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IMPORT PROCEDURE GUIDE FOR SPOONS
Imported spoons may appear simple, but once intended for direct food contact, compliance risk depends on material, intended use, food-contact safety dossier and goods condition. Applying one HS code to plastic, stainless-steel, wooden/bamboo, paper or silicone spoons; missing migration test reports; delaying product self-declaration; preparing supplementary labels without material/temperature warnings; or overlooking state import food safety inspection may trigger customs channel escalation, additional dossier requests, denial of C/O preferential duty, DEM/DET and delays. This guide provides an E2E review map before ETA, including HS code, duty, specialized policy, dossier set, customs workflow and pre-arrival risk controls.
QUICK FACTS
| Category | Quick review content |
|---|---|
| Mặt hàng | Spoon in direct contact with food: PP/PS/PET/melamine plastic, stainless steel/stainless steel, wood/bamboo, paper/pulp/bagasse, silicone or ceramic/porcelain/glass. |
| Focus students | Nhựa: 3924.10.99 hoặc 3924.10.10 nếu melamine; inox/kim loại: 8215.99.00; gỗ/tre: 4419.19.00; giấy/bột giấy: 4823.69.00 hoặc 4823.90.xx; Ceramic/porcelain/glass review 6911/6912/7013. |
| Thuế tham khảo | 3924.10.99: MFN 22%, usually 33%; 8215.99.00: MFN 25%, usually 37,5%; 4419.19.00: MFN 25%, usually 37,5%; VAT chuẩn 10%, need to review VAT reduction accordingly NĐ 174/2025 at the date of declaration. |
| Key policy | Self-declaration of products; State inspection of imported food safety if on the list; QCVN according to materials; product labels/sub-labels. |
| Technical profile | Catalog/datasheet, material composition, COA/test report migration, declaration of food contact compliance, original label, packing, product image, usage temperature. |
| Warning | Do not use the same conclusions for spoons, knives, forks, trays, boxes, membranes; Each material and condition of goods must be reviewed separately according to actual records. |
Legal note: This article applies only to spoons in direct contact with food under food contact packaging, containers, utensils and materials. It does not automatically apply to forks, knives, trays, boxes, cups, straws, films, electric kitchen appliances, medical utensils, decorative non-food-contact goods or industrial goods. Catalogue, datasheet, material, model/SKU, test report, label, goods condition and actual import purpose must be reviewed.
SCOPE OF APPLICATION
This article applies to spoons used for eating, preparing, serving food or in direct contact with food during use. Products can be disposable spoons, reusable spoons, retail spoons, spoons used in restaurants/hotels, spoons that come with cups/food boxes or spoons packaged with cutlery and forks.
- Does not automatically apply to knives, forks, chopsticks, trays, boxes, bottles, films, bags, cups/cups even in direct contact with the same food group.
- Spoons made of plastic, melamine, silicone, stainless steel, wood/bamboo, paper/pulp, glass, ceramic/porcelain or biodegradable materials need to be inspected separately according to the constituting material.
- New goods, used goods, refurbished goods, sample goods, complimentary goods, warranty goods, project goods or goods imported for EPE/FDI may have different policies, type codes and records.
- If the spoon comes with a cutlery set, tray, box, straw, packaging bag or other accessories, it is necessary to determine whether the goods are declared separately for each line or as a set/combo.
- If the product has coating, printed ink, dye, antibacterial additives, recycled materials or claims compostable/biodegradable, further review of food contact safety and labeling is required.
CLASSIFICATION & TECHNICAL IDENTIFICATION
For spoons in direct contact with food, the decisive point is not just the “spoon” shape but the main material, multi-layer or single-layer structure, ability to be disposable or reusable, food contact temperature, contact time, color/print/coating or not, whether it comes with a product set or not and the purpose of import. Generic product names can lead to wrong application of HS codes, wrong QCVN/TCVN, wrong food safety inspection records and wrong labels of goods when circulating.
