What are the conditions for importing functional foods and medical equipment? Which cases are exempt from state inspection of imported food safety?
Hello LAW LIBRARY Advisory Board, I have a question about how the conditions for importing functional foods and medical equipment are regulated? The issuance of the Certificate of Receipt of Registration of the Product Announcement in accordance with the law. Looking forward to helping, thank you very much!
Cases exempted from state inspection of imported food safety
According to the provisions of Article 13 of Decree 15/2018/ND-CP on cases exempted from state inspection of imported food safety (except for cases with food safety warnings), it is stated:
– The product has been granted a certificate of registration of the product announcement.
– Products imported for personal use by subjects enjoying diplomatic privileges and immunities.
– Products in transit, border-gate transfer, transshipment, temporary import for re-export, deposit in bonded warehouses.
– The product is a test or research sample with a quantity suitable for testing or research purposes certified by an organization or individual.
– Products used to display fairs and exhibitions.
– Products and raw materials for production or import are only used for the production and processing of goods for export or for the internal production of organizations and individuals, not for consumption in the domestic market.
– Products temporarily imported for sale at duty-free shops.
– Goods imported to serve urgent requirements under the direction of the Government or the Prime Minister.
If you fall into the above cases, your unit is exempt from state inspection of imported food safety.
Conditions for importing functional foods and medical equipment
Conditions for importing functional foods and medical equipment
What are the conditions for importing functional foods and medical equipment?
The issuance of a certificate of registration of product announcement is specified in Article 6 of Decree 15/2018/ND-CP, which states about specific functional foods:
Food production and trading organizations and individuals must register the product announcement for the following products:
– Food for health protection, food for medical nutrition, food for special diet.
– Nutritional products for children up to 36 months old.
– Mixed food additives with new uses, food additives that are not on the list of additives allowed to be used in food or are not for the right users prescribed by the Ministry of Health.
When the unit registers the product announcement, it will be granted a certificate of registration of the product announcement.
For medical equipment, according to the provisions of Article 3 of Circular 30/2015/TT-BYT, it is stated:
“Article 3. Principles of granting import permits
1. The grant of medical equipment import permits only applies to imported medical equipment on the List specified in Appendix I to this Circular.
2. Medical equipment not on the List specified in Appendix I to this Circular may be imported without an import permit, but must still maintain records for traceability and origin. and manage the quality of medical equipment in accordance with the law.”
Customs documents when carrying out customs procedures in accordance with the law
Regarding customs documents and procedures, please refer to Article 16 of Circular 38/2015/TT-BTC (amended by Clause 5, Article 1 of Circular 39/2018/TT-BTC):
“Article 16. Customs documents when doing customs procedures
1. Customs dossiers for exported goods
a) The customs declaration according to the information criteria specified in form No. 02, Appendix II attached to this Circular.
In case of implementation on paper customs declarations as prescribed in Clause 2, Article 25 of Decree No. 08/2015/ND-CP as amended and supplemented in Clause 12, Article 1 of Decree No. 59/2018/ND-CP dated On April 20, 2018 of the Government amending and supplementing a number of articles of Decree No. 08/2015/ND-CP, the declarant declares and submits 02 originals of the customs declaration according to the form HQ/2015/XK Appendix. Appendix IV promulgated together with this Circular;
b) Commercial invoice or voucher of equivalent value in case the buyer has to pay the seller: 01 photocopy;
c) The list of forest products for export of raw wood according to the regulations of the Ministry of Agriculture and Rural Development: 01 original;
d) Export license or written permission to export from a competent agency according to the law on foreign trade management for exported goods subject to the management under the license:
d.1) If exporting once: 01 original;
d.2) If exporting many times: 01 original when exporting for the first time.
dd) Notice of inspection exemption or notice of specialized examination results or other documents as prescribed by law on specialized inspection and management (hereinafter referred to as Certificate of specialized examination for short) : 01 original.