Import 2020

Legal

We help you know your legal, customs and licensing obligations. You can minimize the risk of problems by checking out your supplier and ensuring you have the right contract to anyone you deal with.

Whether you are filing a purchase order, packaging and labelling a shipment for freight transport, or preparing a certificate of origin at a port, the Incoterms rules are there to guide you. The Incoterms rules provide specific guidance to individuals participating in the import and export of global trade on a daily basis.

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Transport or Transportation Law describes the body of law dealing with all forms of transportation. These laws derive from state, federal, and even local sources, and can apply very broadly at a transport system level or more narrowly to specific activities or things.

Law on road traffic

Law on railway transport

Common Forms of Transportation

When one thinks of transportation, their first thought may be of road vehicles like cars, trucks, and motorcycles. But transportation law also pertains to rail, water vessels, bicycles, airplanes, helicopters, and any other form of getting from one place to another. Similarly, the laws affecting transportation pertain not only to these modes of transit, but also to the infrastructure that supports them, such as roads, bridges, airports, trails, ports, etc.

Save time with legal guidance solutions to practical Law and Data Privacy Advise offer unrivaled content, expert guidance, and in-depth analysis to help you practice more efficiently and navigate the complex legal landscape.

Law on import – export duties

Law on customs

Our goal is to achieve customer satisfaction through excellence in providing shipping and freight services and their solutions. Through our culture, our drive and the expertise of each individual employee, we are uniquely positioned to provide world class services to our global customer base.

Our ‘Import Solutions’ offering is a fully integrated end-to-end service, from order placement to delivery, for all your business import transactions. By partnering with you and our strategic partners, we remove the administration and complexities associated with the import process – and make your life easier.

Save time with legal guidance solutions to practical Law and Data Privacy Advise offer unrivaled content, expert guidance, and in-depth analysis to help you practice more efficiently and navigate the complex legal landscape.

Law on import – export duties

Law on customs

Our goal is to achieve customer satisfaction through excellence in providing shipping and freight services and their solutions. Through our culture, our drive and the expertise of each individual employee, we are uniquely positioned to provide world class services to our global customer base.

Our Export Solutions as a one-stop provider for all of your company’s trade compliance needs. It is terrific to work with an organization that is able to adapt to your needs so readily and effectively.

This Decree deals with provision of logistics services and limitations on liability of logistics service providers and applies to logistics service providers and relevant organizations and individuals.

Decree 163/2017/ND-CP on provision of logistics services

  1. Container handling services, except for services provided at airports.
  2. Container warehousing services classified as auxiliary services for sea transport.
  3. Warehousing services classified as all auxiliary services for multi-modal transport.
  4. Delivery services.
  5. Freight transport agency services.
  6. Customs brokerage services (including customs clearance services).
  7. Other services including bill of lading inspection, cargo brokerage services, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents.
  8. Wholesaling auxiliary services and retailing auxiliary services including management of goods in storage, and collection, collation and classification of goods and their delivery.
  9. Cargo transport services classified as sea transport services.
  10. Cargo transport services classified as inland waterway transport services.
  11. Cargo transport services classified as rail transport services.
  12. Cargo transport services classified as road transport services.
  13. Air carriage services.
  14. Multi-modal transport services.
  15. Technical inspection and analysis services.
  16. Other auxiliary services for transport.
  17. Other services under the agreement signed between the logistics service provider and customer according to basic rules of the Law on Commerce.

Logistics Solutions stipulates the state management of customs with regard to goods permitted to be imported, exported or transited, and vehicle of domestic and foreign entities which are on exit or entry or in transit within the customs territory; and organization and operation of the customs service … refer more detail in bellow links:

Law on customs

Law on import – export duties

Vietnam tax and payable legal

Provides for taxed goods, taxpayers, basis for tax calculation, time for tax calculation, tariff schedules, anti-dumping duty, countervailing duty, safeguard duty imposed upon exports and imports; tax exemption, tax reduction, refund of export and import duties.

Tax calculations

The amount of export or import duty is determined according to the taxable value and duty rate (%) of each article at the time of tax calculation. Export duty rate of each article is specified in the export duty schedule. Import duty rates include preferential rates, special preferential rates, and ordinary rates …

Tax schedules

Pursuant to Article 10 hereof, the export duty schedule enclosed herewith, the Schedule of Concessions annexed to the Protocol of Accession to WTO approved by the National Assembly and other international treaties to which Socialist Republic of Vietnam is a signatory, the Government shall promulgate …

Anti-dumping duties

The imports being dumped in Vietnam and the dumping margin must be determined. The dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing…

Countervailing duties

The imports cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing. It is determined that imports are subsidized as prescribed by law. 

