x-rayed or genetically modified,
or whether a preservative has been added, origin of goods, instruction
on preservation and use, manufacture and expiry dates etc... In addition,
numbers, drawings, pictures, signs and codes on labels of goods must be
clear and must determine the substance of goods.
Labelling
requirements are set on both local and imported goods intended for sale
in Vietnam. Yet the following items are exempted from labelling requirements:
processed food, fresh food, or unpacked necessities sold directly to consumers
and pre-packed food and drinks having a use-by limit of 24 hours.
By Governmental
Decision No. 4829/QD-BYT issued on 12 September 2003, the registration
number of a list of nine kinds of chemicals, insecticide and fungicide
products used for domestic and medical purposes, must be printed on the
labels of these products.
Among
other product labelling requirements, production date according to the
Vietnamese pattern of day/month/year separated by points rather than slashes
or hyphens; food products, cosmetics and pharmaceuticals expiration date;
and as a rule, labels must be placed parallel to the bottom of the package
and be sufficiently legible. In addition, effective 10 of August
2000, additional labelling requirement issued by the Department General
of Posts and Telecommunications apply to certain telecommunications equipment,
such as fixed telephone units, mobile phones, facsimile machines, telex
machines, pagers, private branch exchanges, and modems. |
| 81.4 |
Specific
regulations govern food packaging requirements as for the use of ceramic,
glass, synthetic plastic, and alloys in food packages and containers. |
| 81.5 |
Milk powder and condensed
milk are subject to Ministry of Health's inspection for the purpose of
food hygiene and safety standards.
Vietnam has various legal documents
regulating sanitary, phytosanitary and health quarantine. The Government
promulgated Decree No. 86/CP dated 8 December 1995 stipulating and assigning
the responsibilities on State Quality Control Management of Goods among
various governmental agencies. Live animals and plants, products
originating from animals, and plants used for feeding animals are subject
to the control of the Ministry of Agriculture and Rural Development.
The Ministry of Fisheries is responsible for control and monitoring the
veterinary hygiene of aqua-products. In accordance with Decision
No. 1370/BYT-QD of 17 July 1997, the Ministry of Health is responsible
for controlling the fresh foodstuff which is industrially processed.
The regulations on sanitary-phytosanitary
inspections and the list of pests to need to be inspected are provided
for in Decree No. 92/CP of 27 November 1993 on Plant Inspection.
Under
Customs Law, Decree No. 102/2001/ND-CP of 31 December 2001, lays the foundation
of detailed procedures and processes of post-clearance examination for
imported goods.
As of
1 May 2003, the results of the inspection of the following goods will be
valid for six months: imports of goods used for manufacturing, such as
chemicals for producing cosmetics, soap or leather products.
The list
of goods subject to State quality control is published by the Ministry
of Science and Technology; those products are grouped according to their
nature under the relevant agency, including the Ministry of Health, the
Ministry of Agriculture and Rural Development, the Ministry of Industry,
and the Ministry of Fisheries.
Under
regulations that took effect on 1 of April 2003, the following agricultural
goods must undergo mandatory inspection: live animals, animal products
such as meat, hides, milk, honey etc., plants and plant products i.e. rice,
flour, oilseed meal, seeds, fiber, tobacco, yeast, wood, straw etc.; agents
impacting plants such as fungus and insects. In addition soil and
fishery products must undergo mandatory inspection as well upon arrival
in Vietnam, the inspection includes packaging and transport materials for
these produts.
Inspection
requirement by the Center for Technical Examination of imported machinery
and components deemed hazardous to occupational safety. |
| 83 |
Customs
clearance formalities are linked with regulations governing the inspection
and handling of goods described in the customs declaration; when the inspection
of goods is required to calculate the payable tax, or if the owner of the
shipment has followed customs declaration regulations, the goods will be
cleared immediately without having to wait the results of the inspections,
otherwise the customs clearance formalities will be completed after the
results of the inspection of goods. |
|