| Criteria to check | Documents need to be compared | Rủi ro nếu mô tả sai | Suggestions on how to record goods names on documents/declarations |
|---|---|---|---|
| Vật liệu chính | Catalogue, datasheet, COA, test report, nhãn gốc | Wrong HS between plastic, stainless steel, wood/bamboo, paper, silicone, ceramic/porcelain/glass | PP/PS plastic spoon used for food contact; or 304 stainless steel spoon for eating… |
| Single or set form | Invoice, packing list, hình ảnh đóng gói | Wrong student between separate spoon and cutlery set | Plastic spoon, packed individually / stainless steel spoon, not in set… |
| Purpose of food contact | Declaration, test report, label, instructions for use | Unable to prove food contact, required to supplement food safety records | Food contact spoon for serving/eating food, temperature range… |
| Temperature and time of use | Test migration report, specification, warning label | If used in the wrong hot/cold conditions, the risk of migration exceeds the limit | For cold food only / suitable for hot food up to…°C if there is a basis |
| Lớp phủ/màu/in ấn | COA, test report, artwork, specification | Lack of criteria for removal of heavy metals/colors/printing ink/coating | Spoon with color coating/printed handle, food-contact side… |
| Goods condition | Invoice, hình ảnh, hợp đồng, packing | Used goods/inventory goods/sample goods have different policies, making it difficult to explain the quality | New 100%, brand…, model/SKU…, batch/lot… |
HS CODE – DUTY – C/O
The HS of the spoon must be determined according to the constituent materials and actual packaging. Plastic spoons are usually in group 3924; Stainless steel/stainless steel spoons usually belong to group 8215; wooden/bamboo spoons may fall in heading 4419; paper/pulp spoon can be checked in group 4823; Ceramic/porcelain/glass spoons can be grouped 6911/6912/7013. A single code should not be applied to all types of spoons because the wrong HS code will result in wrong taxes, wrong C/O, wrong food safety inspection policy and may require amendments/additions.
| Mã HS tham khảo | Applicable conditions | Normal import tax | Preferential import tax MFN | VAT | Special offers according to C/O | Risk of wrong application | Records need to be compared |
|---|---|---|---|---|---|---|---|
| 3924.10.99 | Other plastic spoons, plastic tableware/kitchen utensils, not melamine and not baby bottles | 33% | 22% | VAT chuẩn 10%; need to review the possibility of reduction 8% theo NĐ 174/2025 if the policy is still valid and not in the exclusion group | Many FTAs are possible 0% nếu C/O hợp lệ | Dùng mã cũ 3924.10.90 or other material codes may cause discrepancies in the declaration and C/O | Catalogue, vật liệu PP/PS/PET, test report, nhãn, C/O |
| 3924.10.10 | Melamine spoon/tableware if it is melamine plastic in nature and conforms to the grouping | 33% | 22% | VAT chuẩn 10%; Review the VAT reduction policy at the declaration date | FTA under C/O if it meets the rules of origin | Mistaking melamine for PP/PS or other plastics can result in errors in HS and QCVN/testing | COA, test report melamine/formaldehyde if available, material label |
| 8215.99.00 | Spoon made of base metal/stainless steel/stainless steel, other, not plated with precious metal and not part of another combination of products | 37,5% | 25% | VAT chuẩn 10% | Some FTAs are possible 0% nếu C/O hợp lệ | Mistaking for plastic/other metal kitchen utensils results in incorrect tax and inspection of food contact materials | Catalogue, vật liệu inox 201/304/316, test report kim loại nặng, nhãn |
| 4419.19.00 | Other wooden/bamboo spoons, wooden/bamboo food/kitchen utensils in contact with food | 37,5% | 25% | VAT chuẩn 10%; In some cases, it may be necessary to review and reduce VAT 8% according to current policy | FTA có thể 0% nếu đủ C/O | Does not prove that wood/bamboo surface treatments, coatings, glues or paints are safe for food contact | Catalog, wood/bamboo components, coating, test report, fumigation treatment if wood packaging is involved |
| 4823.69.00 / 4823.90.xx | Shaped spoon of paper/pulp/bagasse or paper/pulp products; The final code depends on shape and structure | 30% hoặc theo mã cuối cùng | 20% hoặc theo mã cuối cùng | VAT chuẩn 10%; có thể 8% if subject to VAT reduction and not excluded | FTA có thể 0% nếu C/O hợp lệ | Mistaking shaped paper products for bioplastics or composites causes errors in HS and food safety | Catalogue, vật liệu pulp/paper/bagasse, coating, test migration, nhãn |
| 6911/6912/7013 | Consider only if the spoon is porcelain, ceramic or glass; typically not the focus group of disposable spoons | Theo mã cuối cùng | Theo mã cuối cùng | VAT chuẩn 10% | FTA theo C/O nếu hợp lệ | Regardless of porcelain/ceramic/glass/glazed, QCVN 12-4 and tax may be wrong. | Catalog, materials, lead/cadmium release test, labels |
Ghi chú thuế: The tax in the table is the reference rate according to common HS codes. Because the tax schedule, VAT and special preferential tax schedule under FTA may change, businesses must check the current tax schedule at the date of declaration registration. Do not use C/O to apply for incentives if the goods description, HS code, origin or direct transportation are not appropriate.