Safeguard duties

Safeguard duties shall be applied for a period not exceeding 4 years, including the period of applying temporary safeguard duties. The period of application of safeguard duties may be extended for up to 06 more years if serious damage or the threat of serious damage to domestic manufacturing still remains and there is evidence that the manufacturing is improving its competitiveness.

Tax exemption

Exported or imported goods of foreign entities granted diplomatic immunity and privileges in Vietnam within the allowance under an international treaty to which Socialist Republic of Vietnam is a signatory; luggage within the tax-free allowance of inbound and outbound passengers; imports to be sold at duty-free shops.

Tax reduction

Exports and imports that are damaged or lost under customs supervision and the damage or loss is verified by a competent organization, tax reduction shall be granted.

The level of reduction shall be proportional to the loss of goods. Tax is exempt if the exports or imports are completely damaged or lost.

Tax refund

The amount of import duty refunded depends on the remaining value of goods when they are re-exported according to the period of time over which they are used or stay in Vietnam. If the goods are no longer usable, import duty shall not be refunded.

Tax shall not be refunded if the refundable amount is below the minimum level specified by the Government.

Vietnam transport legal

Transport regulations

These transport legal solutions apply to domestic and foreign agencies, organizations and individuals involved in goods transport activities in the territory of the Socialist Republic of Vietnam.

Road Freight legal

We sharing prescribes road traffic rules; road infrastructure facilities, vehicles in traffic and road users, road transportation and state management of road traffic.

Rail Freight Legal

Provides for planning for, investment in, construction, protection, management, maintenance and development of railway infrastructures; railway industry, railway vehicles; railway signals, …

Air Freight legal

Provides for civil aviation activities, covering aircraft, airports, airfields, aviation personnel, air navigation, air carriage, aviation security, civil liability, general aviation and other activities related to civil aviation.

Sea Freight Legal

Provides for maritime operations, including regulations on sea-going ships, seafarers, seaports, navigational channels, inland ports, marine transportation, maritime safety and security, …

Vietnam Import Legal

Import regulations

There are too much things same as laws, regulations, certificate, in-co-term, customs law, trade agreement … need to take note once your companies want to import a shipment into Vietnam. We believe you knew and have any experiences for all of that, but if you need our support, we willing to be your partner to help you with our best logistics solutions.

Import License

To import to Vietnam, you need to obtain an investment license and a business registration certificate from the Department of Planning and Investment (DPI)

There is no separate import license in Vietnam – the investment license already allows you to import or export products. You also don’t need additional licenses if you are planning to wholesale your goods to businesses .etc..

Import contract

The most importance clauses of each contract (exclusivity, payment term, applicable law and conpetent jurisdiction, etc …) several drafting alternatives are proposed so you can choose the most appropriate to each situation. Therefore, before you subbmititng the contract to the other party must choose the alternatives that seem best suit to your interest, and eliminate the rest.

Incoterms

INCOTERMS are a set of three-letter standard trade import and export shipping terms most commonly used in international contracts for the sale of goods. It is essential that you are aware of your terms of trade prior to shipment.

Payment terms

A suitable payment method should be selected circumspectly to reduce the payment risk while conforming the needs of us since getting the shipment in the time frame and punctually is the primary objective of each purchasing from oversea.

Trade agreements

Before importing goods from a trade agreement partner, the importer should check with the exporter whether the goods meet the origin criteria and can be imported under a preferential tariff. If that is the case, the importer should request a proof of origin to be provided with the goods.

The importer relies on information provided by the exporter to claim preferential origin upon import. The importer, or the importer’s customs agent on the importer’s behalf, submits an import declaration together with the preferential origin documentation ( proof of origin). This enables the importer to claim preferential tariffs for the imported good instead of the full MFN rates.

Vietnam Export Legal

Export regulations

Exporter and importer still bear the responsibility and are required to familiarize themselves with the local customs legislation and procedures. In terms of preferential origin, the exporter is responsible for determining the origin of goods and providing a proof of preferential origin in the form required under the trade agreement they are intending to use (as this can vary between different agreements).

Export licenses

According to the decree number 69/2018/ND-CP at article 3. The trader are allowed to export regardless of their registered business lines or subtracts. That not including the list of banned goods under this decree or other. However the foreign trader must fulfill Vietnam commitments to the international treaties that Vietnam is a member.

Export contract

The most importance clauses of each contract (exclusivity, payment term, applicable law and conpetent jurisdiction, etc …) several drafting alternatives are proposed so you can choose the most appropriate to each situation. Therefore, before you subbmititng the contract to the other party must choose the alternatives that seem best suit to your interest, and eliminate the rest.

Incoterms

Exporting of the cargo according to CIF or another term is a way for exporter do them business such as professional trader, contributing to develop the ocean transportation service, promoting trade and economic development. 

