Procedures for importing surgical gowns

1. Surgical gown import policy

The procedure for importing surgical gowns. Specified in the following legal documents:

• Circular 26/2015/TT-BTC dated 27/02/2015;
• Circular 39/2016/TT-BYT dated 28/10/2016;
• Circular 38/2015/TT-BTC dated 25/3/2015; amended and supplemented 39/2018/TT-BTC dated 20/04/2018;
• Circular 14/2018/TT-BYT dated 15/05/2018;
• Official Letter 4658/BYT-TB-CT dated 12/08/2019;
• Decree 98/2021/ND-CP dated 08/11/2021;
• Guiding Circular /2021/TT-BYT dated /12/2021. Guiding the implementation of Decree 98/2021/ND-CP;
• Decree No. 43/2017/ND-CP dated 14/4/2017;
• Decree 128/2020/ND-CP dated 19/10/2020;
• Document 43/2021/TT-BTC dated 11/06/2021;

According to the above documents, surgical gowns are not on the list of goods banned from import. When importing this item, it is necessary to pay attention to the following points:

• Surgical gowns that want to be imported must classify medical equipment;
• When importing surgical gowns, goods must be labeled according to 43/2017/ND-CP;
• Identify the correct hs code to determine the right tax and avoid penalties;

In addition, when importing medical equipment, the enterprise must be an enterprise registering to trade in medical equipment. Not all businesses can import surgical gowns.

Above is the entire document regulating the procedure for importing surgical gowns, if you do not fully understand the above documents. Please contact our hotline or hotmail for advice.

2. HS Code Surgical Gown

The hs code is a series of codes that are common to all goods worldwide. Between different countries in the world, only the number of tails differs. So the first 6 digits of the worldwide hs code for an item are the same. Here, Just In Time would like to introduce to you the surgical gown code according to the table below:

HS Code	Description
62101090	Protective clothing, surgical gowns, medical gowns for use in hospitals – made from non-woven fabric or similar synthetic materials.
62101019	Clothing and other garment accessories made of synthetic materials or rubber – for medical or cleanroom use.
63079090	Products made of non-woven fabrics, including masks, protective gowns, surgical caps and similar products.
30059090	Disposable medical supplies are impregnated or unimpregnated, including surgical gowns.

Identifying the correct HS code is very important when importing surgical gowns. Misidentifying the hs code will bring certain risks to you, such as:

• Being fined for falsely declaring the hs code according to Decree 128/2020/ND-CP;
• In case of incurring import tax, they will face a fine of at least 2,000,000 VND and a maximum fine of 3 times the tax amount;

For more information on special preferential taxes on the type of surgical gown you import. Please contact our hotline or hotmail for advice.

** See more Procedures for importing medical cotton

3. Import tax on surgical gowns

Import duty is an obligation that the importer must fulfill when carrying out the procedure for importing surgical gowns. Tax liability is mandatory and goods are cleared only when the tax obligation has been fulfilled. There are two types of import duties, namely VAT and import duty. Import duties depend on the hs code of the selected goods. The tax calculation method when carrying out procedures for importing surgical gowns is as follows:

Import tax determined by HS code Import tax is calculated according to the formula:
Import tax = CIF value x % of tax rate

Import VAT is determined according to the formula:
Value Added Tax = (CIF Value + Import Tax) x % of VAT rate

According to the above formula, it can be seen that the import tax on surgical gowns belongs to the applicable tax rate. The tax rate of surgical gowns depends on whether the order has a certificate of origin or not. If there is a certificate of origin (c/o), a special preferential tax rate may be applied.

The import tax on surgical gowns is quite high, while the VAT on this item is 5%. In order to be able to apply the VAT rate of 5%, medical equipment must be announced.

4. Labeling of imported goods

Labeling on imported goods is not a new regulation. However, since Decree 128/2020/ND-CP was issued, the labeling of imported goods has been more closely supervised. Labeling of goods aims to help administrative agencies manage goods, determine the origin and unit responsible for the goods. Therefore, labeling on goods is one of the indispensable stages when importing surgical gowns.

