Tiếng Việt
中文 (中国)
IMPORT PROCEDURE FOR MACHINERY, EQUIPMENT AND MATERIALS SUBJECT TO OCCUPATIONAL SAFETY AND HYGIENE REQUIREMENTS
Machinery subject to strict occupational safety and hygiene requirements requires more than an HS code review. Importers must check the OSH list, group 2 goods, QCVN/TCVN, quality inspection, safety inspection before use and used-machinery conditions where applicable. This article provides an end-to-end operational map to control risks before ETA. The guidance focuses on policy conditions, required dossiers, filing timing, and the risks that commonly lead to document supplements or customs delays. Before execution, the company should confirm the goods description, HS classification, model or technical composition, identify the competent authority, and align specialist filings with the customs document set.
Review Circular 36/2019 on strict OSH items and Circular 01/2021 on group 2 goods under MOLISA.
Wrong load, pressure, volume, refrigerant, model or technical description may change HS and specialized policy.
Clearance is not the end: many devices must be inspected before being put into use.
Operational reference for importers, procurement, compliance, operations and factory project teams. This is not an official legal translation.
TERMINOLOGY AND WHY THIS PROCEDURE MATTERS
OSH means occupational safety and hygiene. For machinery, equipment and materials subject to strict OSH requirements, the control point is not only customs clearance, but also safe installation, inspection and use at the factory or project site.
Products/goods capable of causing unsafe conditions and potentially subject to state quality inspection or technical regulation review.
Assessment of equipment safety before being put into use and periodically during operation.
Evidence that the product complies with applicable QCVN where such requirement is triggered.
Vietnam technical regulations/standards used for testing, certification, declaration or inspection.
Estimated Time of Arrival; the operating deadline for locking HS, policy, C/O, catalogue and technical dossier.
Catalogue, datasheet, nameplate, load chart, test report, certificate, drawings and safety parameter documents.
PRODUCT CLASSIFICATION AND TECHNICAL IDENTIFICATION
This article applies to machinery, equipment and materials under the MACHINERY – OCCUPATIONAL SAFETY AND HYGIENE REQUIREMENTS category. The main focus is on shipments with pressure, lifting load, refrigerant, explosion-proof, personnel/goods lifting, elevators/escalators or safety components that may trigger quality inspection, conformity or safety inspection obligations.
DETAILED PRODUCT CLASSIFICATION TABLE
| Product group/goods scenario | Technical signs to check | Model/function examples | Evidence documents | Potential policy | Documents to verify | Application notes |
|---|---|---|---|---|---|---|
| Boilers, hot-water boilers and thermal oil heaters | Steam pressure over 0.7 bar, medium temperature over 115°C, heating capacity, fuel type and installation design. | Industrial boilers, fire-tube/water-tube boilers, thermal oil heaters. | Catalogue, datasheet, P&ID, test report and manufacturer certificate. | May fall under strict OSH management; quality inspection or safety inspection may arise. | Invoice, packing list, B/L/AWB, catalogue, pressure/temperature data, QCVN/TCVN dossier. | Do not describe only as “boiler”; pressure, temperature, function and condition must be clear. |
| Pressure vessels, tanks and gas cylinders | Rated working pressure over 0.7 bar, volume, material, contained medium and design standard. | Pressure vessel, air receiver tank, gas cylinder, LPG/CNG cylinder. | Nameplate, technical drawing, material certificate, pressure test certificate. | Import quality inspection or safety technical inspection before use may apply. | Model/serial list, pressure, design standard, factory certificate. | Wrong pressure/volume may trigger wrong policy and inspection scope. |
| Hoists, winches, lift tables and lifting platforms | Lifting capacity, lifting height, whether for goods or persons, electric/hydraulic mechanism. | Electric hoist, winch, manual hoist from 1,000 kg, personnel lift platform. | Catalogue, load chart, manual, electrical/hydraulic diagram, certificate. | May require safety inspection and, for some HS lines, import quality inspection. | Load, lifting height, use purpose and applicable QCVN/TCVN. | Separate personnel lifting from goods lifting. |
