Procedures for Importing Chemical Goods

1. Definition

Importing chemicals is a complex and stringent process. To ensure that chemicals are imported and used safely, compliance with legal regulations poses a significant challenge for businesses and importers.

Chemicals are defined as elements, compounds, or mixtures that are extracted or produced from natural or synthetic raw materials (According to Clause 1, Article 4 of the Chemical Law 2007).

2. Legal Bases for Importing Chemicals

When importing chemicals, you need to refer to the following legal documents:

• Chemical Law No. 06/2007/QH12 dated November 21, 2007.
• Decree No. 113/2017/ND-CP dated October 9, 2017, detailing the implementation of some provisions of the Chemical Law.
• Circular No. 32/2017/TT-BCT dated December 28, 2017, by the Ministry of Industry and Trade guiding the implementation of some provisions of the Chemical Law and Decree No. 113/2017/ND-CP.
• Official Letter No. 1372/HC-VP dated December 8, 2017, from the Chemical Department regarding responses to difficulties in implementing Decree No. 113/2017/ND-CP.

3. List of Products Not Classified as Chemicals

Products that are not considered chemicals include:

• Pharmaceuticals; disinfectants, insecticides; food; cosmetics.
• Animal feed; veterinary medicines; plant protection products; organic, biological, and chemical fertilizers.
• Radioactive substances; building materials; paints, inks; adhesives and household cleaning products.
• Gasoline, oil; condensate, naphtha used in oil refining.
  

  

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4. Required Documents for Importing Chemicals

• Chemical declaration confirmation (downloaded from the National Single Window System).
• Invoice, Packing list.
• Bill of lading.
• Customs declaration.
• Certificate of Origin (if available and compulsory).

5. Process of Importing Chemicals

Step 1: Declare Customs Declaration

After gathering all necessary import-export documents such as contracts, commercial invoices, packing lists, bills of lading, certificates of origin, and identifying the HS code for the chemicals, you will enter the information into the customs system via software.

Declaring customs on the software requires knowledge of the process, and you should not attempt to declare without understanding it. This can lead to irreversible errors on the customs declaration.

Within 30 days from the date the goods arrive at the port, the declarant must submit the customs declaration. Exceeding this deadline may result in penalties from customs.

Step 2: Declare Chemicals

• Step 1: Obtain MSDS and Check CAS Number 
  Before importing, you need to obtain the MSDS from the exporter to check the CAS number.
• Step 2: Check CAS Number 
  Check the CAS number of the chemicals according to Decree No. 113/2017/ND-CP to determine which Appendix it belongs to (1, 2, 3, 4, 5).
  • If it belongs to Appendix 1:
    • You need to obtain a "Certificate of eligibility for production and trading of conditional chemicals" from the Ministry of Industry and Trade.
    • If it belongs to industrial precursors Group 1 or Group 2, you need to apply for an import permit.
  • If it belongs to Appendix 2:
    • You need to obtain a "Permit for production and trading of restricted chemicals."
  • If it belongs to Appendix 3:
    • Import is prohibited except in special cases for scientific research or national defense.
  • If it belongs to Appendix 4:
    • A chemical incident prevention and response plan must be established.
  • If it belongs to Appendix 5: Only a chemical declaration is required.

Note:

• If the chemicals fall under multiple appendices, you must comply with the regulations of each appendix.
• Chemicals do not need to be declared in the following cases:
  • Chemicals for national security, disaster response, or emergency epidemic situations.
  • Chemicals that are drug precursors or explosives that have been permitted.
  • Chemicals imported in quantities under 10 kg per shipment (except for restricted chemicals).
  • Chemicals that are raw materials for pharmaceuticals with a registration certificate.
  • Chemicals that are raw materials for plant protection products with a registration certificate.
  • Chemical components in mixtures less than 0.1%.

Step 3: Open Customs Declaration

After completing the declaration, the customs system will respond with the result of the declaration processing. If the declaration is classified, the declaration and documents must be taken to the nearest customs office to proceed with opening the declaration. This must be done promptly, within 15 days from the date of declaration. If this period is exceeded, the declaration will be canceled, and you will face unwanted penalties.

Step 4: Customs Clearance

After checking the documents and finding no issues, customs officials will clear the declaration. At this point, you only need to pay the import tax to bring the goods to the storage warehouse. In some cases, the declaration may be released early to transfer the goods to the warehouse.

Step 5: Transport and Consume

After the declaration is cleared, necessary steps should be taken to transport the goods to the warehouse for storage and use.

This outlines are some basic steps in the process of importing chemical goods. For further detail information of the process, please contact us via hotline or email for consultation.