Procedures for importing breast pumps

1. Policy on import of breast pumps

The process of procedures for importing breast pumps. Stipulated in the following legal documents:

• Circular 26/2015/TT-BTC dated 27/02/2025;
• 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, breast pumps are not on the list of goods banned from import. When importing this item, it is necessary to pay attention to the following points:

• Not all breast pumps have to make a medical device declaration;
• Breast pumps are classified as food contact items, must make food safety declarations;
• When importing breast pumps, they must be labeled according to 43/2017/ND-CP;
• Determine the correct HS code to determine the correct tax and avoid being fined;

Breast pumps are divided into two types, which are machines that are only used for pumping milk and storing milk. The second type is a breast pump with the additional function of assisting in unclogging and regulating the milk glands. The import procedure of these two types is different in that if there is an additional function of unclogging and air conditioning, medical equipment must be announced.

2. Determine the HS code of the breast pump

Determining the HS code is the most important step when carrying out procedures for importing breast pumps. Identifying the HS code will determine the import tax, VAT and import policy. To determine the correct breast pump hs code, you need to understand the characteristics of the product: Material, composition and characteristics of the product.

2.1 Breast pump hs code

HS (Harmonized System) code is a series of codes that are common to all goods around the world. Between different countries in the world, there is only a difference in the number of tails. Therefore, the first 6 digits of the worldwide hs code for an item are the same. Here, Just In Time would like to share with you the code table of breast pumps.

HS Code	Description
84142090	Electric or mechanical breast pumps, of the type of vacuum pump or air pump.
90189090	Other medical instruments and equipment – applicable to breast pumps for medical use.

2.2 Risks of applying the wrong hs code

Determining the correct HS code is very important when carrying out procedures for importing breast pumps. Identifying the wrong hs code will bring certain risks to you such as:

• Delay in customs procedures: Incorrect declaration of HS codes can lead to delays in customs procedures, as it takes time to check and verify accurate information about the type of goods;
• Shall be fined for incorrectly declaring hs codes according to Decree 128/2020/ND-CP;
• Delayed delivery: If the goods are found to have declared the wrong HS code, the customs authority may request correction or clarification of information. This can lead to delays in the delivery process and affect the production and business cycle of the business;
• 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;

To correctly identify the hs code for a specific type of breast pump. Please contact the hotline or hotmail for advice.

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3. Import tax on breast pumps

Determining import tax is an important task when carrying out procedures for importing breast pumps. The import tax of the goods depends on the hs code of the item. Each hs code has a specific tax rate. Here, Just In Time would like to introduce how to calculate import tax and notes when determining import tax.

3.1 How to calculate import tax on breast pumps

Import taxes on industrial valves are calculated according to the same formula as other items. There are two types of import tax on this item, namely import tax and import VAT.

Import tax determined according to the import tax hs code is calculated according to the formula:
Import tax = CIF value x % tax rate

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

The CIF value is determined by the ex-factory value of the goods plus all costs to bring the goods to the first border gate of the importing country. Import tax is the cost included in the cost of goods sold of an order. Therefore, you must check the correct HS code to get the best import tax code.

3.2. Notes when determining import tax on breast
pumps When determining import tax on breast pumps of all kinds, it is necessary to pay attention to the following points:

• For countries that have signed trade agreements with Vietnam such as: Europe, India, Australia, Chile, China, South Korea, Japan, Asean countries. It is necessary to note that the special preferential tax rate is usually 0%;
• To enjoy the preferential tax rate, a certificate of origin is required;
• The taxable value is the CIF value. For orders purchased under other conditions. When calculating import tax, the value must be converted into CIF value for import tax calculation;
• Import taxes will also be subject to VAT;

Those are the notes when calculating import tax on breast pumps. If you don't understand how to calculate taxes and the notes above. Please contact the hotline or hotmail for advice.

4. Dossier of import of breast pumps

The set of dossiers for carrying out procedures for importing breast pumps in particular, carrying out procedures for importing other items in general. Stipulated 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 invoice;
• Packing list;
• Bill of lading;
• Certificate of origin (if any);
• Dossier of announcement of medical equipment;
• Catalog (if any), and other documents if required by customs;

Above are all documents used for customs clearance procedures for breast pumps. The most important are customs declarations, commercial invoices, bills of lading, and medical device declaration documents. Other documents will be supplemented if requested by the customs office.

Preparing documents before carrying out procedures for importing breast pumps is extremely important. For original documents such as bills of lading, certificates of origin, the importer must ask the seller to courier 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.

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5. Process of procedures for importing breast pumps

The procedure for importing breast pumps as well as many other items. It is very specifically stipulated in Circular 38/2015/TT-BTC dated 25/3/2015 amending and supplementing 39/2018/TT-BTC dated 20/04/2018. We summarize the steps in a short description so that you can visualize the big picture.

Step 1: Announcing the classification of
medical devices Documents and processes for announcing the classification of medical devices in general. Classification of breast pumps 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 the publication of classification of medical devices, please contact our hotline or hotmail for advice.

For breast pumps, they are classified into category B. The process to register for classification includes the following 2 steps:

Submission of dossiers via the web
portal Before putting medical devices of class A and B on the market, establishments announcing applicable standards are responsible for submitting dossiers of announcement to the Department of Health of the localities where their business offices are located.

Receive feedback and supplement to complete the dossier
Upon receipt of the dossier (including papers certifying that the fee has been paid according to the regulations of the Ministry of Finance), the Department of Health in the locality where the medical equipment business establishment is located. Publication of the number of announcement of standards applicable to medical devices of class A and B on the web portal on management of medical devices and dossiers of announcement of applicable standards

Step 2. Declaration of customs
declaration After having complete import and export documents: Contract, commercial invoice, packing list, sea waybill, certificate of origin, results of classification of medical equipment, notification of arrival of goods and identification of the HS code of the breast pump. Then the declared information can be entered into the customs system via software.

The declaration of customs declarations on customs software. Importers are required to have an understanding of data entry into the software. Customs declarations should not be filed on your own when you are not familiar with the job. The self-declaration may be wrong in 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 of arrival of goods 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 side.

This is the most important step in the process of importing breast pumps. All declared contents will be pushed to the customs system. If there is an error affecting taxes or the origin of 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, name of goods, 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 flow of declarations, 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, the steps to open the declaration are taken.

The opening of the declaration must be carried out as soon as possible, no later than 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 more than 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 breast pumps. 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 the customs declaration to clear the goods.

In some cases, the declaration will be released to bring the goods to the warehouse for pre-storage. After completing the dossier, the customs will proceed to customs clearance of the customs declaration. When the declaration has not yet been cleared, it is necessary to carry out procedures for customs clearance. If you are past the deadline, 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, proceed with the liquidation of the declaration and carry out necessary procedures to bring goods to warehouses. In order to be able to pick up your goods smoothly, you need to have a full release order, a means of transport and an accepted order for the goods to pass through the monitoring area.

Above is the process of steps to carry out procedures for importing breast pumps. If you do not understand the steps, please contact us via hotline or hotmail for advice.

6. Notes when importing breast pumps

When carrying out procedures for importing breast pumps, it is necessary to note the following:

• Import tax is an obligation that must be fulfilled with the state;
• VAT on breast pumps is 5%;
• When importing breast pumps, they must be labeled according to 43/2017/ND-CP;
• Determine the correct HS code to determine the correct tax and avoid being fined;
• It is recommended to carry out procedures for announcing the classification of medical devices before importing. Avoiding the situation that the goods come back and then make it will lead to warehousing;

If you have difficulties in customs clearance, 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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