APPLICABLE SPECIALIZED POLICY
| Commodity situation | Policies may apply | Documents to check | Processing agency/gateway if identified | Time to do it | Ghi chú rủi ro |
|---|---|---|---|---|---|
| Spoons in direct contact with food, new goods, used for business | Self-declaration of products; State inspection of imported food safety if on the list; Vietnamese sub-label; Save the test report file | Self-declaration, COA/test migration report, catalog, original label, secondary label, declaration of conformity/compliance | Food safety management agency according to authority; Customs authorities; NSW if the procedure is carried out electronically | Before ETA and before on-roads | You should not wait for the goods to arrive before testing/announcing; Test results must match the materials and conditions of use |
| Muỗng nhựa, melamine hoặc silicone/rubber | QCVN 12-1:2011/BYT cho nhựa tổng hợp; QCVN 12-2:2011/BYT if the rubber/silicone material is suitable; Check for migration according to the material | Test report, resin/material grade, temperature use, food contact declaration | Food Safety Agency; accredited/designated testing laboratory if required | Before self-announcement and before ETA | Recycled plastic, melamine, dyes/coatings need to be reviewed separately |
| Stainless steel/stainless steel spoon | QCVN 12-3:2011/BYT for metal utensils in contact with food; Check for heavy metal migration if applicable | Material grade 201/304/316, test report, COA, nhãn | Food Safety Agency; testing room | Before ETA | The label says stainless steel but the test/COA does not prove the grade can be questioned |
| Glass/ceramic/porcelain/glazed spoon | QCVN 12-4:2015/BYT if it belongs to glass, ceramic, porcelain, enameled materials in contact with food | Lead/cadmium test or corresponding criteria, catalog, label | Food Safety Agency; testing room | Before ETA | Glazed/colored/printed products need to be tested on the correct food contact surface |
| Muỗng gỗ/tre/giấy/bã mía/vật liệu sinh học | If there is no separate QCVN for materials, it is necessary to review according to published standards, test reports on food contact safety, treatment/coating chemicals and intended use. | COA, test migration, declaration of compliance, FSC/food contact if applicable, label, specification | Food Safety/Customs Agency according to actual records | Before ETA | Not automatically exempt from inspection; need comparison TT 15/2024 and material records |
| Sample products, R&D, complimentary products, products that come with product sets | May be different in code, type, value, and purpose of entry; still need to prove that it is not released into circulation if it is only a sample | Letter of intent, invoice, packing, pictures, catalog | Customs; specialized agencies if required | Before opening the declaration | Do not use the sample route to import disguised business goods |
LEGAL DOCUMENTS TO REVIEW
| Text group | Document name/number | Issuing authority | Effectiveness/time of application if determined | Role in procedure | Articles/clauses/appendixes that need attention, if any | Review notes |
|---|---|---|---|---|---|---|
| Luật | Food Safety Law 55/2010/QH12 | National Assembly | Effective from 01/07/2011 | Platform for managing tools, packaging materials, and food containers; Article 18 regulates safety conditions for tools/materials in contact with food; Articles 38–39 relate to imported food and state inspection | Article 18, Article 38, Article 39 | It is necessary to compare the amended/supplemented documents, if any, at the time of application |
