SELF-DECLARATION OF IMPORTED PRODUCTS

Domestic products are categorized into two types: self-declaration and declaration registration. Does the classification also apply to imported products, or are both procedures mandatory? Let’s explore this topic with LawPlus in the following article.

1. What is Product Self-Declaration?

Product self-declaration is the independent and voluntary act of businesses, organizations, or individuals registering their products with the competent state authority to certify the quality of their products. However, these products must fall within the national list of items permitted for self-declaration.

2. Do Imported Products Need Self-Declaration, or Must They Register for Declaration?

According to the regulations outlined in Article 4 and Article 6 of Decree 15/2018/ND-CP, guiding the Food Safety Law regarding product self-declaration and declaration registration, imported products must undergo either self-declaration or declaration registration procedures, depending on the nature of the product, whether imported or domestically produced. The law uses the term “food business” without differentiating between imported and domestically produced goods.

3. Entities Responsible for Declaration

Imported products must issue a self-declaration if they fall into the following categories:

• Processed and packaged foods.
• Food additives – substances supporting food processing.
• Food containers – materials directly in contact with food.

4. Documents for Self-Declaration of Imported Products

According to the provisions of Article 5, Clause 1 of Decree 15/2018/ND-CP, as amended and supplemented by Decree 155/2018/ND-CP, the documents for self-declaration of imported products include:

• Self-declaration of the product in the prescribed Form 01, as an Annex I issued with this Decree.
• The food safety test results of the product within the 12-month period from the submission date.

5. Procedure for Product Self-Declaration:

Entities wishing to self-declare their products (including imported products) must follow the procedures outlined in Article 5, Clause 2 of Decree 15/2018/ND-CP, as amended and supplemented by Decree 155/2018/ND-CP:

• Self-declare the product on public media or their electronic information page or publicly post it at their premises and announce it on the food safety information update system.
• Submit one copy via mail or directly to the designated state management agency by the provincial People’s Committee (in cases where the food safety information update system is not yet available).
• After self-declaration, entities have the right to manufacture and trade the declared product, taking full responsibility for its safety.

For entities with two or more production facilities producing the same product, they should submit documents to only one designated state management agency chosen by the entity. Subsequent self-declarations must be submitted to the previously selected agency.

All documentation must be in Vietnamese. If there are foreign-language documents, they must be translated into Vietnamese and notarized. Documents must remain valid at the time of self-declaration.

In cases where there are changes to the product’s name, origin, or composition, entities must redeclare the product. For other changes, entities must notify the relevant state management agency in writing and can continue production and business activities immediately after the notification.

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