| Cranes, overhead cranes, gantry cranes and forklifts | Rated lifting capacity, working radius, lifting height, travelling mechanism and power source. | Overhead crane, gantry crane, mobile crane, forklift from 1,000 kg. | Load chart, catalogue, certificate, nameplate photo, installation drawing. | May be in the strict OSH list and require inspection before use. | HS, load capacity, model, serial, year of manufacture, condition. | Used/project equipment needs separate review. |
| Elevators, escalators, passenger conveyors and safety components | Type, load/persons, speed, travel, brake system, governor, safety gear, door lock. | Passenger elevator, freight elevator, escalator, moving walkway, safety components. | Catalogue, drawing, conformity certificate, QCVN, safety component list. | Often subject to quality inspection, conformity certification/declaration and inspection before use. | Model list, safety components, QCVN, test report, certificate. | Do not combine complete elevators and safety components under one generic declaration. |
| Industrial refrigeration systems | Refrigerant group, charged quantity, working pressure and system configuration. | Chiller, refrigeration rack, industrial cold system. | Catalogue, refrigerant declaration, system diagram, compressor/vessel datasheet. | May fall under strict OSH if refrigerant/pressure thresholds are met. | Refrigerant, charge volume, pressure, function and safety dossier. | Separate domestic A/C, industrial unit and installed refrigeration system. |
| Explosion-proof electrical equipment and materials | Ex rating, hazardous area, applicable standard and Ex certificate. | Explosion-proof motor, transformer, switchgear, control box, lighting fixture, cable. | Ex certificate, test report, catalogue, datasheet, marking plate. | May be subject to OSH and other technical policies depending on function/voltage. | HS, Ex certificate, standard, use environment and technical file. | Do not describe Ex equipment as generic electrical goods. |
| Used/refurbished/project equipment, EPE/FDI imports | Year of manufacture, condition, refurbishment records, use purpose and factory/project deployment. | Used crane, used boiler, refurbished lift, machinery line relocated to Vietnam. | Origin certificate, inspection certificate, dossier under Decision 18/2019/QD-TTg if applicable. | Used machinery policy, age inspection and safety inspection after installation may arise. | Year, manufacturing standard, technical file, inspection certificate. | Review based on actual dossier and use purpose, not product name alone. |
HS CODE – DUTY – C/O
HS classification must be based on function, structure, material, operating principle, new/used condition, accessories and technical dossier. For strict OSH machinery, do not determine HS based only on invoice wording.
PROPOSED HS CODE – DUTY – C/O TABLE
| Reference HS code | Suitable goods group | Classification basis | Application condition | Ordinary duty | MFN import duty | VAT | C/O/FTA to review | Documents to verify |
|---|---|---|---|---|---|---|---|---|
| 8402.11 / 8402.12 / 8402.19 / 8402.90 / 8403.10 | Boilers, water heaters, boiler/water heater parts | Classified by steam/hot water generation function, pressure/temperature and pot structure. | Applicable when the goods are boilers/hot water boilers or parts of group 8402/8403; Need to separate separate parts. | Reference: usually determined by 150% MFN if there is no separate normal level; verify against the tariff schedule at declaration time. | Reference according to each subgroup, many industrial machine codes can be approx 0–5%; verify by final HS. | 10% or current VAT policy at the time of import. | ATIGA, ACFTA/RCEP, AKFTA/VKFTA/RCEP, VJEPA/AJCEP/CPTPP/RCEP, EVFTA/UKVFTA nếu có C/O hợp lệ. | Catalog, pressure/temperature, technical drawings, nameplate, C/O, invoice, packing list. |
| 7309.00 / 7311.00 / 7611.00 / 7613.00 / 3923.30.20 | Pressure vessels, tanks/tanks/tanks, compressed gas/liquefied gas cylinders | Classified by material, capacity, working pressure, gas/liquid storage/transportation capacity. | Applicable to pressurized containers or gas bottles/tanks; Discard conventional non-pressure packaging. | Reference: usually equal to 150% MFN if there is no separate level. | Reference thường gặp khoảng 0–15% depending on material and grouping. | 10% or current VAT policy. | Check Form D/E/RCEP/AK/VK/VJ/EUR.1/UKVFTA according to origin. | Pressure parameters, capacity, materials, test certificate, COA/CQ, nameplate photo. |
| 8415.81 / 8415.82 / 8415.83 / 8418.69 / 8418.99 | Industrial refrigeration systems, refrigeration clusters, refrigeration system parts | Classified by cooling function, refrigerant type, capacity and system configuration. | Applicable when industrial refrigeration clusters/systems; It is necessary to separate residential air conditioners and specialized refrigeration equipment. | Reference: 150% MFN if normal tax applies. | Reference thường gặp khoảng 0–20% depending on code and configuration. | 10% or current VAT policy. | C/O can make a significant difference; need to check origin criteria according to chapter 84. | Datasheet, refrigerant declaration, system diagram, catalog, documents of origin. |
| 8425.11 / 8425.19 / 8425.31 / 8425.39 / 8425.41 / 8425.42 / 8425.49 | Hoists, winches, jacks, lifting tables, lifting platforms, lifting equipment | Classified by lifting structure, load, power source and function of lifting people/goods. | Applicable to independent lifting equipment; Need to separate accessories/separate parts. | Reference: 150% MFN if there is no separate level. | Reference thường gặp khoảng 0–5%; Must search according to 8-digit code. | 10% or current VAT policy. | Priority is given to checking C/O from China, Korea, Japan, and the EU because of popular import sources. | Load chart, catalogue, manual, model/serial, C/O, hợp đồng. |
| 8426.12 / 8426.19 / 8426.30 / 8426.41 / 8426.49 / 8426.91 / 8426.99 | Cranes, bridge cranes, gantry cranes, cranes, crane lifting equipment | Classified by boom type, rotating/moving mechanism, fixed or self-propelled installation, load and use. | Applicable to crane lifting equipment; Used goods must also be reviewed for used machinery policies. | Reference: 150% MFN if there is no separate level. | Reference thường gặp khoảng 0–5% tùy mã. | 10% or current VAT policy. | FTA often needs to review HS/CTH or RVC code conversion rules according to the agreement. | Catalogue, load chart, year of manufacture, inspection certificate nếu có. |
| 8427.10 / 8427.20 / 8427.90 | Forklifts, motorized forklifts, forklifts | Classified by engine type, lifting load, operating method and loading and unloading capacity. | Applicable to forklifts; If it is a forklift/lift platform, you need to check the group of lifting equipment. | Reference: 150% MFN if applicable normally. | Reference thường gặp khoảng 0–5%; need to check according to specific code. | 10% or current VAT policy. | Check C/O Form E/RCEP/AK/VK/J/EUR.1 depending on the import route. | Catalog, load, year, engine type, C/O, invoice, packing list. |
| 8428.10 / 8428.40 / 8431.31 | Elevators, escalators, passenger conveyors and safety parts | Classified by complete equipment or safety components of elevators/escalators. | Applicable when using ladders, safety components or synchronous equipment clusters; Need to compare corresponding QCVN. | Reference: 150% MFN if there is no separate level. | Reference thường gặp khoảng 0–5% tùy mã. | 10% or current VAT policy. | FTA depends on product/part code and origin criteria. | Model, serial, safety components list, QCVN/test report, C/O. |
SPECIAL PREFERENTIAL C/O/FTA TABLE BY IMPORT ROUTE
| Route/origin | FTA/agreement | C/O form or origin document | Special preferential duty if supported | Conditions | Documents to verify | Application notes |
|---|---|---|---|---|---|---|
| ASEAN | ATIGA | C/O Form D | Many Chapter 84 lines may be 0% if conditions are met; verify FTA tariff by final HS. | Meets rules of origin, direct shipping, product description and appropriate HS. | C/O Form D, invoice, packing list, B/L, HS/description comparison table. | Wrong origin criteria or incorrect model/load description may result in rejection of incentives. |
| Trung Quốc | ACFTA / RCEP | C/O Form E hoặc C/O RCEP | Special offers may be available; Many pieces of machinery need to check each 8-digit code. | Check CTH/CTSH/RVC criteria, third party invoice, direct shipping. | Form E/RCEP, invoice, B/L, catalogue, packing list. | Form E is susceptible to product description, manufacturer name, country of origin and third party invoices. |
