(16) Phytosanitary and Sanitary Ins

(16) Phytosanitary and Sanitary Inspection & Required Export Certificates
Phytosanitary and sanitary health inspections for imports of animals and animal products (including dairy products), plants and plant products, and edible fishery products must be done before customs clearance. The Ministry of Agriculture and Rural Development’s Plant Protection Department (PPD) and Department of Animal Health (DAH) handle all sanitary and phytosanitary inspections for these products.

+ Phytosanitary Certificate
On September 5, 2014, Vietnam’s Ministry of Agriculture and Rural Development (MARD) released Circular 30/2014/TT-BNNPTNT publishing the list of regulated articles subject to plant quarantine before entering Vietnam. The products outlined in Circular 30 must be accompanied by a Phytosanitary Certificate and undergo a plant quarantine inspection before being granted customs clearance. This Circular entered into force on January 1, 2015. For further details about the Circular 30, please refer the GAIN report VM4057.

+ Animal Health Certificate
The inspection of food of animal origin and issuance of animal health certificate are governed under Circular 25/2010/TT-BNNPTNT, and Circular 51/2010/TT-BNNPTNT. For further information about the Circulars, please refer our GAIN report VM0048.

Please also refer to the most updated FAIRS Export Certificate Report (VM1052 from July 18, 2011) for information on export certificates and documents that Vietnam requires for imports of foodstuff, animal, plant and fishery products.

Special Note: Regarding animal health inspection service, DAH requires:
Application dossiers for inspection of imported of animal products for human consumption (meat, offal, eggs, milk and products containing these ingredients) must include:
a. A letter requesting quarantine inspection of imports of animal products
b. Trading/Business License
c. HACCP certificate from food producing agencies (*)
*The USDA/AMS sanitary certificate, dated before the product leaves the United States, can be used to replace the HACCP certificate.
d. Certificate of free sale (a copy with the company’s stamp)
e. Other permission granted by authorized agencies in accordance with the regulations.

(*) Effective August 4, 2006, MARD/DAH eliminated HACCP and Certificate of Free Sale from their requirement for dossier for inspection permits to import of beef, pork and poultry meat from the United States.

(17) Special Warning regarding Certificates of Origin and Packing List
Certificates of Origin (C/O) must be issued by competent agencies as prescribed by the exporting country. These agencies usually include organizations such as the Ministries of Trade, Ministries of Industry, Ministries of Finance, and other organizations designated by the government of the exporting country, such as Chambers of Commerce, Chambers of Commerce and Industry, etc. If the C/O is issued by the manufacturer, it must be certified by the concerned competent agency or organization of the issuing country.

C/Os submitted to Vietnam’s customs office must be original (not copies) and contain the following information:
1. The issuance number of the C/O.
2. Name and Address of the exporter, the exporting country.
3. Name and Address of importer, the importing country.
4. Information on transportation of the goods.
5. The trademark and label; quantity and type of packs; description of goods.
6. Weight
7. The origin of the goods
8. The enterprise requesting the C/O issuance (Enterprise’s name and date of request for issuance).
9. The C/O issuing organization (Name, date of issuance and its stamp)

(18) Certificate of Origin Stamp
Although Customs seems to be becoming more reasonable on this point, FAS/Vietnam has assisted with many cases in the past where Customs officials refused to accept U.S. certificates of origin without ‘raised’ seals or official circular stamps. If the C/O has an oblong or rectangular stamp, Customs may reject the document. Only circular stamps are considered official in Vietnam. Additionally, many U.S. bodies issuing certificates of origin do not clearly stamp the paperwork. If Customs cannot read the stamp, it does no good. Likewise, if the stamp is one that produces a ‘raised’ seal, please make sure it is clear. FAS/Vietnam has developed a good working relationship with Customs officials, so please notify us if you encounter any problems with Certificates of Origin.

(20) Imports of GM food and GM products
On June 21, 2010 the Prime Minister approved Vietnam’s Bio-Safety Decree 69/2010/ND-CP replacing the first Vietnam Bio Safety Regulation approved in 2005 (see VM5062). The new Bio-Safety Decree provides a legal framework for bio-safety management of genetically modified (GM) organisms, genetic specimen and products derived from GMOs. This Decree does not regulate pharmaceutical products originating from GMOs. The Decree took effect on August 10, 2010 (see VM2071 for further details of Decree 69).

