1. Raw cashew nut import policy
Policy and procedures for importing raw cashew nuts in particular, and other agricultural products in general. Regulated in the following legal documents:
According to the above legal documents, raw cashew nuts are not on the list of goods prohibited from import. However, when carrying out procedures for importing raw cashew nuts, the following points should be noted:
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Imported raw cashew nuts must undergo plant quarantine;
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Raw cashew nuts are not subject to VAT;
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When importing raw cashew nuts, the goods must be labeled according to 43/2017/ND-CP;
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Correctly identify the HS code to determine the correct tax and avoid fines;
If you do not understand the above regulations. Please contact the hotline or hotmail for advice.
2. Determine the HS code of raw cashew nuts
Determining the HS code is the most important step when doing the procedures for importing raw cashew nuts. Determining the HS code will determine import tax, VAT and import policy. To correctly determine the HS code of raw cashew nuts, you need to understand the characteristics of the goods: Material, composition and characteristics of the product.
2.1 HS code of raw cashew nuts
The HS code (Harmonized System) is a series of codes used for all goods worldwide. Between different countries in the world, only the tail number is different. Therefore, the first 6 numbers of the HS code worldwide for an item are the same. Below, Door to Door Viet would like to share with you the HS code table of raw cashew nuts.
|
HS Code |
Description |
|
|
HS code for pre-processed cashew nuts |
|
08013100 |
Unpeeled
|
|
08013200 |
Peeled |
|
20081910 |
HS code processed and packaged |
According to the import and export tax schedule, the HS code for unshelled cashew nuts is 08013100, the shelled type is 08013200 and the processed and packaged type is 20081910. The VAT rate for cashew nuts is 5%.
2.2 Risks of applying the wrong HS code
Determining the correct HS code is very important when carrying out procedures for importing raw cashew nuts. Determining the wrong HS code will bring certain risks to you such as:
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Delay in customs procedures: Declaring the wrong HS code can lead to delays in customs procedures, as it takes time to check and verify accurate information about the type of goods;
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Penalty for declaring the wrong HS code according to Decree 128/2020/ND-CP;
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Delayed delivery: If the goods are found to have declared the wrong HS code, the customs authority may request correction or clarification of the information. This can lead to delays in delivery and affect the production and business cycle of the enterprise.
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In case of import tax, the penalty will be at least 2,000,000 VND and the highest is a penalty of 3 times the tax amount;
To determine the exact HS code for a specific type of raw cashew nut. Please contact the hotline or hotmail for advice.
3. Raw cashew nut import tax
Determining tax is an important step in the cashew nut import procedure. Because import tax is an obligation to the state that the importer must fulfill. There are two types of import tax: import VAT and import tax. To determine the import tax on raw cashew nuts, you can refer to the following tax rate calculation:
Import tax is determined by the HS code, the import tax is calculated according to the formula:
Import tax = CIF value x % tax rate
The CIF value is determined by the factory value of the goods, plus all costs to bring the goods to the first border gate of the importing country.
Import VAT is determined according to the formula:
Value added tax = (CIF value + Import tax) x % VAT rate.
According to the above import tax calculation formula, the amount of import tax depends on the tax rate of each HS code. For raw cashew nuts, the VAT is 0, so at this time there is only the import tax on the goods.
For shipments imported from countries with which Vietnam has signed a trade agreement. The importer should ask the seller to provide a certificate of origin for the shipment. To enjoy special preferential import tax rates.
4. Labeling imported goods
Labeling 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 monitored. Labeling goods aims to help administrative agencies manage goods, identify the origin and the unit responsible for the goods. Therefore, labeling goods is one of the indispensable steps when carrying out procedures for importing raw cashew nuts from different countries.
4.1 Label content
In addition to labeling, the content of the label is also very important. The content of the labels of goods is regulated in Decree No. 43/2017/ND-CP. For raw cashew nuts of all kinds, the content of a complete label includes the following information:
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Information of the exporter (address, company name);
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Importer information (address, company name);
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Goods name and goods information;
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Goods origin;
These are the basic label contents that need to be affixed to the goods. The information shown must be in English or other languages that must be translated. When carrying out procedures for importing raw cashew nuts, if a red line is encountered, customs inspection will pay close attention to the label content above.
