Nowadays, the exchange and trade of goods between countries are becoming more and more popular and developed. It not only helps to increase the friendship between countries but also brings many positive effects to the economy. Import activities, in particular, have met the requirements and become a special arm to support these activities with development conditions but do not exceed the provisions of the law, which upholds the role of the customs authority. Besides the import of goods, they also have to declare through the customs office, but there are still some traders who have not yet grasped the customs declaration activities when importing these goods. We invite you to read through Lawyer X’s article to understand and understand the regulations on “What information do you need to declare when entering Vietnam?” which can help readers understand more deeply about the law.
Legal grounds
Customs Law 2018
Decree 08/2015/ND-CP
Decree 59/2018/ND-CP amending Decree 08/2015/ND-CP
Circular 38/2015/TT-BTC
The concept of customs declaration
Customs declaration is a mandatory activity of the customs declarant to perform when exporting and importing goods into/out the Vietnamese territory. A Customs declaration is made when goods and vehicles stop at border gates, seaports, or airports to enter or leave our country’s territory.
Customs declaration activities are carried out by customs declarants, including Owners of imported and exported goods; Vehicle owners, drivers of transport means on exit, entry, or in transit, or authorized by owners of means of transport on exit, entry, or in transit; Person authorized by the owner of the goods in case the goods are gifts or gifts of individuals; luggage sent before or after the trip of people on exit or entry; goods imported for implementation of tax-free investment projects; Persons performing goods transit or transshipment services; Customs clearance agent; Enterprises providing international postal services, international express delivery services, unless otherwise requested by the owner of the goods.
Customs declarations can be made on paper customs declarations or done electronically. In particular, the electronic method is becoming more and more dominant because it is more convenient, faster, and simplifies administrative procedures.
Overview of import customs declarations
Import customs declarations are used to declare information about imported consignments, which include:
– The border-gate customs unit.
– Export company, import company.
– Modes and means of transport.
– Name of goods, volume, the value of goods.
– Tax obligations (import tax, excise tax, environmental protection tax, VAT).
– Customs directives.
Customs declaration form
The current import customs declaration form is specified in Circular 38/2015/TT-BTC, form HQ/2015/NK.
Procedures for customs declaration for goods
According to the law, the customs declaration procedures for the two different methods are different the complicated procedures stem from the different types of goods, as well as state is also diverse.
For electronic customs declaration: When declaring customs, the customs declarant shall:
(1) The customs declarant must declare in advance information related to exported and imported goods according to the information criteria prescribed by law. In case of accepting the information declared in advance, the system will notify the number of the customs declaration; in case of non-acceptance, the system shall notify in detail the reasons for non-acceptance and the requested content of amendment and supplementation for the customs declarant to amend and supplement the declared contents; After declaring in advance the information of exported and imported goods, the customs declarant receives feedback from the System to make the official declaration of the customs declaration and proceed to create information on the customs declaration on the System. electronic customs declaration system.
(2) Submit the customs declaration to the Customs authority through the Customs Electronic Data Processing System;
(3) Receive feedback and follow the instructions of the Customs authority. The customs declarant himself checks the content of the feedback from the System and is responsible before the law when using the feedback from the System to carry out customs procedures.
For customs declarations on paper customs declarations, the customs declarant shall fully declare all the criteria on the customs declaration, sign, and stamp (except for cases where the customs declarant is an individual) on the declaration for submission. to customs authorities. A customs declaration can declare up to 50 lines of goods, if there are more than 50 lines of goods, the customs declarant declares on many customs declarations.
The time limit for submitting a customs declaration
Identified according to imported or exported goods: in which, for exported goods, the submission of customs declarations is made after the goods have been gathered at the location notified by the customs declarant and at least 04 hours before the means of transport leave; for export goods sent by express delivery service, at least 02 hours before the means of transport leave the country; For imported goods, the customs declaration shall be submitted before the date of arrival of the goods at the border gate or within 30 days from the date of arrival of the goods at the border gate.
Authority to decide not to allow entry
For the authority to decide not to allow entry. This authority belongs to many different individuals and agencies. Not just the head of the immigration control unit.
The head of the control unit is only authorized to decide not to allow entry in the first 6 cases. In the following cases, the authority in turn belongs to:
1. The Minister of Health;
2. The Minister of Agriculture and Rural Development;
3. Minister of Public Security, Minister of National Defense.
In addition, the conditions for international visitors to enter Vietnam include:
Passengers who are citizens of the following 13 countries, are exempted from visa when entering Vietnam with a temporary stay of 15 days, regardless of passport type, entry purpose, on the basis of meeting all conditions. in accordance with the laws of Vietnam: Federal Republic of Germany, Republic of France, Republic of Italy, Kingdom of Spain, United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, Republic of Korea, Kingdom of Denmark, Kingdom of Sweden, Kingdom of Norway, Republic of Finland and Republic of Belarus. Validity: from March 15, 2022 to the end of March 14, 2025.
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Frequently asked questions
According to Article 21 of the Law on Exit and Entry 2014
“Article 21. Cases that have not been allowed to enter the country
1. Failing to meet the conditions specified in Clause 1, Article 20 of this Law.
2. Children under 14 years old are not accompanied by a parent, guardian, or authorized person.
3. Forging papers, making false declarations be granted valid papers on entry, exit, and residence.
4. Persons suffering from mental illnesses or infectious diseases that pose a danger to public health.
5. Being expelled from Vietnam for less than 03 years from the effective date of the decision on expulsion.
6. Forced exit from Vietnam within 06 months from the effective date of the decision on forced exit.
7. For reasons of disease prevention and control.
8. Due to natural disasters.
9. For reasons of national defense, security, social order, and safety.”
According to Article 5 of the Law on Entry and Exit 2014
“Article 5. Prohibited acts
1. Obstructing foreigners and related agencies, organizations, and individuals from exercising their rights, obligations, and responsibilities as prescribed by law on entry, exit, transit, and residence of foreigners in Viet Nam.
2. Making procedures, papers, and revenues contrary to the provisions of this Law and other relevant provisions of law; harassing and causing troubles in the completion of procedures for foreigners to enter, exit, transit, and reside in Vietnam.
3. Illegal entry, exit, transit, or residence in Vietnam; forging, using fake papers to enter, exit, transit, or reside in Vietnam.
4. Providing false information and documents to enter, exit, transit or reside in Vietnam.
5. Taking advantage of entry, exit, transit, or residence in Vietnam to oppose the State of the Socialist Republic of Vietnam; infringing upon the lawful rights and interests of agencies, organizations, and individuals.
6. Buying, selling, renting, leasing, borrowing, lending, erasing, erasing, correcting contents of papers with entry, exit or residence for foreigners to enter, exit, transit through, reside in Vietnam.”
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