| Nghị định ATTP | Nghị định 15/2018/NĐ-CP | Government | Effective from 02/02/2018 | Establishments self-declaring products, state inspection of imported food safety, exemption/reduction of inspection and circulation records for food contact tools/materials | Article 4 on self-declaration; Chapter on state inspection of imported food safety | It is necessary to distinguish between goods used in contact with food and decorative goods/household items that do not come into contact with food |
| New food safety effectiveness status | Nghị quyết 15/2026/NQ-CP | Government | Effective from 06/04/2026 | Suspension of effect Nghị định 46/2026/NĐ-CP and Resolution 66.13/2026/NQ-CP; helps avoid misapplying the new food safety mechanism during the temporary suspension period | Trích yếu NQ 15/2026/NQ-CP | Not presented NĐ 46/2026 as applicable documents if not yet rechecked |
| List of students checking food safety | Circular 15/2024/TT-BYT và Quyết định 988/QĐ-BYT 2025 correction | Ministry of Health | TT 15/2024 ban hành 19/09/2024; It is necessary to review the validity and correction when applied | List of foods, food additives and food containers, packaging materials in direct contact with food subject to state inspection on imported food safety under the scope of the Ministry of Health | Articles 1–3 and accompanying List; Quyết định 988/QĐ-BYT is an integral part of TT 15/2024 | It is necessary to compare the final HS code of the spoon according to the actual material |
| QCVN vật liệu nhựa/cao su/kim loại | Circular 34/2011/TT-BYT ban hành QCVN 12-1:2011/BYT, QCVN 12-2:2011/BYT, QCVN 12-3:2011/BYT | Ministry of Health | The Circular takes effect from 01/03/2012 | Hygiene and safety standards for packaging and utensils made of synthetic plastic, rubber and metal in direct contact with food | QCVN 12-1, 12-2, 12-3 theo vật liệu | Plastic, silicone/rubber or stainless steel spoons must be selected according to the corresponding QCVN |
| QCVN glass/ceramic/porcelain/glazed | Circular 35/2015/TT-BYT ban hành QCVN 12-4:2015/BYT | Ministry of Health | Effective from 01/05/2016 | Standards for packaging and utensils made of glass, ceramic, porcelain and enamel in direct contact with food | QCVN 12-4:2015/BYT | Only applicable when the spoon is made of glass/ceramic/porcelain/enamel material |
| Goods labeling | Nghị định 43/2017/NĐ-CP và Nghị định 111/2021/NĐ-CP | Government | NĐ 43 hiệu lực 01/06/2017; NĐ 111 hiệu lực 15/02/2022 | Regulations on original labels and Vietnamese sub-labels for imported goods circulating in Vietnam | Product name, quantity, material, origin, responsible organization, warnings/instructions for use if any | Secondary labels must match the catalog, materials, test report and self-declaration |
| Biểu thuế | Nghị định 26/2023/NĐ-CP; Nghị định 108/2025/NĐ-CP amendments and supplements | Government | NĐ 26 hiệu lực 15/07/2023; NĐ 108 hiệu lực 19/05/2025 | Based on MFN preferential import tariff and HS code structure according to materials | Chương 39, 44, 48, 69, 70, 82 tùy vật liệu | The tax rates in this article are for reference only and need to be compared at the date of opening the declaration |
| VAT | Luật Thuế GTGT 48/2024/QH15; NĐ 181/2025/NĐ-CP; NQ 204/2025/QH15; NĐ 174/2025/NĐ-CP | National Assembly/Government | New VAT documents apply from 01/07/2025 according to each effect | Based on standard VAT and VAT reduction policy 2% if applicable | NĐ 174/2025 regulate the VAT reduction policy accordingly NQ 204/2025 | It is necessary to check the exclusion group and application period at the declaration date |
VIEW / DOWNLOAD ORIGINAL LEGAL TEXTS
Nghị định 15/2018/NĐ-CPCircular 15/2024/TT-BYTCircular 34/2011/TT-BYTCircular 35/2015/TT-BYTNghị định 43/2017/NĐ-CP
Enterprises should additionally verify the documents on official legal document portals or issuing authority websites before applying them.
