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GENERAL DEPARTMENT OF CUSTOMS
CUSTOMS DEPARTMENT OF HO CHI MINH CITY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 2917/HQTPHCM-GSQL
Re: Provision of CAS numbers on material safety data sheet (MSDS) for import declarations

Ho Chi Minh City, October 12, 2023

 

To: …………. Co. Ltd.
(Address: Vincom Center, ……………. Le Thanh Ton street, Ben Nghe ward, District 1, Ho Chi Minh City)

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We recommend that you study the following documents:

1. Regarding confidential information of enterprises:

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“1. Confidential information of declarants and reporters mentioned in Clause 2 Article 50 of the Law on Chemicals shall include:

a) Names and quantity of produced/imported/traded chemicals;

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Article 51 of the Law on Chemical on use of confidential information:

“1. Agencies and persons receiving declaration and registration papers and reports on chemicals shall supply confidential information specified in Article 50 of this Law at the request of competent state agencies.

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2. Regarding provision of supplementary technical documents, provision of adequate information about imported chemicals, including names, CAS numbers and contents:

Point b.3 Clause 1 Article 24 of Circular No. 38/2015/TT-BTC dated 25/3/2015 of the Ministry of Finance on procedures for inspection of goods names, codes, tax rates during customs dossier inspection:

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By examining additional documents, if the customs authority has sufficient basis for determining that the goods names, codes, tax rates are incorrectly declared, the declarant shall be instructed to make additional declaration as prescribed in Point b.2 of this Clause. If the declarant fails to submit additional documents at the request of the customs authority of the customs authority does not have sufficient basis for determining the goods names, codes, tax rates by examining the documents, samples shall be taken and analyzed in accordance with regulations of the Minister of Finance on classification of goods, analysis serving classification of goods, quality inspection, food safety inspection of exports or imports, or request the Director of the Sub-department of Customs to decide physical inspection of goods according to Clause 2 of this Article."

Thus the customs authority is entitled to request the customs declarant to provide supplementary technical documents if the declared manufacturer's name or goods description is not appropriate for their codes, or there are discrepancies between information on the documents of the customs dossier and information on the customs declaration but there are not sufficient grounds for determination of goods names, codes, tax rates.

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Clause 2 Article 16 of the Government’s Decree No. 08/2015/ND-CP dated 21/01/2015: "Taxonomy of goods shall be based on customs records, technical documentation and information about physical, chemical composition, properties, features, functions or utility of exported or imported goods";

Pursuant to Circular No. 14/2015/TT-BTC dated 30/01/2015 of the Ministry of Finance providing guidance on classification of goods and analysis for classification of goods; analysis for quality inspection, food safety inspection for food for exported and imported goods; Circular No. 17/2021/TT-BTC dated 26/02/2021 on amendments to Circular No. 14/2015/TT-BTC; Circular No. 31/2022/TT-BTC dated 08/6/2022 promulgating Vietnam's Nomenclature of Exports and Imports:

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For your information. If you have difficulties following customs procedures, please contact the Sub-department of Customs where the declaration is registered for instructions.

Sincerely./.

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ON BEHALF OF DIRECTOR
MANAGER OF
CUSTOMS MANAGEMENT AND SUPERVISION DEPARTMENT




Vuong Tuan Nam

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