4.1 Label content

In addition to labeling, the content of the label is also very important. The content of labels of goods items is specified in Decree No. 43/2017/ND-CP. For surgical gowns, the contents of a full label include the following information:

• Information of the exporter's family (address, company name);
• Information of the importer (address, company name);
• Name of goods and commodity information;
• Origin of goods;

Those are the basic label content that needs to be affixed to the goods. The information presented must be in English or other languages that must be translated. When carrying out procedures for importing surgical gowns, if you encounter a red channel, the customs inspection will pay great attention to the content of the label above.

4.2 Labeling Placement on Goods

Applying labels to goods is necessary, but applying them in the right place is more important. When importing, the label of the goods needs to be affixed to the surfaces of the package such as: On cartons, on wooden bales, on product packaging. Or any place as long as it is convenient to check and easy to see. Labeling in the right position will help save inspection time when importing surgical gowns of all kinds.

For retail goods on the market, it is necessary to show more information. Such as manufacturer, quantity of goods, specifications, production dates, safety warnings.

4.3 Risks encountered when not labeling

Labeling goods is caught in accordance with the law. If the goods are not labeled when imported or the contents of the goods labels are wrong. Then the importer faces the following risks:

• Fined as prescribed, the fine level is specified in Article 22 of Decree 128/2020/ND-CP;
• Not entitled to special preferential import duties because the certificate of origin will be rejected;
• Goods are easily lost or damaged due to the absence of warning labels for loading, unloading and transportation;

Given the above risks, we recommend that you put a label on the goods when importing surgical gowns. If you don't fully understand the labeling regulations. Please contact the hotline or hotmail for advice.

5. Surgical gown announcement process

Dossiers and processes for making announcement of classification of medical devices in general. Classification of surgical gowns in particular and other items in general. The specific process is specified in Decree 98/2021/ND-CP and Circular 39/2016/TT-BYT.

Currently, the publication of the classification of medical devices is carried out on the electronic system of the Ministry of Health: https://dmec.moh.gov.vn.

Dossiers and procedures for announcing the classification of medical devices, depending on the group of medical devices to be announced: Categories A, B, C, D. Regarding the dossier of registration for announcing the classification of medical devices, please contact our hotline or hotmail for advice.

For surgical gowns, they are classified as category B. The process for registering the classification consists of the following 2 steps:

Step 1: Submit the dossier via the web portal
Before putting medical devices of categories A and B on the market, the establishment announcing the applicable standards is responsible for submitting the announcement dossier to the Department of Health where the business head office is located.

Step 2: Receive feedback and supplement the dossier
Upon receiving the dossier (including papers confirming the payment of fees as prescribed by the Ministry of Finance), the Department of Health in the locality where the medical device business establishment is located shall post the number of announcement of applicable standards applicable to medical devices of categories A and B on the web portal on management of medical devices and the dossier of announcement of applicable standards.

** See more Procedures for importing medical gauze

6. Surgical gown import dossier

The set of dossiers for importing surgical gowns in particular, carrying out procedures for importing other items in general. Specified in Circular 38/2015/TT-BTC dated 25/3/2015; amended and supplemented 39/2018/TT-BTC dated 20/04/2018.

• Customs declaration;
• Sale contract;
• Commercial invoices;
• Packing list;
• Bill of lading;
• Certificate of origin (if any);
• Dossier of declaration of medical devices;
• Catalogue (if any), and other documents if required by customs;

Above are all the documents used to carry out the procedures for clearing surgical gowns. The most important are customs declarations, commercial invoices, bills of lading, medical device declaration documents. Other documents will be supplemented if requested by the customs office.

Preparing documents before importing surgical gowns is extremely important. For original documents such as bills of lading, certificates of origin, the importer must request the seller to deliver the express in advance. Avoid waiting for documents, which can lead to container storage and cargo storage.

