To: Customs
Department
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1. Regarding the
application of requirements for chemical information declaration
- At the Hi-tech Park
Customs
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In
cases where the customs declarant, after receiving instructions from the
customs official, fails to declare or have sufficient information to fully
declare the chemical composition, the customs official shall propose to the
head of the customs authority to re-route the customs channel, conduct a
physical inspection, take samples for analysis and classification, or perform
assessment to accurately determine the goods’ name and composition, etc.,
thereby determine codes used for tax policies and management policies.
- Customs Sub-Department of
Region II and other border checkpoint customs
authorities/out-of-checkpoint customs authorities
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2. Grounds for implementing
operational requirements as reported by the Hi-tech Park Customs
2.1. Provisions of laws, guiding documents, and guidelines
of Customs Sector and Customs Sub-Department of Region II:
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Point c Clause 2 Article 18 of Law on Customs
on customs declarants: “Customs
declarants shall be held accountable under the law for the accuracy of the
declared contents and the submitted or presented documents; and for the
consistency of information between the documents archived at the enterprise and
those archived at the customs authority.”.
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Clause 2 Article 26 of the Law on Customs: " Classification of goods aims to identify HS codes
to serve as a basis for tax calculation and implementation of the goods
management policy. The classification of goods must be based on customs
documents, technical documents and other information related to imports
and exports for identification of goods’ names and HS codes according to the
list of Vietnamese imports and exports.”
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“2. The classification of goods shall be based on customs documents, technical
documents and other information on the composition, physical and
chemical properties, functions, and utilities of imports and exports.
3. Classification of goods aims to identify
HS codes to serve as a basis for tax calculation and implementation of the
goods management policy.
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Appendix II - List of chemicals subject to conditional production and trading
in the industrial sector; Appendix III - List of chemicals requiring special
control;
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Section 2 Appendix II - List of chemicals subject to conditional manufacture
and trading in the industrial sector: “2. A
mixture subject to conditional production
and trading: A mixture subject to conditional
production and trading is a mixture containing at least one component listed in
the list of chemicals subject to conditional production and trading under this
Decree with a concentration exceeding 5% by mass.”
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Decree No. 26/2026/ND-CP:
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Article 10 regarding export and import of conditional chemicals: “1. Organizations shall only export conditional
chemicals according to certificate of eligibility for production of conditional
chemicals or certificate of eligibility for trading of conditional chemicals
issued by competent authorities; 2. Organizations shall only import conditional
chemicals for trading purposes according to certificate of eligibility for
trading of conditional chemicals issued by competent authorities; 3. Organizations
and individuals importing conditional chemicals for their own use must publicly
declare use purposes of the chemicals on chemical database and are not required
to obtain certificate of eligibility for production and trading of conditional
chemicals; 4. In addition to documents according to customs laws, organizations
exporting and importing conditional chemicals for trading must obtain
certificate of eligibility for production of conditional chemicals or
certificate of eligibility for trading of conditional chemicals issued by
competent authorities.”
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Clauses 1, 2, and 3, Clause 3 of Article 21: “1.
Exemption from certificate, license to produce and trade shall be granted for
production and trading of conditional chemicals and chemicals requiring special
control of which concentration is less than 0,1% of total mass of the mixture;
2. Exemption from license to export, import shall be granted for export, import
of group I chemicals requiring special controls of which concentration is less
than 1% of total mass of the mixture, group 2 chemicals requiring special
control of which concentration is less than 5% of total mass of the mixture; 3.
Exemption from license to produce, import shall be granted for production and
import of restricted chemicals of which concentration is less than 0,1% of
total mass of the mixture.”
