I. LED Import Procedures
LED (short for Light Emitting Diode) stands for a light-emitting diode. LED lighting products produce light more efficiently, up to 90% more efficient than incandescent bulbs. LED lights have a long lifespan, good light quality, which is why they are highly favored by users. LED lights are not unfamiliar in our daily lives. When we talk about LED lights, we talk about the rich benefits of lighting.
So how do you go about importing LED lights? Do you need any permits? Can H-Cargo assist and guide you through the customs clearance process? The answers will be in the LED import procedures article below.
II. Regulations and Considerations for Importing
The import procedures for LED lights are regulated by a series of legal documents, including:
Decree No. 127/2007/NĐ-CP dated August 1, 2007;
Decision No. 04/2017/QĐ-TTg dated March 9, 2017;
Circular No. 38/2015/TT-BTC dated March 25, 2015, and amended and supplemented by Circular No. 39/2018/TT-BTC dated April 20, 2018;
Circular No. 08/2019/TT-BKHCN dated September 25, 2019;
Decision No. 1383/QĐ-BKHCN dated May 22, 2020;
Decree No. 43/2017/NĐ-CP dated April 14, 2017;
Decree No. 128/2020/NĐ-CP dated October 19, 2020.
Based on these documents, new LED lights are not in the list of prohibited import goods. However, used LED lights are still prohibited from importation. When carrying out the LED light import procedures, it is essential to adhere to the following key points:
Used LED lights are not allowed for importation.
Quality inspection is mandatory for imported LED lights.
Labeling of goods during the import process is required.
To avoid violations and penalties, it is essential to correctly identify the HS code for LED lights.
These are the basic legal regulations regarding LED light import procedures. If you have any further questions or uncertainties, please feel free to contact our hotline or email address for more detailed assistance.
III. Classification of HS Codes
Each type of LED light corresponds to a unique HS code. Here is a list of HS codes along with descriptions for the corresponding goods:
HS code references:
HS code group 85.39 includes LED lights in bulb form with bases (e.g., screw base, bayonet base, or bi-pin base) for fitting into lamp holders.
HS code group 94.05 includes complete LED lamps or LED light fixtures with electrical connections to power sources, not in the bulb form as described in HS code group 85.39.
Import duties may range from 0-15% depending on the country of origin.
Value Added Tax (VAT): 10%
IV. Import Procedures and Processes
1. Energy Labeling
The content of the label plays a vital role. The content of the label for items is specified in Decree No. 43/2017/NĐ-CP. For LED bulbs, the complete label must include the following information:
Exporter's information (including address and company name).
Importer's information (including address and company name).
Product name and detailed information.
Origin of the goods.
All essential information must be displayed in English or translated into other languages if necessary. During the LED light import process, if there is a customs inspection, the label content on the goods will be closely examined.
Labeling the goods is necessary, but placing the label in the correct location is even more critical. When importing, labels on goods must be placed on surfaces such as cartons, wooden crates, product packaging, or any convenient and visible location for inspection. Proper label placement will save time during customs inspection for LED lights and other products. For retail goods in the market, additional information such as the manufacturer, product quantity, technical specifications, manufacturing date, and safety warnings are also essential.
Not adhering to proper labeling or providing inaccurate label content can result in legal violations. If goods are not labeled correctly during importation or if the label content is inaccurate, importers may face the following risks:
Penalty according to the regulations, with the penalty amount defined in Article 22 of Decree No. 128/2020/NĐ-CP.
Loss of benefits from special import tax incentives if the origin certificate does not meet the requirements.
The possibility of goods being lost or damaged due to the absence of warning labels for handling and transportation.
Energy labeling is a mandatory requirement for some products, including LED lights. However, not all types of LED lights require energy labeling. According to TCVN-11844-201, the types of LED bulbs that require energy labeling include "LED lamps with integrated ballasts, having E27 or B22 caps, and double-capped LED lamps designed to replace G5 and G13 fluorescent lamps for general lighting purposes with a power rating of up to 60 W and a rated voltage not exceeding 250 V."
The process of registering energy labeling can be done in two ways:
Submitting a paper application to the Ministry of Industry and Trade.
Submitting an online customs declaration on the Ministry of Industry and Trade's electronic public service system.
Below, H-Cargo will introduce the process of registering energy labeling for LED lights.
Step 1: Prepare Documents and Create an Account
The documentation needed to register for energy labeling includes:
Energy labeling registration form.
Test results from the testing organization for each model.
Expected energy labeling sample.
To proceed with the registration, you need to create a business account on the Ministry of Industry and Trade's electronic public service system website: *www.dichvucong.moit.gov.vn.*
Step 2: Register the Application on the Electronic Public Service System
Once you have an account and the necessary documents as mentioned above, you can create an energy labeling registration application. Data entry is done through forms on the electronic public service system, and you need to upload the required documents during this process.
Step 3: Await Results
After submitting the application, the Ministry of Industry and Trade will review and approve the registration. If approved, you can proceed with LED light import procedures.
The information above summarizes the energy labeling process for LED lights. If you need more information, please contact our hotline or email address for more detailed guidance.
