HERBAL DRINK IMPORT PROCEDURES INTO VIETNAM
Herbal drink is a broad trade description. It may refer to a ready-to-drink beverage, a carbonated drink, a fruit-based beverage with botanicals, a concentrate requiring dilution, or a product positioned for specific health functions. Locking the HS code and food-safety route from the Invoice description alone can therefore lead to the wrong duty branch, an incomplete food-safety dossier or the wrong declaration mechanism.
This guide maps the end-to-end (E2E) route for the common case of a finished, non-alcoholic, packaged herbal/botanical beverage intended for direct consumption and sale as ordinary food, while separating the main scenarios that require a different classification or regulatory route.
Operational reference for import-export businesses · Updated through 11 September 2026.
1. QUICK VIEW & SCOPE
Processed, prepackaged food; the main scope is a non-alcoholic beverage made with herbal/botanical ingredients and sold as an ordinary refreshment.
Review 2202.99.50 first for non-carbonated ready-to-drink products not requiring dilution. If carbonated, exclude that code and distinguish 2202.10.xx from 2202.99.90 by the product’s essential character; also review 2009, 1302/2101/2106 and special-food routes where relevant.
Self-declaration generally applies to ordinary foods; state food-safety inspection for imports depends on the HS list, inspection method and applicable exemptions.
Original label, Vietnamese supplementary label and nutrition labelling must match the product dossier; Circular 29/2023/TT-BYT is particularly relevant from 1 January 2026.
Tax follows the final HS. For reference branch 2202.99.50, MFN is 30%; VAT and FTA preference require product- and origin-specific review on the declaration date; soft drinks under the applicable TCVN with sugar above 5g/100ml are excluded from the 2% VAT reduction in 2026 under Decree 174/2025/ND-CP.
Formula, extract ratio, carbonated/non-carbonated status, RTD/dilution, juice %, sugar, claims, label, testing and C/O should be consistent before ETA.
2. KEY TERMS & WHY THEY MATTER
A product consumed directly without dilution. This is a key fact when reviewing 2202.99.50.
Customs classification determines tariff treatment and helps map specialised controls. The trade name is not a substitute for classification by objective characteristics.
The common mechanism for ordinary processed prepackaged food under Decree 15/2018/ND-CP during the current legal phase.
State food-safety inspection based on product group, HS, inspection method and applicable exemption/reduction rules.
Evidence used to support origin and preferential tariff treatment when the selected FTA and origin rule are satisfied.
The operational deadline for locking product files, food-safety documents, labels, C/O and customs data.
3. DETAILED PRODUCT IDENTIFICATION
Collect the ingredient list and percentages, herbal extract type/ratio, Brix or concentration where relevant, carbonation status, juice %, sugar, caffeine or notable active constituents, manufacturing process, directions for use, original label, packaging, shelf life, claims and intended import purpose before classification.
DETAILED PRODUCT CLASSIFICATION TABLE
| Product/situation | Signs to check | Example | Evidence | Possible policy | Documents to cross-check | Application note |
|---|---|---|---|---|---|---|
| Non-carbonated RTD herbal drink | Liquid; directly consumed; no dilution; not essentially juice of heading 20.09 | Artichoke drink, chrysanthemum drink, mixed herbal beverage | Formula, spec, label, process | Reference HS 2202.99.50; food safety; self-declaration; label | Ingredients, test report, artwork, Invoice/PL | Main scope |
| Sweetened/flavoured “water” product | Product is essentially “waters, including mineral/aerated waters” with added sugar, other sweetener or flavouring; it may be aerated or non-aerated | Flavoured/sweetened water, sparkling flavoured water | Spec, formula, carbonation status, label | Potential 2202.10.xx; food safety | Spec, formula, label | Do not choose 2202.10 merely because the beverage is carbonated |
| Fruit/vegetable juice with herbs | Juice/puree gives the essential character; meaningful juice %/Brix | Fruit-herbal juice | Formula, juice %, Brix, process | Potential heading 20.09 | Formula, process, product standard | Exclude 2009 before locking 2202 |
| Concentrate/extract/syrup requiring dilution | Concentrated; not directly consumed; directions require dilution | Herbal concentrate, syrup base | Brix, concentration, directions | Potential heading 1302 for qualifying plant extracts as materials; 2101 only for coffee/tea/maté-based extracts or preparations; 2106 or another heading depending on composition and use | Spec, botanical source, composition, concentration, directions | Does not meet “ready to drink without dilution” |
| Functionally positioned product | Dose, target users, strong health claims, standardised actives | Botanical health drink | Formula, dosage, claim dossier, overseas status | May require product registration/special-food route | CFS/health certificate where applicable, test, scientific evidence | Bottle format does not make it an ordinary drink |
| Material plant pieces / separate botanicals | Leaves, seeds, roots or fruit remain materially unprocessed or are imported separately | Drink kit with loose herbs | Process, botanical species, packaging | Separate plant-quarantine review may arise | Phytosanitary/processing evidence if applicable | “Packaged in a bottle” does not automatically remove quarantine questions |
4. HS CODE – TAX – C/O
The HS codes below are review branches, not blanket conclusions for every product called “herbal drink”. Duty and FTA calculations should start only after the product nature and final HS have been locked.
2202.99.50 is a key reference where the product is another non-carbonated beverage, ready for direct consumption without dilution.
2202.10.xx where the product is a qualifying “water” with added sugar/sweetener/flavouring; 2202.99.90 should also be reviewed for other carbonated non-alcoholic beverages not falling in 2202.10; 2009.xx for fruit/vegetable juices; and 1302/2101/2106 or another heading for extracts/concentrates/preparations according to their nature.
Formula, extract/juice ratio, carbonation, concentration, directions and claims are the core evidence.
Decree 26/2023/ND-CP lists 2202.99.50 at 30% MFN. Other codes must use their own current tariff lines.
In 2026, a soft drink under the applicable TCVN with sugar above 5g/100ml is listed in Annex II to Decree 174/2025/ND-CP and is not eligible for the 2% VAT reduction; the standard 10% VAT applies. If the product is not excluded and would otherwise be taxed at 10%, review eligibility for the 8% reduced rate through 31 December 2026.
Compare ACFTA/RCEP, ATIGA, VKFTA/AKFTA, Japan-related FTAs, EVFTA and other applicable agreements against the final origin and HS.
PROPOSED HS – DUTY – C/O REVIEW TABLE
| Reference HS | Suitable description/group | Classification basis | Condition | Ordinary import duty | MFN duty | VAT | C/O/FTA review | Evidence |
|---|---|---|---|---|---|---|---|---|
| 2202.99.50 | Other non-carbonated beverages, ready for direct consumption without dilution | Finished non-alcoholic non-carbonated RTD beverage | Only if no more specific line/heading applies | If ordinary rate applies and no specific ordinary line exists: review the 150%-of-MFN rule under Decision 15/2023/QD-TTg | 30% under Decree 26/2023/ND-CP | If a soft drink under the TCVN has sugar >5g/100ml: 10% VAT in 2026 under Decree 174/2025; otherwise review eligibility for 8% VAT through 31 Dec 2026 | By actual origin | Formula, spec, label, process, C/O |
| 2202.10.xx | Water with added sugar/other sweetener or flavouring, as applicable | Formula and product state | When the detailed 2202.10 line matches | Check current tariff by final code | Check current tariff by final code | Check on declaration date | By origin | Formula, carbonation, label |
| 2202.99.90 | Other under 2202.99 | Other non-alcoholic beverage not fitting 2202.99.10–.50; particularly relevant to review where the drink is carbonated but is not a “water” of 2202.10 | Only where the actual file fits and no more specific line applies | Check current tariff by final code | Check current tariff by final code | Review VAT rules on declaration date | By origin | Formula, spec, carbonation, process, label |
| 2009.xx | Fruit, nut or vegetable juices | Juice %, Brix, process and essential character | When heading 20.09 is met | Check final 8-digit code | Check final 8-digit code | Check on declaration date | By origin | Formula, Brix, juice %, process |
| 1302.xx / 2101.xx / 2106.xx or other | Plant extract/concentrate/food preparation outside RTD beverage scope | Concentration, composition and use | 1302 where a qualifying plant extract is imported as a material; 2101 only for coffee/tea/maté; 2106 or another heading where a qualifying food preparation gives the essential character | Check final code | Check final code | Check on declaration date | By origin | Spec, botanical source, composition, concentration, directions |
SPECIAL FTA/C/O REVIEW BY ORIGIN
| Origin/route | FTA | C/O/origin document | Preferential rate to review | Conditions | Evidence | Note |
|---|---|---|---|---|---|---|
| China | ACFTA / RCEP | Form E or RCEP-compliant proof | Check the 2026 schedule by final HS | Origin rule, valid evidence and transport/document conditions | C/O, Invoice, PL, B/L, origin data | Compare mechanisms before selection |
| ASEAN | ATIGA | Form D/e-Form D under current mechanism | Check current ATIGA schedule | ASEAN origin rule | C/O, Invoice, transport docs | Check HS and goods description |
| Korea | VKFTA / AKFTA / RCEP | Corresponding proof of origin | Check schedule of selected FTA | Meet the selected agreement, not a mixed rule set | C/O/proof, Invoice, B/L | Do not mix requirements between FTAs |
| Japan | VJEPA / AJCEP / CPTPP / RCEP | Agreement-specific proof | Check current schedule | Valid origin rule and evidence | Proof, Invoice, transport docs | Choose best eligible mechanism |
| European Union | EVFTA | EVFTA-compliant proof of origin | Check current EVFTA schedule | Origin rule and documentation conditions | Proof, Invoice, transport docs | Review issuer/statement wording for the shipment |
C/O CHECKLIST BEFORE CLAIMING PREFERENCE
- Use the correct proof/Form for the selected FTA; do not mix mechanisms between agreements.
- Review the applicable origin criterion such as WO/RVC/CTH/CTSH against the final HS and product-specific rule.
- Cross-check third-party invoicing where relevant, transport conditions, goods description, HS, quantity/weight and country of origin.
- Check issuer/self-certification status, issue date, validity/authenticity and consistency with the Invoice, Packing List and B/L/AWB.
5. DOCUMENT SET & PREPARATION LOGIC
Use a “single source of product truth” approach: one locked Product Master should feed HS classification, self-declaration, food-safety inspection, labelling, C/O and the customs declaration.
Contract/PO, Commercial Invoice, Packing List, B/L or AWB, Arrival Notice and value/payment evidence where needed.
Ingredient list, percentages/formula, specification, COA, process, sugar/juice/concentration data, original label, shelf life and test report.
Self-declaration or relevant registration, testing, import food-safety inspection documents where applicable, C/O and Vietnamese supplementary-label draft.
OPERATIONAL DOCUMENT CHECKLIST
| Document group | Documents | Used for | Typical owner | Common error | Pre-ETA check |
|---|---|---|---|---|---|
| Commercial | Invoice, Packing List, Contract/PO | Customs, valuation, SKU cross-check | Importer / supplier | Different names, units or quantities | Cross-check each SKU and pack |
| Transport | B/L or AWB, Arrival Notice | Cargo release and customs | Forwarder / carrier | Consignee/marks/package count mismatch | Compare with Invoice/PL |
| Technical | Formula/ingredients, Spec, Process, COA | HS, food safety, declaration, label | Manufacturer / importer | Marketing brochure only; no percentages | Obtain formal technical documents |
| Testing | Food-safety test report | Self-declaration and food-safety file | Importer / laboratory | Expired/incorrect SKU/incomplete parameters | Check product name, date, parameters and units |
| Product declaration | Self-declaration or registration dossier | Market access/specialised control | Importer | Wrong route due to claims/category | Lock food category first |
| Import food safety | Registration/result if shipment is in scope | Customs clearance | Importer / customs agent | Inspection method/exemption not reviewed | Cross-check Circular 28/2026 and Decree 15/2018 |
| Label | Original label + Vietnamese artwork | Market release/post-clearance | Brand / importer | Nutrition or claim differs from dossier | Artwork review before printing/application |
| Origin | C/O / proof of origin | Preferential tariff | Exporter / importer | HS/description/invoice/date inconsistency | Pre-check before issuance/acceptance |
6. LEGAL BASIS – SPECIALISED-POLICY MATRIX
As of 11 September 2026, Resolution 15/2026/NQ-CP suspends Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP; during the suspension, Decree 15/2018/ND-CP and related implementing guidance continue to apply. Circular 28/2026/TT-BCT has been effective since 17 July 2026.
TABLE 1 – LEGAL BASIS TO REVIEW
| Legal group | Instrument | Issuer | Current timing/status | Role | Provision/annex to note | Review note |
|---|---|---|---|---|---|---|
| Food-safety framework | Law on Food Safety 2010 | National Assembly | Review current version | General framework for imported/marketed food safety | Imported-food responsibilities and operator obligations | Read with current implementing instruments |
| Declaration & import inspection | Decree 15/2018/ND-CP | Government | Continues during suspension of Decree 46/2026 | Self-declaration, product registration, state import food-safety inspection, exemptions | Articles 4–5 on self-declaration; Chapter VI on import inspection; current consolidated application | Do not use suspended Decree 46/2026 as the operating basis |
| Transition status | Resolution 15/2026/NQ-CP | Government | Effective 6 Apr 2026 | Suspends Decree 46/2026 and Resolution 66.13/2026 | Suspension period and instruments continuing in force | Monitor future amended food-safety law/decree |
| MOIT import food list | Circular 28/2026/TT-BCT | Ministry of Industry and Trade | Effective 17 Jul 2026 | HS-based list subject to state food-safety inspection under MOIT scope | Annex covering beverage/soft-drink groups | Match the final HS and Decree 15 exemption rules |
| Beverage technical regulation | QCVN 6-2:2010/BYT | Ministry of Health | Review current applicability | National technical regulation for non-alcoholic beverages | Relevant food-safety parameters | Confirm scope against actual formulation |
| Goods labelling | Decree 43/2017/ND-CP; Decree 111/2021/ND-CP | Government | Review current version | Mandatory label contents for imported/marketed goods | General and imported-goods labelling requirements | Combine with food-specific rules |
| Nutrition labelling | Circular 29/2023/TT-BYT | Ministry of Health | Key compliance milestone from 1 Jan 2026 within scope | Nutrition information on food labels | Energy, protein, carbohydrate, fat and sodium; beverages/foods with added sugar also require review of total sugar; Article 9 contains a transition for goods imported/circulated before 1 Jan 2026 | From 1 Jan 2026 non-compliant labels may not be imported/used; qualifying goods imported/circulated before that date may continue until expiry under the transition rule |
| Import tariff | Decree 26/2023/ND-CP; Decision 15/2023/QD-TTg; Resolution 204/2025/QH15; Decree 174/2025/ND-CP; Law 66/2025/QH15 | Government / Prime Minister | Check current schedules | MFN, ordinary duty, 2026 VAT and the excise-tax schedule for sugary soft drinks where in scope | Final HS tariff line; Annex II to Decree 174/2025; Article 8 of Law 66/2025/QH15 | Soft drinks under the TCVN with sugar >5g/100ml do not receive the 2% VAT reduction in 2026; the excise-tax rate for that group starts at 8% from 1 Jan 2027 and 10% from 1 Jan 2028 |
TABLE 2 – POLICY MATRIX BY GOODS SITUATION
| Goods situation | Legal basis to review | Possible policy | Authority at high level | Trigger |
|---|---|---|---|---|
| Ordinary RTD herbal drink | Decree 15/2018; Circular 28/2026; QCVN 6-2 | Self-declaration + import food-safety inspection as applicable + label | Food-safety/MOIT authority and Customs by mandate | Ordinary food for commercial import; HS in list and no exemption |
| Strong functional positioning | Decree 15/2018 and rules for relevant food category | Potential product-registration route and enhanced dossier | Competent food-safety authority | Claims/nature/target users place product in a registered category |
| Valid testing/sample shipment | Decree 15/2018 | Potential inspection exemption if conditions are met | Food-safety authority / Customs | Purpose, quantity and evidence satisfy the exemption |
| Plant materials requiring separate review | Current plant-quarantine rules + processing evidence | Potential plant quarantine | Plant-quarantine authority | Form and processing level of plant material trigger control |
| 2026 market label | Decrees 43/2017 & 111/2021; Circular 29/2023 | Vietnamese supplementary label + nutrition compliance | Market/food authorities by mandate | Imported for sale in Vietnam and within scope |
| FTA preference claimed | Applicable FTA tariff/origin rules | Special preferential import duty | Customs | Valid origin evidence and origin rule met |
7. PROCESSING TIME, FEES & DELAY COST
Actual timing varies with dossier quality, food-safety inspection method, sampling/testing, customs channel and cargo-arrival timing. The table therefore uses management milestones rather than unsupported fixed-day promises.
PROCESSING TIMELINE & RISK-COST TABLE
| Stage | Main work | Suggested management milestone | Potential fee/cost | Delay risk |
|---|---|---|---|---|
| Preparation | Lock formula, claims, HS branch, label and origin | Before shipment confirmation | Advisory/testing cost if any | Documents must be amended after departure |
| Product declaration | Complete self-declaration or confirm registration route | Before first commercial shipment | Testing/dossier cost; state fees only where legally prescribed | No reliable product file for market/import control |
| Food-safety registration/acceptance | Prepare state import food-safety file if in scope | Before/at the shipment milestone required by the applicable method | Inspection/testing costs as applicable | Specialised-control bottleneck |
| Inspection/sampling | Coordinate document review and sampling if required | Per competent body/process | Testing, sampling or assessment cost if incurred | Longer cargo storage |
| Customs-document lock | Invoice, PL, B/L-AWB, C/O, HS, value | Before ETA | Carrier amendment fee if late | Declaration/C/O mismatch |
| Clearance | Declare, pay tax, handle channel and specialised control | Once legally ready to declare | Import duty, VAT and shipment-level obligations | Storage, DEM/DET, detention |
| Post-clearance | Supplementary label, market release, record retention | Before sale and through retention period | Relabelling/recall cost if non-compliant | Post-audit, penalty, recall |
8. END-TO-END PRACTICAL WORKFLOW
Collect ingredients/percentages, process, spec, Brix/juice %, carbonation, directions, claims, label, package and origin.
Compare 2202.99.50 against 2202.10, 2202.99.90, 2009, 1302/2101/2106 and other plausible branches; calculate duty only after the evidence is sufficient.
Confirm food category, Decree 15/2018, Circular 28/2026, applicable QCVN, labelling and any plant-quarantine issue.
Perform self-declaration or the appropriate registration route; lock the test report and label artwork.
Cross-check Invoice, PL, B/L-AWB, C/O, spec, declaration, food-safety file and label against one Product Master.
Declare HS/description/value/origin; handle Green/Yellow/Red channel and any document request.
Complete the applicable specialised result, tax payment, customs clearance and cargo release.
Ensure Vietnamese/nutrition labels are compliant before sale; retain records and control later supplier/formula/origin changes.
9. FAQ
1) Does herbal drink require a separate import licence?
Do not answer from the name alone. For ordinary food beverages, the core issues are usually food safety, declaration, import inspection and labelling; a special-category product may follow a different route.
2) Which HS code is usually reviewed first?
For a non-alcoholic, non-carbonated, ready-to-drink product not requiring dilution and not fitting a more specific line, 2202.99.50 is a key reference branch. Final HS still depends on the actual file.
3) Can a carbonated herbal drink use 2202.99.50?
No. 2202.99.50 expressly covers non-aerated beverages. For a carbonated product, distinguish 2202.10.xx where it is essentially a “water” with added sugar/sweetener/flavouring from 2202.99.90 where it is another non-alcoholic beverage not fitting 2202.10. Carbonation alone does not decide 2202.10.
4) What if the formula contains fruit juice?
Review the percentage and essential character. If the product is a fruit/vegetable juice of heading 20.09, marketing it as “herbal drink” does not keep it in heading 22.02.
5) Are all herbal drinks self-declared?
No. Ordinary prepackaged food commonly follows self-declaration under the current framework; products in a mandatory registration category or another legal regime must use the correct route.
6) What should be checked in the test report?
The report should match the exact product/SKU and relevant parameters. Under Article 5 of Decree 15/2018, the test report used for self-declaration must be within 12 months before filing and issued by a designated laboratory or one accredited to ISO 17025, covering the relevant food-safety parameters.
7) Is every shipment subject to import food-safety inspection?
Cross-check the final HS against Circular 28/2026/TT-BCT and then apply Decree 15/2018 inspection methods and exemptions. The trade name alone is insufficient.
8) Does “herbal” automatically mean plant quarantine?
No. A fully processed beverage is different from loose plant materials. Separate review is still needed if materially unprocessed botanical pieces or separate plant ingredients are involved.
9) What is important about nutrition labels from 2026?
For products within Circular 29/2023/TT-BYT, from 1 January 2026 non-compliant nutrition labels may not be imported/used; qualifying goods imported or circulated before that date may continue until expiry. Beverages/foods with added sugar also require review of total sugar labelling.
10) Does a C/O automatically guarantee preferential duty?
No. The selected FTA, origin rule, HS/description and documentary/transport conditions must all be satisfied.
11) Is a “detox herbal drink” automatically an ordinary soft drink?
No. Review claims, dose, target users, active constituents and overseas product status before deciding its Vietnamese regulatory category.
12) Should a supplier or formula change be re-reviewed?
Yes. Changes to composition, process, claims, origin, label or packaging can affect HS, declaration, testing, C/O and market obligations. Use change control before the next shipment.
10. DELIVERABLES & POST-CLEARANCE OBLIGATIONS
Retain the Product Master, HS rationale, spec, formula, process, label and evidence used to exclude competing branches.
Retain Contract/PO, Invoice, Packing List, B/L-AWB, Arrival Notice and shipment-specific records.
Retain self-declaration/registration where applicable, test report, import food-safety inspection file/results and other specialised evidence.
Retain declaration, valuation records, tax payment evidence, C/O/proof of origin and classification explanations if any.
Ensure original/supplementary label, nutrition information, claims and importer details are compliant before sale.
Apply required retention periods and control supplier, formula, origin, packaging, label and claim changes before future shipments.
11. TGIMEX SOLUTIONS
For herbal drinks, operational quality comes from locking the right product facts before the shipment moves and keeping commercial, food-safety and customs documents aligned to the same data set.
Review formula, RTD status, HS branch, tax, C/O, declaration, label and specialised-control blockers before arrival.
Cross-check Invoice/PL/B/L-AWB against spec, testing, declaration, food-safety inspection, label and origin evidence.
Coordinate forwarder, documentation, customs and specialised-control workstreams around the locked product file.
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