CUSTOMS CLEARANCE DOCUMENT SET
Set of commercial documents
- Commercial Invoice (Commercial invoice)
- Packing List (Phiếu đóng gói)
- Bill of Lading/Air Waybill (Waybill)
- Sales Contract/Purchase Order nếu có
- Certificate of Origin – C/O nếu xin ưu đãi thuế
- Catalog/Datasheet, product images, model/SKU list if available
Specialized profile/food safety
- Product self-declaration copy
- Test report/COA on food contact safety, migration criteria according to materials
- Declaration of food contact compliance nếu có
- Original label, Vietnamese secondary label, packaging artwork
- Material specification, usage temperature, food contact purpose
Shipment control data
- Vật liệu: PP/PS/PET/melamine/inox/gỗ/tre/giấy/silicone…
- Quantity, packaging, weight
- Batch/lot, NSX/HSD nếu có
- Storage conditions, heat warning
- Information on new/old/sample/free goods
| Profile group | Documents required | Which step to use? | Who usually prepares | Common errors | How to check ETA in advance |
|---|---|---|---|---|---|
| Thương mại | Invoice, Packing List, Contract/PO | Declare value, quantity, and trading conditions | Procurement/Docs/Importer | The product name only says spoon/cutlery, missing materials or SKU | Compare product name – material – quantity – packing with the catalog |
| Transport | B/L hoặc AWB, arrival notice, pre-alert | Lấy lệnh, khai manifest, mở tờ khai | Forwarder/Carrier/Docs | Wrong consignee, wrong package number, too general product description | Check draft B/L/AWB before releasing |
| HS – thuế | Catalogue, vật liệu, hình ảnh, test report, C/O draft | Chốt HS, thuế MFN, VAT, FTA | Importer/Compliance/Customs broker | Using one student for every type of spoon is wrong 3924/8215/4419/4823 | Create a map of materials – HS – tax – C/O before ETA |
| Food safety / self-declaration | Self-declaration, migration test report, corresponding QCVN, label | Check imported food safety and circulation conditions | QA/Compliance/Importer | Testing incorrect materials, incorrect hot/cold conditions, mismatched model/SKU | Match test report with material, SKU, batch and food contact purpose |
| C/O | Appropriate C/O form, invoice, bill of lading, transport documents | Xin thuế ưu đãi đặc biệt | Exporter/Supplier/Docs | C/O with wrong HS, wrong material description, wrong origin or lack of direct transportation | Check C/O draft before ETA |
| Nhãn | Original labels, secondary labels, artwork, instructions/warnings for use | Post-customs clearance circulation and post-customs clearance inspection | Importer/Marketing/Compliance | Missing material, origin, responsible organization, heat warning or instructions for use | Review with NĐ 43/2017, NĐ 111/2021 and self-published records |
Control principle: Product name, quantity, material, model/SKU, origin, conditions of use and label information must match 100% between commercial documents, catalogs, labels, food safety records and customs declarations.
DECISION POINTS THAT MAY HOLD THE SHIPMENT
| Điểm quyết định | Questions to answer | Tài liệu chứng minh | Consequences if unknown | Recommended treatment |
|---|---|---|---|---|
| HS theo vật liệu | Spoon made of plastic, melamine, stainless steel, wood/bamboo, paper/pulp, silicone or ceramic/porcelain/glass? | Catalog, COA, test report, product images | Student consultation, tax adjustment, wrong C/O | Lock materials and students before booking |
| Self-declaration/food safety | Does the product have a self-declaration and material-appropriate test report? | Self-declaration copy, QCVN/test report, label | Additional documents, delayed circulation or prolonged food safety inspection | Complete the application before ETA |
| QCVN theo vật liệu | Does the spoon apply QCVN 12-1, 12-2, 12-3, 12-4 or other standards? | Test report, materials, published standards | Wrong test of QCVN, insufficient basis for food contact safety | Select testing criteria according to materials and conditions of use |
| Secondary labels | Does the label state the correct material, origin, responsible unit, instructions/warnings for use? | Original labels, secondary labels, artwork | Required to fix labels, risk of circulation | Browse secondary labels before goods arrive at the warehouse |
| C/O | Does the C/O have the correct form, HS, material description, origin criteria and direct transportation? | C/O draft, invoice, B/L/AWB | Do not enjoy special tax incentives | Check draft C/O with finalized student |
| Samples/freebies/product sets | Are spoons sold separately, as a set, or included with other products? | PO, packing list, hình ảnh, invoice | Sai mã loại hình, sai HS hoặc sai trị giá | Separate document lines clearly according to purpose and packaging structure |
PRACTICAL E2E WORKFLOW
Review before ETA.
