PROMULGATING THE LIST OF FOODS, FOOD ADDITIVES AND FOOD IMPLEMENTS, PACKAGING AND CONTAINERS ASSIGNED HS CODES ACCORDING TO THE VIETNAM’S NOMENCLATURE OF EXPORTS AND IMPORTS SUBJECT TO STATE INSPECTION OF SAFETY OF IMPORTED FOODS UNDER MANAGEMENT OF MINISTRY OF HEALTH

This Circular promulgates the List and rules for application of the List of foods, food additives and food implements, packaging and containers assigned HS codes according to the Vietnam’s nomenclature of exports and imports promulgated together with the Circular No. 31/2022/TT-BTCdated June 08, 2022 of the Minister of Finance on promulgation of Vietnam’s Nomenclature of exports and imports subject to state inspection of safety of imported foods under management of Ministry of Health (hereinafter referred to as “the List”).

Promulgated with this Circular is the List of foods, food additives and food implements, packaging and containers assigned HS codes according to the Vietnam’s Nomenclature of exports and imports subject to state inspection of safety of imported foods under management of Ministry of Health.

Article 3. Rules for application of the List

1. If there is any difference or inconsistency in the classification and determination of HS codes for goods on the List promulgated together with this Circular, the determination of HS codes shall comply with provisions of law on customs.

2. Regarding foods, food additives and food implements, packaging and containers which have not been listed and assigned HS codes on the List enclosed with this Circular, the determination of HS codes shall comply with provisions of law on customs. After customs clearance, exporters and importers shall submit a document to the Ministry of Health (Vietnam Food Administration) to form a basis for cooperation with the Ministry of Finance in considering agreeing to, updating and promulgate a supplementary List.

3. The state inspection of safety of imported foods regarding goods under management of Ministry of Health according to Article 37 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety shall be carried out as follows:

a) For goods which are included in the List: comply with Article 40 of the Law on Food Safety and Article 16 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety.

b) For goods which are not included in the List but fails to meet requirements during the inspections (if any) or are issued with a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade or the People's Committees of a province or central-affiliated city or a competent authority of a foreign country or a manufacturer: conduct a tightened inspection as specified in points b and c clause 3 Article 17 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety. The competent authority affiliated to the Ministry of Health shall notify the customs authority of the time of application and suspension of the tightened inspection in these cases.

4. Cases in which imported foods are exempted from or not required to undergo state inspection of food safety:

a) Goods are included in the List but do not fall into the cases specified in Article 13 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety (unless there is a food safety warning);

b) Goods are included in the List but are not intended for use as foods, food additives or food processing aids;

c) Goods are implements and packaging which are included in the List but do not contain and come into direct contact with foods;

d) Goods are not included in the List, except for the case specified in point b clause 3 Article 2 of this Circular.

5. If a mixture of food additives has at least two (02) food additives on the List, its HS code shall be determined according to six (06) general classification rules enclosed with the Circular No. 31/2022/TT-BTC dated June 08, 2022 of the Minister of Finance on promulgation of Vietnam’s Nomenclature of exports and imports.

In the cases where any of the legislative documents and regulations referred to in this Circular is changed, supplemented or replaced, the newest one shall apply.

1. This Circular comes into force from November 02, 2024.

2. The Circular No. 28/2021/TT-BYT dated December 20, 2021 of the Minister of Health promulgating the List of foods, food additives and food implements, packaging and containers assigned HS codes according to the Vietnam’s Nomenclature of exports and imports with a view to state inspection of safety of imported foods shall cease to have effect from the effective date of this Circular.

Director General of Vietnam Food Administration; heads of units owned by and affiliated to the Ministry of Health; Directors of Departments of Health, Departments of Food Safety of central-affiliated cities and provinces; heads of food safety authorities affiliated to People’s Committees of central-affiliated cities and provinces; heads of health authorities of ministries and central authorities, agencies, organizations and individuals concerned are responsible for the implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Vietnam Food Administration) for consideration and resolution./.

FOODS, FOOD ADDITIVES AND FOOD IMPLEMENTS, PACKAGING AND CONTAINERS ASSIGNED HS CODES ACCORDING TO THE VIETNAM’S NOMENCLATURE OF EXPORTS AND IMPORTS SUBJECT TO STATE INSPECTION OF SAFETY OF IMPORTED FOODS UNDER MANAGEMENT OF MINISTRY OF HEALTH
(Promulgated together with the Circular No. 15/2024/TT-BYT dated September 19, 2024)