In a move to streamline import-export processes and support business operations, Vietnamese authorities have announced a significant policy adjustment concerning the clearance of certain chemical products. This follows a recent incident in which customs officials temporarily detained a shipment at a border checkpoint due to its inclusion of industrial precursor substances.
Detained Shipment Highlights Regulatory Grey Areas
The detained shipment, valued at approximately USD 410,000, comprised products such as paints, printing inks, adhesives, cleaning agents, and construction materials. Upon inspection, Vietnamese customs determined that the goods contained substances listed in Appendix IVB of Decree No. 57/2022/ND-CP – a regulatory list concerning narcotic substances and industrial chemical precursors. Additionally, these substances fall under the industrial precursor control list outlined in Appendix I, Category II of Decree No. 113/2017/ND-CP, which guides the implementation of the Law on Chemicals.
IVB: Solvent and Catalyst Precursors in Drug Manufacturing |
No. |
Name |
CAS No. |
HS Code |
1 |
Acetic acid |
64-19-7 |
2915.21.00 |
2 |
Acetone |
67-64-1 |
2914.11.00 |
3 |
Acetyl chloride |
75-36-5 |
2915.90.10 |
4 |
Ammonium formate |
540-69-2 |
2915.12.00 |
5 |
Diethylamine |
109-89-7 |
2921.19.00 |
6 |
Ether |
60-29-7 |
2909.11.00 |
7 |
Ethylene glycol diacetate |
111-55-7 |
2915.39.90 |
8 |
Formamide |
75-12-7 |
2924.19.90 |
9 |
Formic acid |
64-18-6 |
2915.11.00 |
10 |
Hydrochloric acid |
7647-01-0 |
2806.10.00 |
11 |
Methyl ethyl ketone |
78-93-3 |
2914.12.00 |
12 |
Methylamine |
74-89-5 |
2921.11.00 |
13 |
Nitroethane |
79-24-3 |
2904.20.90 |
14 |
Potassium permanganate |
7722-64-7 |
2841.61.00 |
15 |
Sulfuric acid |
7664-93-9 |
2807.00.00 |
16 |
Tartaric acid |
526-83-0 87-69-4 133-37-9 |
2841.61.00 |
17 |
Thionyl chloride |
7719-09-7 |
2812.17.00 |
18 |
Toluene |
108-88-3 |
2902.30.00 |
As a result, the importing company was initially required to present an import-export permit issued by the Chemical Agency under the Ministry of Industry and Trade to proceed with customs clearance.
Legal Ambiguity Surrounding Permit Requirements
However, disputes emerged around the legal basis for the detention. According to recent amendments introduced by Decree No. 82/2022/ND-CP (Clause 11, Article 1), a range of products are excluded from the scope of regulated chemicals under Vietnam's chemical management legislation. These include:
* Medicines
* Pesticides, food, and cosmetics
* Animal feed, veterinary drugs, agricultural pesticides
* Organic and mixed fertilizers
* Materials used in processing agricultural, forestry, and aquatic products
* Radioactive substances
* Construction materials
* Paints and inks
* Household adhesives and cleaning products
* Petroleum and fuels governed by the Law on Petroleum
* Condensates and naphtha used in petroleum production
Given these exclusions, customs officials questioned the jurisdiction of the Chemical Agency in issuing permits for such goods, resulting in temporary clearance delays.
Resolution and Permit Exemption for Specific Products
The matter gained further clarity with the issuance of Government Resolution No. 66/NQ-CP dated March 26, 2025, which explicitly calls for reduced administrative procedures to facilitate business operations. Customs authorities have since acknowledged that items such as paints, adhesives, and household cleaning products containing industrial precursor substances are essential consumer goods and vital to production activities, especially under current economic challenges.
Accordingly, importers meeting the following two criteria will be exempt from the permit requirement:
1. The imported goods fall within the categories listed in Clause 11, Article 1 of Decree No. 82/2022/ND-CP;
2. The goods contain industrial precursors listed under Appendix IVB of Decree No. 57/2022/ND-CP.
In such cases, companies are no longer required to obtain a permit from the Chemical Agency. Instead, they must submit a written declaration confirming the lawful and appropriate use of the imported substances. This policy shift is expected to significantly ease compliance burdens and accelerate production timelines for qualifying businesses.
Important Advisory for Exporters and Importers
Exporters and importers operating in Vietnam are strongly advised to take note of these regulatory changes. Eligible enterprises can now complete customs clearance based on self-declaration, thereby improving trade efficiency and reducing procedural delays. However, it is recommended that businesses establish robust internal tracking systems for the end-use of imported products to ensure ongoing compliance with exemption criteria.
This regulatory adjustment reflects Vietnam's broader efforts to create a more business-friendly environment and underscores the government's commitment to facilitating international trade while maintaining effective chemical oversight.