To solve difficulties for enterprises, avoid
cargo jams at the border gate, based on the opinion of the Ministry of Health
in Official Letter No. 7415/BYT-YDCT, on January 12, 2021, the General
Department of Customs issued Official Letter No. 122/TCHQ-GSQL to the Local
Customs Departments to provide guidance on the import of vegetable and derived
products which is on the List of medicinal herbs issued by Ministry of Health
with Circular No. 48/2018/TT-BYT dated December 28, 2018, as follow:
1. If enterprises declare the imported goods
used as medicinal herbs, they shall comply with the provisions of the Law on
Pharmacy and Decree No. 54/2017/ND-CP detailing a number of articles and
measures to implement the Law on Pharmacy.
2. If enterprises declare the imported goods
used as foods and the goods belong to the List of medicinal herbs commonly used
as foods that is promulgated at the aforesaid Official letter No.
7415/BYT-YDCT, they shall comply with the provisions of the Law on Food Safety,
Decree No. 15/2018/ND-CP dated February 02, 2018 of the Government detailing a
number of articles of the Law on Food Safety.
3. If enterprises declare the imported
goods used in other sectors, they shall themselves option to apply the import
policy according the aforesaid to point 1 and point 2 or according to
regulations pertaining to the sectors of such products, goods.
The enterprises shall take responsibility for
the accuracy of the declared contents, of submitted documents, and of the
consistency of the content of the files retained at
the enterprise with customs files. If the customs authority detects that
the enterprises is not using the imported goods for the purpose of import on
the customs declaration, they shall be conducted post clearance audit.
This Official Letter replaces the previous
documents of the General Department of Customs guiding the import policy of
vegetable and derived products, including: Official Letter No. 6693 / TCHQ-GSQL
dated October 16, 2020; Official Letter No. 6645 / TCHQ-GSQL dated October 28,
2020; Official Letter No. 7216 / TCHQ-GSQL dated November 11, 2020 and Official
Letter No. 3672 / GSQL-GQ1 dated November, 24 2020 of Customs Management and