CHEMICAL IMPORT PROCEDURE

I. Detailed 5-Step Process for Importing Chemicals

⚠️ Prerequisite : Before signing a foreign trade contract, businesses are required to request the foreign manufacturer/supplier to provide a Material Safety Data Sheet (MSDS) as a basis for completing Step 1.

Step 1: Look up the HS code and chemical classification.

Businesses use the CAS (Chemical Abstracts Service) code or detailed composition (percentage content) on the MSDS to compare with the appendices of Decree 82/2022/ND-CP to accurately determine the regulatory scope of the chemical:

• Special note: If the chemical is a toxic precursor or explosive precursor, the business must comply with the regulations for obtaining a separate precursor permit from the Ministry of Industry and Trade or the Ministry of Public Security.

Step 2: Complete specialized procedures (Before customs clearance)

Depending on the classification results in Step 1, the business performs one of the following procedures:

Case A: Chemicals subject to declaration (Appendix V)

This is the most common case. Businesses make declarations on the National Single Window Portal (vnsw.gov.vn) before customs clearance.

• The dossier includes: Declaration form; Commercial invoice; Material Safety Data Sheet (MSDS) in Vietnamese; Vietnamese translation of relevant documents (if needed).
• Result: The Chemical Department's system (Ministry of Industry and Trade) will automatically approve and return a response for the online import chemical declaration within minutes to hours if the application is valid.
• Regulations on Exemption from Declaration (Clause 2, Article 28 of Decree 113/2017/ND-CP): Businesses are exempt from declaration if the imported chemical quantity is less than 10 kg/per import (not applicable to chemicals listed in Appendix II - Restricted).

Case B: Restricted Import Chemicals (Appendix II)

• Businesses must submit applications for restricted chemical import permits through the National Single Window or directly to the Department of Chemicals.
• The processing time is 10-15 working days. Therefore, businesses must proactively complete the process before the goods arrive at the port to avoid incurring warehousing/storage fees (DEM/DET).

Step 3: Prepare chemical labels (GHS) and safe packaging.

Chemicals arriving at Vietnamese ports are required to have an original label and a supplementary label in Vietnamese (according to Decree 111/2021/ND-CP) with warning symbols in accordance with the Globally Harmonized System (GHS). The supplementary label must display all the following information:

1. Chemical name, chemical identification code (if any).
2. Warning graphic, warning word, hazard warning.
3. Preventive measures.
4. Quantity; Production date and Expiry date.
5. Importer information (Company name, address, contact phone number).

Step 4: Transmit the Customs Declaration and Register for Inspection

When goods arrive at the border, businesses proceed to open and transmit the customs declaration form on the ECUS/VNACCS software. The customs dossier includes:

• Import customs declaration form.
• Commercial Invoice & Packing List.
• Bill of Lading.
• Certificate of Origin (C/O) - if available, to qualify for preferential tax treatment.
• Confirmation of chemical declaration (obtained in Step 2) or Import permit (for items listed in Appendix II).
• Material Safety Data Sheet (MSDS).

Step 5: Customs Clearance, Transportation, and Unloading at Dedicated Warehouse

• Customs clearance: Customs checks the documents (Yellow Channel) or conducts a physical inspection of the goods (Red Channel) to verify that the labels and packaging match the MSDS and chemical declaration. After fulfilling tax obligations, the goods are cleared through customs.
• Hazardous goods transport (Decree 42/2020/ND-CP): Vehicles transporting hazardous goods must have a Hazardous Goods Transport Permit and display a hazardous goods logo. Drivers and escorts must have a Chemical Safety Training Certificate.
• Standardized storage (Articles 4, 5, and 6 of Decree 113/2017/ND-CP): Storage facilities must meet fire and explosion prevention requirements, have a ventilation system, a system for collecting spilled wastewater, and hazard warning signs. Businesses must develop a Chemical Incident Prevention and Response Plan or Measures that are approved/certified by the competent authority before storing chemicals.

II. Regulations on Chemical Safety Training (Post-Audit)

Many businesses successfully cleared customs but still faced heavy penalties when authorities conducted surprise inspections at their warehouses due to a lack of operating licenses.

• Mandatory personnel: All personnel in direct contact with chemicals (warehouse staff, loading and unloading staff, transporters) and direct supervisors (Department Head/Production Team Leader).
• Frequency: Businesses must organize chemical safety training for employees every two years and maintain training records for presentation during inspections (According to Chapter VI of Decree 113/2017/ND-CP).

III. Common Violations Causing Administrative Fines or Impoundment of Goods

Based on actual inspection practices, businesses are very likely to make mistakes that are subject to severe penalties under Decree 71/2019/ND-CP:

1. Misdeclaring the content/component: Many businesses only declare the trade name without detailing the constituent substances (especially for mixed goods, solvents, paints, and detergents). If customs officials take samples for analysis and classification (testing) and discover restricted or undeclared substances that the business omitted, the penalties will be very high and there is a risk of being forced to re-export the goods.
2. Missing or incorrect GHS supplementary label: Chemical goods subject to inspection (Red Channel) that lack a hazard warning graphic (diamond with red border on a white background) or lack importer information will be subject to an administrative violation report and the goods will be held at the port until the issue is rectified.
3. Declaring chemicals after customs clearance: According to regulations, chemical declarations must be completed before customs clearance. Any customs declaration that includes chemical declarations only after customs clearance is considered an act of evading declaration and has no legal validity for that shipment.

CONTACT:

AI Global Logistics Co., Ltd

Address: Shophouse A0-16, Building A, Green River, 2225 Pham The Hien Street, Binh Dong Ward, Ho Chi Minh City, Vietnam

Phone: 097.572.1441 - 028.6270.7869

Email: info@ailogisticsvn.com

Website: ailogisticsvn.com