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Article 3 of Decision No. 1921/QD-TCHQ dated
June 28, 2018 of the General Department of Customs on inspection of documents:
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c.2.2.2.2) […] if the customs declarant fails to submit the required
documents and materials; or if the customs declarant has already submitted
documents and materials but the customs official does not have sufficient
grounds for determination of goods description, HS code, or duty rates, a
proposal shall be made to the Head of the Customs Sub-Department to decide on a
physical inspection […] or decide on sampling for goods analysis […]”
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Official Dispatch No. 1276/TCHQ-DTCBL dated
March 23, 2023, of the General Department of Customs regarding the
intensification of control over the export and import of narcotic precursors,
which rectified instances of: “inaccuracy or incomplete declaration of goods
description information and factors affecting the determination of goods names,
such as: information on constituents,
composition, content, functions, utilities, and classification, etc. leading to
difficulties and confusion in goods inspection and identification”:
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Official Dispatch No. 13821/CHQ-GSQL dated
March 16, 2026 of the Customs Department discussing with the Vietnam Chemicals
Agency - Ministry of Industry and Trade regarding difficulties arising during
implementation of the Decree elaborating the Law on Chemicals on content and
concentration of chemicals.
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Official Dispatch No. 301/HQKV2-NVHQ dated
April 18, 2025 of Customs Sub-Department of Region II regarding the
rectification of export and import procedures for industrial precursors: “Customs officials shall inspect and instruct customs
declarants to fully declare information on goods (Vietnamese goods name,
English chemical name, scientific name, CAS Registry Number, HS code, chemical
formula, etc.) to serve as a basis for
determining regulations on precursors under the Law on Chemicals, Law on
Prevention and Control of Narcotic Substances, and guiding documents”.
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Thus,
under the pressure of administrative reform and simplification of customs
procedures to facilitate trade for enterprises while ensuring compliance with
the law, both the customs authority and the customs declarant must comply with
the aforementioned regulations during customs procedures for imported chemicals
to establish a basis for tax and management policy implementation. The customs
declarant must declare and describe goods, provide technical documents,
materials and information on the composition, physical and chemical properties,
etc. to the customs authority for inspection, tax calculation, and management
policy implementation.
2.2. Opinions of the Hi-tech Park Customs regarding the
feedback from member enterprises of the US-ASEAN Business Council:
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In
practice, during customs procedures, importers of chemicals may face
difficulties in determining compositions to apply tax and goods policies,
providing technical documents and materials, or declaring composition and
content of chemicals because the Material Safety Data Sheets (MSDS) provided by
suppliers do not disclose or fully disclose information citing trade secrets. However, Article 26
of the Law on Chemicals dated June 14, 2025 stipulates information
confidentiality as follows: “1. Organizations and
individuals declaring, registering, reporting, updating information, data in
accordance with this Law have the right to request receiving agencies and
organizations to protect information related to technology, trade secrets
except for cases under Clause 2 of this Article.
Organizations and individuals requesting
confidentiality have the obligation to provide relevant information and
documents to competent authorities in order to be evaluated in terms of
necessity for confidentiality[…]; 3. Agencies and individuals receiving
information from organizations and individuals under Clause 1 of this Article
have the responsibility to provide confidential information at request of
competent state authorities as per the law”.
Thus,
with the function of state management of customs, as prescribed in Clause 5,
Article 19 of the Law on Customs, on-duty customs officials have the right to
request customs declarants to provide information and records related to goods
to accurately determine their codes and implement goods management policies in
accordance with the law; enterprises shall provide information and will have
their provided information kept confidential.
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To
maintain convenience and trade secrets for enterprises on the basis of
compliance with laws and directives of superior authorities, Custom
Sub-Department of Region II proposes the Customs Department direct specialized authorities to
organize the prevention and control of narcotic substances; collect/process
customs information within their assigned duties and powers as prescribed by
laws; and issue written request for chemical importers to provide all
information regarding product names, compositions, and content enclosed with
technical documents. Based on the collected information and professional
expertise within their duties and powers, such authorities will carry out
inspection or exchange information with the Vietnam Chemicals Agency - Ministry
of Industry and Trade to compile a list of goods that are unlikely to contain
precursors with their CAS Registry Number and transfer it to regional Customs
Sub-departments to serve as a basis for cross-checking during customs
procedures. While
performing procedures, enterprises only need to declare the product name and
its CAS Registry Number; the customs authorities will cross-check information
against the provided list for inspection and System clearance as prescribed.
For
your information./.
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PP.
HEAD OF SUB-DEPARTMENT
DEPUTY HEAD OF SUB-DEPARTMENT
Nguyen Thanh Binh
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