Regulations on enterprises importing aluminum powder chemicals according to Vietnamese law

Do businesses importing aluminum powder chemicals for production have to declare? If so, when must it be declared?

1. Do enterprises importing aluminum powder chemicals for production have to declare?

Do enterprises importing aluminum powder chemicals for production have to declare? According to the provisions of Article 25 of Decree 113/2017/ND-CP, there are regulations on declared chemicals as follows:

Chemical substances that must be declared report

1. The list of chemicals that must be declared is issued in Appendix V attached to this Decree.

2. Chemicals that must be declared include substances on the List of chemicals that must be declared and mixtures containing substances on the List of chemicals that must be declared and are classified according to the provisions of Article 23 of this Decree as dangerous chemicals unless exempted according to the provisions of Article 28 of this Decree.

According to the above regulations, aluminum powder chemicals are on the list of chemicals that must be reported. Therefore, enterprises importing aluminum powder chemicals must be declared.

2. When is the import of declared aluminum powder chemicals carried out?

The import of declared aluminum powder chemicals is carried out at the time specified in Clause 1, Article 27 of Decree 113/2017/ND-CP as follows:

Declaration of imported chemicals

1. Organizations and individuals importing chemicals that must be declared are responsible for declaring imported chemicals before customs clearance through the National Single Window Information Portal.

2. Create an account to access the National One-Stop Information Portal

a) Organizations and individuals create a login account according to the prescribed form on the National One-Stop Information Portal, including information and attached files;

b) In case of needing to clarify or confirm information, the agency receiving the declared information requires the organization or individual to submit the documents and vouchers specified in Point a of this Clause in hard copy in.

3. Information on declaration of imported chemicals

a) Information declared according to the form specified in Appendix VI of this Decree on the National Single Window Portal includes information about organizations and individuals declaring, and information about imported chemicals;

b) Chemical purchase and sale invoices;

c) Chemical safety card in Vietnamese;

d) In case of non-commercial goods, there is no chemical purchase or sale invoice, organizations and individuals declaring chemicals can use a port goods receipt instead of a commercial invoice.

4. Legal value of electronic documents

a) Organizations and individuals declare information through the National Single Window Information Portal. The information will automatically be transferred to the system of the Ministry of Industry and Trade, then the system of the Ministry of Industry and Trade will automatically respond via the National Single Window Information Portal to the declaring organizations and individuals and customs authorities. The feedback information will serve as evidence confirming the completion of chemical declaration, serving as a basis for organizations and individuals with related activities to complete customs clearance procedures.

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Thus, according to the above regulations, the import of declared aluminum powder chemicals is done before customs clearance through the National Single Window Information Portal.

3. Are businesses importing aluminum powder chemicals under 10kg exempt from declaration?

Pursuant to Clause 3, Article 28 of Decree 113/2017/ND-CP, supplemented by Clause 15, Article 1 of Decree 82/2022/ND-CP, there are regulations on cases of exemption from declaration as follows:

Cases of exemption from declaration

1. Chemicals are produced and imported to serve security, national defense, and respond to natural disasters and emergency epidemics.

2. Chemicals are drug precursors, explosive precursors, industrial explosives and table chemicals that have been licensed for production and import.

3. Imported chemicals are less than 10 kg per import. The exemptions mentioned in this point do not apply to chemicals restricted from production and trading in the industrial sector.

4. Chemicals are raw materials for drug production that have a Certificate of registration for drug circulation in Vietnam, raw materials for drug production are pharmaceutical substances for production according to drug registration dossiers that already have a Certificate of registration for drug circulation in Vietnam.

5. Chemicals are raw materials for the production of pesticides that have a Certificate of pesticide registration in Vietnam

6. The chemical ingredients in the mixture of substances on the List of chemicals that must be declared have a content in the mixture of less than 0.1%.

Accordingly, in Appendix II issued with Decree 113/2017/ND-CP, Clause 3, Article 2, Decree 82/2022/ND-CP, aluminum powder is not a chemical restricted from production and business in the public sector. industry.

Thus, according to the above regulations, businesses that import aluminum powder chemicals under 10kg at a time will be exempt from declaration.