4.2 Labeling position on goods
Affixing labels on goods is necessary, however, affixing them in the correct position is more important. When importing, the product label needs to be affixed to the surfaces of the package such as: On carton boxes, on wooden crates, on product packaging. Or anywhere that is convenient to check and easy to see. Labeling in the correct position will help save time for inspection when carrying out procedures for importing raw cashew nuts of all kinds.
For retail goods on the market, it is necessary to show more information. As the manufacturer, quantity of goods, technical specifications, production date, safety warnings.
4.3 Risks encountered when not labeling
Labeling on goods is caught according to the provisions of law. If the goods are not labeled when imported or the content of the label is incorrect. The importer must face the following risks:
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Be fined according to regulations, the penalty level is specified in Article 22 of Decree 128/2020/ND-CP;
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Not entitled to special preferential import tax because the certificate of origin will be rejected;
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Goods are easily lost or damaged due to the lack of warning labels for loading, unloading and transportation;
With the above risks, we recommend that you label the goods when doing the procedures to import raw cashew nuts of all kinds. If you do not fully understand the regulations on product labels. Please contact the hotline or hotmail for advice.
5. Documents for importing raw cashew nuts
Documents for importing raw cashew nuts in particular, and for importing other goods in general. Stipulated in Circular 38/2015/TT-BTC dated March 25, 2015; amended and supplemented by 39/2018/TT-BTC dated April 20, 2018. The following are documents for importing raw cashew nuts of all kinds:
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Customs declaration;
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Bill of lading
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Commercial invoice;
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Sales contract;
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Packing list;
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Certificate of origin;
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Plant quarantine;
In the above documents for importing raw cashew nuts, the following documents are the most important: Customs declaration, commercial invoice, bill of lading and plant quarantine records. For other documents, they will have to be supplemented when requested by customs.
Certificate of origin is not a mandatory document. However, to enjoy special preferential import tax rates, buyers should request the seller to provide them. The special preferential import tax rate is usually 0%. If you do not fully understand the above documents, please contact the hotline or hotmail for advice.
6. Procedures for importing raw cashew nuts
Procedures for importing raw cashew nuts. Very specifically regulated in Circular 38/2015/TT-BTC dated March 25, 2015, amended and supplemented by Circular 39/2018/TT-BTC dated April 20, 2018. Here, Just In Time would like to introduce the steps for importing raw cashew nuts.
Step 1: Declare customs declaration
After having all the import and export documents: Contract, commercial invoice, packing list, bill of lading, certificate of origin, notice of arrival and determining the HS code of raw cashew nuts. Then you can enter the declaration information into the customs system via the software.
Declare customs declaration on customs software. Requires the importer to have knowledge about entering data into the software. Do not arbitrarily declare customs declaration when you do not fully understand this work. Arbitrary declaration can easily cause points that cannot be corrected on the customs declaration. At that time, it will cost a lot of money and time to fix.
Within 30 days from the date the goods arrive at the port, the customs declarant must declare the customs declaration. If this deadline is exceeded, the importer will face a penalty fee from the customs.
This is the most important step in the process of importing raw cashew nuts. Enterprises that make false declarations will face penalties for taxes and origins according to customs law.
Step 2: Register for plant quarantine
Register for plant quarantine is done by declaring on the national single window system. And will contact the quarantine agency to collect samples and issue plant quarantine certificates.
Step 3: Open customs declaration
After completing the customs declaration, the customs system will return the declaration flow results. If there is a declaration flow, print the declaration and bring the import dossier to the customs branch to open the declaration. Depending on the green, yellow, red flow, perform the steps to open the declaration.
Opening the declaration must be done as soon as possible, no later than 15 days from the date of declaration. The declarant must bring the dossier to the customs branch to open the customs declaration. After 15 days, the declaration will be canceled and you will face a penalty fee from the customs.
Note: After having the official declaration, you need to contact the customs branch to carry out the procedures for importing raw cashew nuts. You should not leave the declaration for a long time before bringing it down to carry out the import procedures.
