Declaring imported products is a critical step to ensure such products comply with Vietnam’s technical standards, safety regulations, food hygiene, and environmental protection. To implement this procedure, relevant documents, certificates, and product samples must be prepared and submitted to the competent authority for review and certification. Below is an overview of the legal information and procedures for declaring imported products:
I. Current situation of imported product declaration
The declaration of imported products is a government quality control measure that contributes to promoting international trade and protecting consumer rights. However, in practice, businesses face various challenges in the declaration process, including:
- Lack of information and transparency regarding the procedures, standards, and requirements for product declaration. This makes it difficult for importers to prepare appropriate documentation and follow the correct process.
- Inconsistency and lack of coordination in the application of standards and regulations across different state authorities. This leads to time-consuming and costly procedures, and forces importers to repeat declarations for the same products at different agencies.
II. Legal provisions on declaration of imported products
1. Definition of imported product declaration
The declaration of imported products refers to the process by which organizations or individuals involved in production or business submit documents and implement procedures to self-declare the quality of imported products, confirming that the products meet applicable standards without being forced by authorities.
2. When must imported products be declared?
All imported products must be declared before being released to the market in Vietnam.
3. Dossier and procedures for product declaration
- Self-declaration dossier includes:
+ A Product Self-Declaration Form, in accordance with the prescribed template.
+ A Certificate of Food Safety Testing Results within 12 months from the date of submission, issued by a designated testing laboratory or a laboratory accredited under ISO 17025. The test results must include safety indicators as issued by the Ministry of Health, following international risk management principles, or other standards/criteria announced by the organization/individual (if there are no regulations of the Ministry of Health) . (Original or certified copy)
- Declaration Procedure:
+ Organizations or individuals self-declare the product on mass media, their website, or post publicly at their headquarters, and must also upload the information to the Food Safety Database System.
+ Immediately after self-declaration, the organization or individual is allowed to manufacture and sell the product, and is fully responsible for its safety.
III. Legal advisory on imported product declarations
1. Is there a State fee for self-declaration?
Self-declaring a product does not require the payment of a State fee.
2. What are the consequences if imported products are not properly declared?
According to Clause 1, Article 20 of Decree 115/2018/ND-CP, failure to declare on the Food Safety Database or to submit one copy of the self-declaration to the competent state agency may result in a fine of 15,000,000 VND to 20,000,000 VND.
3. Is it necessary to declare imported candy and confectionery?
Candy and confectionery imported into Vietnam must be declared. Declaration is a mandatory requirement for products to be legally circulated in the domestic market.
4. If the imported product is for internal consumption only, is declaration or state inspection required?
Products or ingredients imported for internal production use only and not for sale in the domestic market are exempt from declaration requirements.
5. Are products imported for processing or re-export subject to self-declaration?
Products or ingredients used exclusively for manufacturing or processing goods for export are also exempt from self-declaration procedures.
IV. Legal advisory services for imported product declarations
The above is a summary of legal insights related to the declaration of imported products, provided by NPLAW. If you have any further legal inquiries or require assistance, please feel free to contact us:
