Two ministries managing the same items so are jujube, white chrysanthemum, chrysanthemum indicum herb ingredients or food?

Herbal ingredient which was "disguised" agricultural products imported from China, was seized by the Customs force in Da Nang.

According to Lao Cai Customs Department, some items imported by firms at the unit are subject to the adjustment related to the two decrees as mentioned above.

Specifically, items such as lo han kuo, jujube, white chrysanthemum, yellow chrysanthemum and black beans are on the list of herb ingredients as specified in Circular 48/2018/TT-BYT of the Ministry of Health. If the enterprise imports for use as a herb ingredient, it will be subject to Decree 57/2017/ND-CP and the firm must apply for a license from the Ministry of Health.

However, if an enterprise imports for use as foods, it is subject to the management of the Ministry of Agriculture and Rural Development in accordance with Appendix III of Decree 15/2018/ND-CP and does not need a license.

On May 13, the Traditional Medicine Management Department (Ministry of Health) issued Document 319/YDCT-QLD on imported herb ingredients but there were no specific regulations on medicinal products included in the list of Circular 48/2018/TT-BYT. However, the declaration on the usage purpose of food is not subject to the management of the Ministry of Health.

Facing the above problems and to prevent enterprises from taking advantage of incorrect declaration of use purposes, Lao Cai Customs Department requested the General Department of Vietnam Customs discuss with the Ministry of Health for specific instructions.