When exporting e-cigarettes abroad, do I have to apply for a permit is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Is it possible to import chemicals and solvents to Vietnam for production?
Pursuant to Article 25 of Decree 113/2017/ND-CP, regulations on chemicals that must be declared to Imported chemicals are as follows:
“Article 25. Chemicals that must be declared
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.”
Because chemicals are specific goods, detailed information is needed to determine their nature and apply goods policy. Your company should determine the chemical name in English, HS code, CAS code, chemical formula of goods to compare information in chemicals that must be declared in Article 23 and Appendix V attached to Decree 113/2017/ND-CP. In case the goods are not within the scope of regulation according to the provisions of Decree No. 113/2017/ND-CP, the company can import them like other normal goods.
How to declare imported chemicals
According to Article 27 of Decree 113/2017/ND-CP, regulations on declaring imported chemicals are as follows:
Article 27. Declaration of imported chemicals
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2. Create an account to access the National One-Stop Information Portal
a) Organizations and individuals create login accounts according to the prescribed form on the National Single Window Information Portal, including information and attached files;
b) In case it is necessary to clarify or confirm information, the agency receiving the declared information requires organizations and individuals to submit documents and vouchers specified in Point a of this Clause in hard copy.
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.
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5. In case system problems arise
In case a system problem occurs, organizations and individuals cannot declare through the National Single Window Information Portal. While waiting for the problem to be resolved, organizations and individuals can declare imported chemicals through the backup system prescribed by the agency receiving declaration information.
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When exporting e-cigarettes abroad, do I have to apply for a license or certificate for this product?
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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