Step 4. Clearing the customs declaration
After checking the documents, if there are no questions, the customs officer will accept the declaration. You can now pay the import tax for the customs declaration to bring the goods to the warehouse for storage. In some cases, the declaration will be released to bring the goods to the warehouse for storage first. After completing the documents, the customs will proceed to clear the customs declaration. When the declaration has not been cleared, it is necessary to carry out the procedures for the declaration to be cleared. If it is overdue, you will face a penalty fee and it will take a lot of time.
Note: Plant quarantine must be completed and a plant quarantine certificate must be obtained. Only then will the goods be allowed to be cleared for import.
Step 5. Bring the goods to the warehouse for storage and use
For the customs declaration, proceed with the declaration liquidation step and complete the necessary procedures to bring the goods to the warehouse. To be able to bring the goods to the warehouse, you need to prepare in advance the delivery order, the port pick-up form and arrange the means to pick up the goods. Avoid the situation where the declaration is completed but there is an order from the shipping line to take the goods out of the port.
The above are 5 basic steps to complete the procedures for importing raw cashew nuts. If you do not fully understand the process, please contact the hotline or hotmail for advice.
7. Process of plant quarantine for cashew nuts
Plant quarantine is a mandatory step in the process of importing raw cashew nuts. The following quarantine process only applies to raw cashew nuts imported in raw form, which cannot be used directly. For raw cashew nuts that can be used directly, plant quarantine is not required but instead, a quality inspection declaration procedure is carried out. To be able to carry out plant quarantine, the importer needs to note the following points:
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A Phytosanitary Certificate is required in the exporting country, also known as Phyto.
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The exporting country must be on the list of countries permitted to export plant products to Vietnam.
The above are two necessary conditions to be able to carry out plant quarantine for imported cashew nuts. The following are the steps for the quarantine of imported cashew nuts:
Step 1. File declaration
The quarantine declaration will be made on the national single window system https://vnsw.gov.vn.
Step 2. Prepare the application for plant quarantine
The quarantine dossier includes the following documents:
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Import dossier;
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Plant quarantine registration;
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Plant quarantine certificate of the exporting country (original);
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Import plant quarantine license (if any; original or copy);
Step 3. Submit the paper dossier at the Plant Quarantine Sub-Department
Once you have the above set of documents, there are two ways: one is to bring the dossier directly to the Plant Quarantine Sub-Department to submit directly; the other is to send it by post to the Plant Quarantine Sub-Department.
After receiving the dossier, the quarantine department will stamp the dossier and return the registration certificate that the enterprise has registered above and return it to the enterprise.
Step 4. Open the import declaration and take quarantine samples
Opening the import declaration, in the normal import declaration dossier, there will be an additional quarantine registration certificate and an additional official dispatch requesting to cut the seal to take plant quarantine samples.
When accepted by customs, the quarantine officer will be contacted to take quarantine samples at the port. After taking the samples, the Plant Quarantine Department will send back a certificate that the enterprise has registered for plant quarantine at the department.
Step 5. Get the certificate and supplement the certificate to relevant agencies.
After receiving quality results from the Certification Center, the certificate will be supplemented to the Plant Quarantine Department and supplemented to the customs agency.
Customs officers will base on the certificate from the Inspection Center to conduct customs clearance or request re-export of the shipment.
Note: For processed and packaged cashew nuts for distribution on the market. When carrying out import procedures for cashew nuts, food safety quality inspection must be carried out.
8. Notes when importing cashew nuts
When carrying out procedures for importing raw cashew nuts, it is necessary to note the following points:
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Import tax is an obligation that the importer must fulfill to the state;
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Raw cashew nuts are not subject to import VAT;
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For raw cashew nuts that are pre-processed products, plant quarantine must be carried out;
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For raw cashew nuts that have been processed, packaged for retail, and are products that people can use directly, they can be imported as confectionery and food;
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Cashew trees for breeding must have a license from the Ministry of Agriculture;
If you have difficulty with customs procedures, you can choose Just In Time as your 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
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