Since then the appointed Ministries, such as Ministry of Natural Resources and the Environment
(MONRE), MARD, MOH, have issued the following Circulars to provide guidance on state management of GMOs:

Circular 8/2013/TT-BTNMT on the procedure for granting and revoking Bio-Safety Certificates, paving the way for cultivation of agricultural biotechnology crops in Vietnam, issued by MONRE and took effect on July 1, 2013. Click here for Further information about the Circular 8.

Circular 2/2014/TT-BNNPTNT by MARD to promulgate the Approval Process of Issuing and Withdrawing Certification for Genetically Modified Plants for use as food and feed. The Circular 2 entered into force on March 10, 2014. See more details at VM4020.

Circular 6/2015/TT-BNNPTNT by MARD to extend the submission of registration dossier for the Approval Process of Issuing and Withdrawing Certification for Genetically Modified Plants for use as food and feed, as requested by Circular 2, to March 10, 2016. This Circular will come into force on March 31, 2015.

(21) Enforcement Concerns
Traders have noted that enforcement of import regulations is not completely consistent. Moreover, the laws and rates of duties change often and are almost impossible to predict. People working in the trade in Vietnam are often the best source for finding the most up-to-date information about exporting food to Vietnam. Vietnamese government agencies can provide information, but response time may be slow and miscommunication between Ministry and regional offices is possible. Contacting the USDA/FAS Agricultural Affairs Office in HCMC or Hanoi is a good starting point.

Results (Vietnamese) 1:

(16) Phytosanitary and Sanitary Inspection & Required Export CertificatesPhytosanitary and sanitary health inspections for imports of animals and animal products (including dairy products), plants and plant products, and edible fishery products must be done before customs clearance. The Ministry of Agriculture and Rural Development’s Plant Protection Department (PPD) and Department of Animal Health (DAH) handle all sanitary and phytosanitary inspections for these products.+ Phytosanitary CertificateOn September 5, 2014, Vietnam’s Ministry of Agriculture and Rural Development (MARD) released Circular 30/2014/TT-BNNPTNT publishing the list of regulated articles subject to plant quarantine before entering Vietnam. The products outlined in Circular 30 must be accompanied by a Phytosanitary Certificate and undergo a plant quarantine inspection before being granted customs clearance. This Circular entered into force on January 1, 2015. For further details about the Circular 30, please refer the GAIN report VM4057.+ Animal Health CertificateThe inspection of food of animal origin and issuance of animal health certificate are governed under Circular 25/2010/TT-BNNPTNT, and Circular 51/2010/TT-BNNPTNT. For further information about the Circulars, please refer our GAIN report VM0048.Please also refer to the most updated FAIRS Export Certificate Report (VM1052 from July 18, 2011) for information on export certificates and documents that Vietnam requires for imports of foodstuff, animal, plant and fishery products.Special Note: Regarding animal health inspection service, DAH requires:Application dossiers for inspection of imported of animal products for human consumption (meat, offal, eggs, milk and products containing these ingredients) must include:a. A letter requesting quarantine inspection of imports of animal productsb. Trading/Business Licensec. HACCP certificate from food producing agencies (*)*The USDA/AMS sanitary certificate, dated before the product leaves the United States, can be used to replace the HACCP certificate.d. Certificate of free sale (a copy with the company’s stamp)e. Other permission granted by authorized agencies in accordance with the regulations.(*) Effective August 4, 2006, MARD/DAH eliminated HACCP and Certificate of Free Sale from their requirement for dossier for inspection permits to import of beef, pork and poultry meat from the United States. (17) Special Warning regarding Certificates of Origin and Packing ListCertificates of Origin (C/O) must be issued by competent agencies as prescribed by the exporting country. These agencies usually include organizations such as the Ministries of Trade, Ministries of Industry, Ministries of Finance, and other organizations designated by the government of the exporting country, such as Chambers of Commerce, Chambers of Commerce and Industry, etc. If the C/O is issued by the manufacturer, it must be certified by the concerned competent agency or organization of the issuing country.C/hệ điều hành gửi đến văn phòng Hải quan Việt Nam phải được ban đầu (không sao chép) và chứa các thông tin sau:1. số phát hành C/O.2. tên và địa chỉ của nước xuất khẩu, xuất khẩu quốc gia.3. tên và địa chỉ của nhà nhập khẩu, quốc gia nhập khẩu.4. thông tin về giao thông vận tải hàng hóa.5. các thương hiệu và nhãn hiệu; số lượng và loại của gói; Mô tả hàng hóa.6. trọng lượng7. nguồn gốc của hàng hóa8. doanh nghiệp yêu cầu cấp C/O (của doanh nghiệp tên và ngày yêu cầu cho phát hành).9. C/O phát hành tổ chức (tên, ngày phát hành và con dấu của nó)(18) Giấy chứng nhận nguồn gốc temMặc dù Hải quan dường như trở thành hợp lý hơn vào thời điểm này, FAS/Việt Nam đã hỗ trợ với nhiều trường hợp trong quá khứ nơi Hải quan chức từ chối chấp nhận US giấy chứng nhận nguồn gốc mà không có con dấu 'nâng cao' hoặc tem tròn chính thức. Nếu C/O có một con dấu thuôn dài hoặc hình chữ nhật, Hải quan có thể từ chối các tài liệu. Chỉ tròn tem được coi là chính thức tại Việt Nam. Ngoài ra, nhiều hoa kỳ cơ quan cấp giấy chứng nhận nguồn gốc không rõ ràng đóng dấu thủ tục giấy tờ. Nếu Hải quan không thể đọc con tem, nó không có thể không tốt. Tương tự như vậy, nếu con dấu là một trong đó sản xuất một con dấu 'nâng cao', xin vui lòng, hãy chắc chắn nó là rõ ràng. FAS/Việt Nam đã phát triển một mối quan hệ làm việc tốt với các quan chức hải quan, vì vậy xin vui lòng thông báo cho chúng tôi nếu bạn gặp bất kỳ vấn đề với giấy chứng nhận nguồn gốc.(20) Imports of GM food and GM productsOn June 21, 2010 the Prime Minister approved Vietnam’s Bio-Safety Decree 69/2010/ND-CP replacing the first Vietnam Bio Safety Regulation approved in 2005 (see VM5062). The new Bio-Safety Decree provides a legal framework for bio-safety management of genetically modified (GM) organisms, genetic specimen and products derived from GMOs. This Decree does not regulate pharmaceutical products originating from GMOs. The Decree took effect on August 10, 2010 (see VM2071 for further details of Decree 69).Since then the appointed Ministries, such as Ministry of Natural Resources and the Environment(MONRE), MARD, MOH, have issued the following Circulars to provide guidance on state management of GMOs:Circular 8/2013/TT-BTNMT on the procedure for granting and revoking Bio-Safety Certificates, paving the way for cultivation of agricultural biotechnology crops in Vietnam, issued by MONRE and took effect on July 1, 2013. Click here for Further information about the Circular 8.Circular 2/2014/TT-BNNPTNT by MARD to promulgate the Approval Process of Issuing and Withdrawing Certification for Genetically Modified Plants for use as food and feed. The Circular 2 entered into force on March 10, 2014. See more details at VM4020.Circular 6/2015/TT-BNNPTNT by MARD to extend the submission of registration dossier for the Approval Process of Issuing and Withdrawing Certification for Genetically Modified Plants for use as food and feed, as requested by Circular 2, to March 10, 2016. This Circular will come into force on March 31, 2015.(21) Enforcement ConcernsTraders have noted that enforcement of import regulations is not completely consistent. Moreover, the laws and rates of duties change often and are almost impossible to predict. People working in the trade in Vietnam are often the best source for finding the most up-to-date information about exporting food to Vietnam. Vietnamese government agencies can provide information, but response time may be slow and miscommunication between Ministry and regional offices is possible. Contacting the USDA/FAS Agricultural Affairs Office in HCMC or Hanoi is a good starting point.