| Hàn Quốc | AKFTA / VKFTA / RCEP | C/O Form AK, VK hoặc RCEP | Deep incentives are possible, depending on the agreement and HS code. | Compare tax rates between AKFTA, VKFTA and RCEP to choose the beneficial form. | C/O, invoice, catalog, transport documents. | Do not automatically default to which form is better without checking the tax schedule. |
| Nhật Bản | VJEPA / AJCEP / CPTPP / RCEP | C/O Form VJ, AJ, CPTPP hoặc RCEP | Special offers possible; need to choose the most suitable agreement. | Check provenance, PSR criteria and self-certification documents if applicable. | C/O/document of origin, invoice, catalog, B/L. | Old Japanese equipment needs further review of Decision 18/2019/QD-TTg if used. |
| EU | EVFTA | EUR.1 or self-certification document of origin if eligible | Incentives can be given according to the EVFTA roadmap. | Check EU origin, direct shipping conditions and origin declaration. | EUR.1/statement on origin, invoice, B/L, catalogue. | Wrong item description or insufficient shipping documents may result in loss of incentives. |
| UK | UKVFTA | EUR.1 UK or document of origin according to UKVFTA | Possible incentives under UKVFTA. | Review UKVFTA’s own origin criteria. | C/O/document of origin, invoice, transport documents. | Do not mistakenly use EVFTA documents for UKVFTA. |
| Úc / New Zealand | AANZFTA / CPTPP / RCEP | C/O Form AANZ hoặc chứng từ CPTPP/RCEP | Special offers may vary depending on route. | Compare preferential levels between agreements. | C/O, invoice, B/L, catalogue. | Need to check origin criteria and shipping route. |
| Ấn Độ / Hong Kong | AIFTA / AHKFTA | Form AI hoặc AHK | There may be a discount if the product code is in the commitment schedule. | Review the tax schedule according to the final HS and corresponding form. | C/O, invoice, packing list, bill of lading. | Not all machine codes have the same incentives. |
DOSSIER AND SUBMISSION METHOD
The dossier should be separated into commercial, technical/specialized and authority-submission files. Submission may be through the National Single Window, public service portal, specialized system, direct submission or as guided by the authority/certification/inspection body.
OPERATIONAL DOSSIER CHECKLIST
| Dossier group | Required documents | Used for which step | Typical preparer | Common errors | Pre-ETA check |
|---|---|---|---|---|---|
| Commercial dossier | Commercial Invoice, Packing List, Contract/PO, B/L/AWB, C/O if claiming FTA | Customs declaration, duty, value and origin | Importer, shipper, forwarder, purchasing | Generic goods name, missing model/quantity, C/O description mismatch | Match goods name, model, serial, quantity, origin and Incoterms. |
| Technical dossier | Catalogue, datasheet, manual, drawing, load chart, pressure certificate, refrigerant declaration, Ex certificate if any | HS, policy, quality inspection and safety inspection review | Supplier, factory technical team, importer | No pressure/load/refrigerant data; catalogue differs from invoice model | Request exact model catalogue, nameplate photos and quantitative specs. |
| Quality/conformity dossier | Test report, conformity certificate/declaration, applicable QCVN/TCVN | Quality inspection/conformity procedures | Importer, certification body, compliance team | Certificate not matching QCVN or model/serial | Check model, test standard, validity and scope. |
| Safety inspection dossier | Installation file, equipment logbook, inspection record, inspection label, maintenance documents | Use/operation after clearance and installation | Factory, EHS/HSE, inspection body | Customs done but inspection before use forgotten | Plan inspection before ETA for project equipment. |
| Used/refurbished dossier | Year of manufacture, inspection certificate, manufacturing standard, refurbishment/maintenance records, condition photos | Used machinery policy and customs review | Importer, supplier, inspection organization | Cannot prove age or applicable standard | Lock used machinery dossier before shipment. |
LEGAL BASIS AND SPECIALIZED POLICY MATRIX
Legal review should be performed after product identification and dossier collection. Do not use one generic conclusion for all machinery.