If you do not fully understand the documents listed above, you can contact our hotline or hotmail for advice.

7. Procedures for importing surgical gowns

The procedure for importing surgical gowns as well as other items. It is very specifically stipulated in Circular 38/2015/TT-BTC dated 25/3/2015 amended and supplemented 39/2018/TT-BTC dated 20/04/2018. We've summarized the short description steps so you can get a picture of the big picture.

Step 1: Make a medical device classification announcement
Details make a medical device classification announcement for surgical gowns. We have our own article according to the link described above, you can go back to read it again.

Step 2. Declaration of customs
declaration After having all import and export documents: Contract, commercial invoice, packing list, sea waybill, certificate of origin, results of classification of medical equipment, notification of arrival and identification of surgical gown codes. Then you can enter the declared information into the customs system via software.

The declaration of customs declarations on customs software. It requires the importer to have an understanding of input into the software. You should not file a customs declaration on your own without a clear understanding of the job. The arbitrary declaration may have wrong points that cannot be corrected on the customs declaration. At that time, it will take a lot of money and time to fix.

Within 30 days from the date the goods arrive at the port, the customs declarant must make a customs declaration. If this time limit is exceeded, the importer must face a fine fee from the customs.

This is the most important step in the process of importing surgical gowns. All declaration contents will be pushed to the customs system. If there is an error affecting the tax or origin of the goods. Then the importer may face fines according to the customs law. Therefore, it is necessary to pay attention to the information entered on the declaration such as HS code, tax rate, product name, origin.

Step 3. Opening the customs
declaration After the customs declaration is completed, the customs system will return the results of the declaration channeling. If there is a declaration flow, print out the declaration and bring the import dossier to the Customs Sub-Department to open the declaration. Depending on the green, yellow and red channels, take steps to open the declaration.

The opening of the declaration must be carried out as soon as possible, within 15 days from the date of declaration of the declaration. The declarant must bring the dossier to the Sub-department of Customs to open the customs declaration. Within 15 days the declaration will be cancelled and you will face a penalty fee from customs.

Note: After having an official declaration, it is necessary to contact the Customs Sub-Department to carry out procedures for importing surgical gowns. It is not recommended to leave the declaration for a long time before bringing it down for import procedures.

Step 4. Customs clearance of goods
After checking the dossier, if there are no questions, the customs officer will accept the customs clearance of the declaration. You can now pay import duties on your customs declaration to clear your goods.

In some cases, the declaration will be released to take the goods to the warehouse for storage first. After completing all the dossiers, the customs will proceed to customs clearance of the customs declaration. When the declaration has not been cleared, it is necessary to carry out procedures for customs clearance. If you are overdue, you will face a penalty fee and it will take a lot of time.

Step 5. Bringing goods for preservation and use
of customs clearance declarations, the declaration liquidation step is carried out and necessary procedures are carried out to bring goods to the warehouse. In order to be able to pick up the goods smoothly, you need to prepare a full drop order, means of transport and goods that are accepted for passing through the surveillance area.

Above is the process of procedures for importing surgical gowns. If you do not understand the steps of the process, please contact us via hotline or hotmail for advice.

8. Notes when importing surgical gowns

When carrying out procedures for importing surgical gowns, it is necessary to pay attention to the following:

• Import tax is an obligation to be fulfilled to the state;
• VAT on surgical gowns is 5%;
• When importing surgical gowns, they must be labeled according to 43/2017/ND-CP;
• Identify the correct hs code to determine the right tax and avoid penalties;
• It is recommended to carry out procedures for announcing the classification of medical devices before importing. Avoid the situation that the goods arrive and then make them, which will lead to storage and storage;

If you have difficulties when clearing customs, you can choose Just In Time as a companion.

Just In Time's staff is always enthusiastic to support you to handle your work quickly and professionally.

 

JUST IN TIME JOINT STOCK COMPANY

Address: No. 5, Dong Da, Tan Son Hoa Ward, Ho Chi Minh City.

Hotline: +84 83 9910066

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