Payment terms

A suitable payment method should be selected circumspectly to reduce the payment risk while conforming the needs of us since getting the shipment in the time frame and punctually is the primary objective of each purchasing from oversea.

Certificate of origin

Identify the origin of the goods to distinguish between imported goods that are entitled to preferential treatment and apply preferential treatment according to trade agreements signed between countries.

In principle, countries only issue certificates of origin for originating goods of their country. However, commercial practice shows that goods are not only exported directly to the final importing country (where goods are consumed) but can be exported through intermediary countries.

The emergence of intermediate countries has many different causes, either according to the distribution network of the manufacturer, or because the goods are purchased and resold through intermediary countries, etc. To facilitate the operation In this case, some countries have regulations that import goods into their countries when exporting can be granted back-to-back C / O based on the original C / O of the country of origin.

Vietnam logistics Legal

Logistics Regulations

From February 20, 2018, logistics businesses have to meet the business conditions outlined in Decree No.163/2017/ND-CP on logistics services, replacing Decree No.140/2007/ND-CP.

Logistics is one of the services holding great potential in the country at the moment. Based on the current total export and import turnover of $425 billion and the increasing trend, the development potential of logistics services remains strong in Vietnam and is even stronger in the ASEAN. Thereby, the Vietnamese government encourages logistics businesses to take advantage of the opportunities.

Handling regulations

The responsibility for ensuring that these regulations are observed lies with the proprietors of industrial undertakings engaged in the loading, unloading or handling of cargo or goods at docks, quays or wharves or industrial undertakings engaged in the loading, unloading, handling, stacking, unstacking, storing or maintaining (including repairing) or freight containers.

Warehouse regulations

Feel secure with Logistics Solutions knowing that your cargo is being stored in warehouses that are fully fenced with monitored security systems and 24/7 on-site security by a top-rated security company. Logistics Solutions is also fully sprinklered and uses motion detectors, beams and door contacts in all our facilities…

Delivery regulations

Whether you’re shopping online or in store, you can afford to have someone else deliver your purchases to your home or office. No matter the size or number of items in your order, you can get it all delivered. We also have small shipping delivery and large shipping delivery service base on demand and distance of your cargo ….

Transport regulations

Logistics Solutions is responsible for most regulation and supervision in the transport sector, and for deciding on permit applications and maintaining records. The Agency has overall responsibility for producing regulations and ensuring compliance. Its activities encompass all modes of transport …

Customs brokerage regulations

When your business relies on imported goods, you need to work with a shipping services company that can get your merchandise through customs in a timely manner. Logistics Solutions is made up of a team of highly experienced customs brokers and entry writers. Our brokers are licensed through the Vietnam Customs and Border Protection agency and are well-versed in tariff and custom laws, allowing them to foresee and avoid potential obstacles to customs clearance.

Working with a customs broker is the best way to ensure that your goods are successfully imported and that you are not overcharged in duties or taxes.

Vietnam customs Legal

Customs Law

Law on customs stipulates the state management of customs with regard to goods permitted to be imported, exported or transited, and vehicle of domestic and foreign entities which are on exit or entry or in transit within the customs territory; and organization and operation of the customs service.

Task and organization

Vietnam Customs shall inspect and supervise goods and vehicle; tackle smuggling and illegal cross-border trafficking of goods; implement laws on taxation applied to imported and exported goods; release statistics on imported and exported goods in conformity with this Law and other corresponding laws; …

Customs formalities

Strictly adhere to laws and customs operation processes and take responsibility for the performance of their tasks and exercise of their entitlements.

Instruct customs declarants and related entities on request.

Other tasks and entitlements as prescribed in law

Customs inspections

Heads of customs authorities in places where goods are retained shall decide and take responsibility for the physical inspection of goods in the absence of customs declarants in the following cases.

Goods subject to specialized inspection shall be stored at border checkpoints until they are cleared from customs formalities…

 

Customs supervision

Objects of customs supervision include goods, vehicle and domestic vehicle which transport goods currently subject to customs supervision.

According to risk analysis and assessment results and other information relating to objects of customs supervision, customs authorities shall decide appropriate methods of supervision. When detecting law violation, customs authorities shall conduct physical inspection of goods.

Client Testimonials

Don’t take our word for it – here’s what our clients say:

Practical Law enables us to respond to our clients quickly and effectively, delivering increased efficiency and value. 

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Scott M. Coffey

Logistics Options

As an attorney in a boutique law firm, whether I am doing an arm’s length the resources available are vast and high quality.

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Andrew Comiter

Logistics Options

Practical Law allows us to provide the quality legal services that we want at a reasonable price for our clients.         

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John Stroh

Logistics Options
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