2. Quality Inspection and Compliance Certification
Quality inspection is a crucial part of the LED light import process. Since the effectiveness of Circular No. 08/2019/TT-BKHCN dated September 25, 2019, quality inspection for LED lights has become mandatory.
However, not all types of imported LED lights require quality inspection. Only specific types of LED lights, as defined in Decision No. 2711/QĐ-BKHCN dated December 30, 2022, need to undergo quality inspection.
Depending on the specific structure and characteristics of each type of LED light, some LED lights may require both quality inspection and energy labeling.
Quality inspection and energy labeling should be carried out after completing customs clearance procedures and before bringing the products to the market. During the LED light import process, you only need to provide the quality inspection registration certificate and the energy label registration certificate to customs authorities to meet the requirements of relevant legal regulations.
3. Quality Inspection Process
Quality inspection of LED lights is a mandatory part of the importation process. Here are the steps in the LED light quality inspection process.
Step 1: Profile Registration
After obtaining the customs declaration number, you can proceed to register the quality inspection profile, either in paper form or through the national one-stop system. Registration can be done on the provincial/city's public service system at the business address registered by the enterprise.
Step 2: Profile Approval
The profile will be transferred to the Bureau of Standards, Metrology, and Quality for inspection and approval. After that, you can open the customs declaration and place the goods in storage.
Step 3: Sampling and Testing in the Lab
Samples can be taken directly at the port or brought to storage and then sampled. Sampling is carried out by the quality inspection unit chosen by the business.
Step 4: Certificate Issuance
The quality inspection unit will perform measurements and tests according to the QCVN 19:2019/BKHCN standard. Upon meeting the standards, a certificate will be issued as per regulations. It's worth noting that each model will be issued a certificate valid for 36 months. Subsequent batches of the same model will not require quality inspection.
Identifying the LED Light HS Code
Correctly identifying the HS code is crucial when importing any type of goods. This will affect import duties, VAT, and import policies. To determine the correct HS code for LED lights, you need to understand the material, components, and characteristics of the product.
Risks of Applying the Wrong HS Code
Properly identifying the HS code is extremely important in the LED light import process. Applying the wrong HS code can lead to significant risks, including:
Customs procedure delays: Differences in HS codes can result in customs procedure delays as it takes time to verify and clarify accurate information about the type of goods.
Penalties as per Decree 128/2020/NĐ-CP.
Delivery delays: If incorrect HS codes are discovered, the customs authorities may require adjustments or clarification, causing delays in product delivery and affecting the business's production and operations.
In cases of import duties, you may face a minimum penalty of 2,000,000 VND and a maximum penalty of three times the amount of taxes owed.
4. Documentation and Procedure Handling
The documentation and procedures for importing LED lights, as well as other goods, are clearly regulated in Circular 38/2015/TT-BTC dated March 25, 2015, and have been adjusted and supplemented through Circular 39/2018/TT-BTC dated April 20, 2018.
The document set includes:
Customs declaration form.
Commercial invoice.
Bill of lading.
Packing list.
Sale contract.
Certificate of origin (C/O).
Catalog (if available).
Quality inspection registration certificate (for LED lights requiring quality inspection).
Minimum energy performance test certificate (for lights requiring performance testing).
Import Procedure
Step 1: Declare the Customs Declaration
After having all the import-export documents such as contracts, commercial invoices, packing lists, sea bills of lading, certificates of origin, and cargo arrival notices, along with the identified HS code for LED lights, you can declare the information in the customs system through the software.
Step 2: Open the Customs Declaration
After declaring the customs declaration, the system will respond with the declaration classification results. If there is a green-light declaration, you can print the declaration and bring the import documents to the customs office to open the declaration. Depending on the classification into green, yellow, or red lanes, the corresponding declaration opening steps will be followed.
Step 3: Customs Declaration Clearance
After inspecting the documents and finding no issues, customs officials will proceed to clear the customs declaration. At this point, you can pay the import duty to complete the customs clearance process.
Step 4: Place Goods in Storage and Use
After completing customs clearance procedures, you can proceed with the declaration liquidation and related procedures to move the goods to storage. Once Step 4 is completed, the LED light import process is finished. Additionally, to bring the product to the market, you need to carry out the remaining quality inspection and label the energy efficiency of your LED lights.
V. Key Points When Importing LED Lights:
To avoid difficulties and unforeseen issues during the import process, please take note of the following:
For detachable LED lights, they can be declared as parts of LED lights.
In the case of chandelier lights without LED eyes or LED bulbs, they may not meet the criteria for LED lights.
Goods can only be cleared after fulfilling state tax obligations.
For energy performance and quality inspection checks, register for models that can be used long-term, typically around 3 years.
Quality inspection for LED lights should be conducted for each batch.
For LED lights that use their own power source, do not need to be directly connected to the power grid, and do not need to label minimum energy performance.
The above is the complete process for importing LED lights, as well as information on LED light HS codes and import policies. We hope this article provides the information you were looking for.
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Email: jim.bui@hcargovn.com
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