LEGAL BASIS TABLE
| Document group | Document number/title | Issuing authority | Effective timing if identifiable | Role in the procedure | Key article/appendix | Review notes |
|---|---|---|---|---|---|---|
| Law | Law on Occupational Safety and Hygiene 84/2015/QH13 | National Assembly | Effective from 01/07/2016 | Core framework for strict OSH machinery, equipment, materials and substances. | Articles 28, 31 | Equipment on the list must be inspected before use and periodically during use. |
| Decree | Decree 44/2016/ND-CP | Government | Effective from 01/07/2016; partially amended | Technical safety inspection, OSH training and workplace monitoring. | Chapters on inspection and training | Review consolidated/amended text with Decree 140/2018 and Decree 04/2023. |
| Amending decrees | Decree 140/2018/ND-CP and Decree 04/2023/ND-CP | Government | Verify current effect at application time | Amend administrative procedures and OSH-related conditions. | Amendments to Decree 44/2016 | Do not review Decree 44 separately from amendments. |
| OSH list | Circular 36/2019/TT-BLDTBXH | MOLISA | Effective from 01/03/2020 | List of machinery, equipment, materials and substances subject to strict OSH requirements. | Attached list | Trigger for safety inspection, not automatically import quality inspection for every line. |
| Group 2 imports | Circular 01/2021/TT-BLDTBXH | MOLISA | Effective from 18/07/2021 | Group 2 product list and import quality inspection measures. | Article 4; Sections I/II | Section I requires import quality inspection; Section II may not but may still need safety inspection before use. |
| Quality management | Circular 26/2018/TT-BLDTBXH and Circular 13/2024/TT-BLDTBXH | MOLISA | Circular 13 effective from 01/02/2025 | Quality management of unsafe goods under MOLISA responsibility. | Provisions on inspection and conformity declaration | Use current/amended text when preparing dossiers. |
| QCVN/TCVN | Applicable QCVN/TCVN for elevators, escalators, lifting equipment, pressure vessels, PPE, etc. | MOLISA/standards bodies | By each technical regulation | Basis for testing, certification, declaration or inspection. | QCVN in Circular 01/2021 and sectoral regulations | Do not apply one QCVN to all equipment. |
| Used machinery | Decision 18/2019/QD-TTg | Prime Minister | Verify current effect | Review conditions for import of used machinery/equipment/production lines if applicable. | Scope and conditions | Only applies where the goods fall within scope. |
SPECIALIZED POLICY MATRIX BY GOODS SCENARIO
| Goods scenario | Documents to check | Possible policy | Authority/system if identifiable | Policy trigger |
|---|---|---|---|---|
| Goods in Section I of Circular 01/2021 | Circular 01/2021; Circular 26/2018; Circular 13/2024; Decrees 132/2008, 74/2018, 154/2018 | Import quality inspection; conformity certification/declaration if QCVN requires. | Department of Work Safety or local DOLISA depending on product line; NSW/specialized system if applicable. | Product name, HS, QCVN/TCVN and technical description match Section I. |
| Goods in Section II but still in strict OSH list | Circular 01/2021; Circular 36/2019; OSH Law | May not need import quality inspection, but safety technical inspection before use may still apply. | Qualified safety inspection organization; labour authority if required. | Pressure, load, refrigerant, function or threshold activates the list. |
| Lifting equipment, cranes, hoists, winches | Circular 36/2019; Circular 01/2021; relevant QCVN/TCVN | Quality inspection, conformity and safety inspection may apply. | DOLISA/Department of Work Safety depending on product line. | Lifting capacity, personnel/goods lifting and fixed/mobile installation. |
| Pressure vessels, boilers, refrigeration systems | Circular 36/2019; Circular 01/2021; QCVN for pressure/refrigeration | Quality policy and safety inspection based on pressure, temperature and refrigerant. | Quality inspection authority / safety inspection organization. | Working pressure, refrigerant group or system threshold is met. |
| Elevators, escalators and passenger conveyors | Circular 01/2021; QCVN 02:2019/BLDTBXH and related QCVN | Usually requires quality inspection, conformity and inspection before use. | Department of Work Safety/DOLISA; certification/inspection bodies. | Complete device or safety component is imported. |
| Used/refurbished equipment | Decision 18/2019/QD-TTg; Circular 36/2019; Circular 01/2021 | Used machinery conditions plus OSH/quality obligations. | Customs, inspection organization, quality authority. | Year of manufacture, used condition and technical inspection dossier. |
| EPE/FDI/factory/project imports | OSH Law; Circular 36/2019; customs and quality rules | Import and operation obligations still need review. | Customs; project/factory authority; inspection body. | Goods are installed/operated in factory or transferred to domestic market. |
PROCESSING TIME, FEES AND RISK COSTS
Processing time depends on dossier completeness, the authority/body involved, testing/certification needs, installation and shipment schedule. Do not wait until port arrival to review OSH triggers.