Closing materials, HS, taxes, VAT, C/O, QCVN/applicable standards, labels, self-declaration and ability to inspect imported food safety.
Lock documents and technical documents.
Closing Invoice, Packing List, B/L/AWB, catalog, datasheet, product images, model/SKU list, test report, self-declaration, original label and secondary label.
Register/complete specialized documents if any.
In case the goods are subject to food safety inspection or need to complete a self-declaration, the ETA should be prepared in advance; If done after the goods arrive, the shipment is likely to be stored in storage and delayed in being sold.
Mở tờ khai hải quan.
Green Channel: system for customs clearance under certain conditions. Yellow Stream: check records. Red Channel: check documents and physically check goods. Points that are easily questioned: value, HS code, materials, food contact purpose, test report, C/O and label.
Customs clearance, goods pulling and post-clearance completion.
Pick up/pull goods to the warehouse, check secondary labels, keep batch records, self-declaration copies, test reports, C/O, transport documents and prepare explanatory documents when there is a post-customs clearance inspection.
PRE-ETA RISK CHECKLIST
| Rủi ro | Hậu quả | How to block ETA in advance | Documents to check |
|---|---|---|---|
| Naming the product too generically is spoon/cutlery | Wrong HS, wrong QCVN, difficult to prove food contact safety | Clearly state materials, uses, specifications, and condition of the goods | Invoice, catalog, labels, images |
| Test report incorrect materials or conditions of use | Insufficient self-declaration/food safety records, required to retest | Select the criteria according to the corresponding QCVN and the actual temperature of use | Test report, QCVN, specification |
| C/O sai HS hoặc mô tả vật liệu | Loss of tax incentives, additional payment required | Check C/O draft after finalizing HS and materials | C/O, invoice, B/L/AWB |
| The secondary label lacks material or usage warnings | Required to fix labels, risk of circulation | Browse secondary labels before goods arrive at the warehouse | Nhãn gốc, artwork, NĐ 43/2017, NĐ 111/2021 |
| Do not check goods imported in sets/bundles | Wrong HS, wrong value, wrong policy according to combo | Clearly separate scoops imported separately, as a set, or with other products | Packing list, hình ảnh đóng gói, contract/PO |
| Do not check VAT/FTA at the declaration date | Wrong tax declaration, must be adjusted after customs clearance | Compare tax tables and VAT policies before registering the declaration | Biểu thuế, NĐ 108/2025, NĐ 174/2025, C/O |
FAQ
| Question | Short answer |
|---|---|
| Do imported spoons need a license? | It should not be called a license. With food contact spoons, the focus is often on self-declaration, import food safety inspection if it belongs to the list, test report according to materials, secondary labels and HS – tax – C/O. Need to review according to actual records. |
| Do plastic spoons need to be tested for food safety? | State food safety inspection may be required if imported for direct contact with food and is within the scope of management. Need to compare TT 15/2024, QCVN 12-1 and actual records. |
| Muỗng inox dùng mã HS nào? | Regularly review 8215.99.00 If it is another type of stainless steel/stainless steel spoon, not plated with precious metals and not part of a special product set. Need to compare catalogs, materials and packing. |
| Muỗng nhựa dùng mã HS nào? | Regularly review 3924.10.99 for other types of plastic spoons; If it is melamine, it can be checked 3924.10.10. Do not use with stainless steel/wooden/paper spoons. |
| Is there a need to add Vietnamese labels? | Yes, if the goods circulate in Vietnam. Secondary labels need to match material, origin, responsible entity, warnings/instructions for use and self-declaration records. |
| Does C/O help reduce taxes? | It is possible, if the C/O has the correct form, correct origin criteria, correct goods description, correct HS code and meets direct transport conditions according to the corresponding FTA. |
| Are sample or complimentary products made to look like commercial products? | Not always the same. It is necessary to determine the purpose of import, quantity, value, whether it will be released for circulation or not, and whether food safety records/corresponding labels are needed. |
| What if the invoice says plastic spoon but the catalog says bioplastic spoon? | Need to review materials, HS, test reports and labels. Material discrepancies between documents and catalogs may result in a request for explanation or amendment declaration. |
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