| Stage | Actions | Recommended timing | Fees/costs to review | Delay risk |
|---|---|---|---|---|
| Before PO/contract | Define technical name, HS, OSH policy, group 2 status and used machinery issue | Before ordering/shipping | Depends on dossier readiness | Wrong contract data makes invoice/C/O hard to correct. |
| Before ETA | Lock invoice, packing list, B/L/AWB, catalogue, datasheet, model/serial, C/O | Several working days before ETA | Logistics/document charges as incurred | Missing catalogue/QCVN may lead to document queries. |
| Quality inspection registration if applicable | Submit dossier via relevant authority/system | Depends on authority and dossier completeness | State/assessment fees as applicable | Late registration extends clearance time. |
| Customs declaration | Declare HS, value, origin, specialized policy and respond to yellow/red channels | At arrival/declaration stage | DEM/DET/storage may arise if delayed | Customs may query function, load, pressure, refrigerant and condition. |
| After clearance/installation | Safety inspection, conformity completion and dossier storage | Before use and periodically under QCVN | Inspection/certification service fees | Do not operate equipment subject to inspection without valid result. |
END-TO-END OPERATIONAL PROCESS
Lock HS, OSH policy, group 2 status, QCVN, duty, C/O and used/new condition.
Match invoice, packing list, B/L/AWB, catalogue, model/serial, load, pressure, volume and origin.
Register quality inspection, prepare conformity or safety inspection plan if applicable.
Green: conditional release; Yellow: document check; Red: document and physical inspection.
Explain HS, value, C/O, catalogue, QCVN, pressure, load, refrigerant, condition and use purpose.
Deliver to warehouse/factory, install, inspect before use if required and store dossier.
FAQ
Does every imported machine require quality inspection?
No. It must be checked against the group 2 list and the final HS code. Some equipment may not require import quality inspection but still requires safety inspection before use.
Does being listed under Circular 36/2019 mean import quality inspection is mandatory?
Not automatically. Circular 36 identifies strict OSH items; import quality inspection must be checked under Circular 01/2021 and applicable QCVN/TCVN.
What is critical for boilers and pressure vessels?
Working pressure, temperature, volume, medium, design standard, nameplate and pressure test certificate are key.
Do cranes, hoists and winches need safety inspection?
If they meet the listed thresholds or functions, a safety technical inspection before use should be planned.
Are elevator safety components treated the same as complete elevators?
No. Complete elevators and safety components may have different HS codes, QCVN and conformity dossiers.
Are EPE/FDI imports exempt from OSH obligations?
Not automatically. The customs regime may differ, but safety inspection and operation dossiers still need review.
How should used equipment be handled?
Review Decision 18/2019/QD-TTg, year of manufacture, condition and OSH/quality requirements.
Can C/O reduce duty?
Possibly, depending on final HS code, FTA, origin criteria and validity of the origin document.
OUTPUT RESULTS AND POST-CLEARANCE OBLIGATIONS
Output may include customs clearance, quality inspection result, conformity certificate/declaration, safety inspection record, inspection label, installation file and handover dossier. After clearance, importers should store documents by shipment and prepare for post-clearance audit or EHS/HSE review.
VIEW / DOWNLOAD ORIGINAL LEGAL DOCUMENTS
Law on Occupational Safety and Hygiene No. 84/2015/QH13
Base legal framework for machinery, equipment, materials and substances subject to strict OSH requirements.
Circular 36/2019/TT-BLĐTBXH
List of machinery, equipment, materials and substances subject to strict OSH requirements.
Circular 01/2021/TT-BLĐTBXH
Group 2 goods under the management responsibility of the Ministry of Labour.
Circular 26/2018/TT-BLĐTBXH
Quality management framework for products/goods capable of causing unsafe conditions.
Circular 13/2024/TT-BLĐTBXH
Document to review when determining quality management and specialized procedure requirements.
Decree 44/2016/NĐ-CP and Decree 04/2023/NĐ-CP
Related documents for reviewing safety technical inspection activities and conditions.
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