Vietnam Importer of Record Requirements for Foreign Companies

Vietnam remains one of Asia’s most attractive manufacturing and deployment hubs for technology, telecom, and industrial equipment. However, many foreign companies underestimate a critical issue when shipping goods into the country: Importer of Record (IOR) responsibility.

In Vietnam, customs authorities do not recognize “logistics providers” or “shipping agents” as legally responsible parties. The Importer of Record carries full legal, tax, and compliance liability for the shipment. For foreign companies without a registered local entity, this creates structural and regulatory challenges that frequently result in shipment delays, penalties, or seizure.

What “Importer of Record” Means Under Vietnam Customs Law

In Vietnam, the Importer of Record is the entity that assumes full responsibility for import declarations and is liable for all duties and penalties. Vietnamese customs does not allow ambiguity; the declared importer must be a locally recognized legal entity with appropriate registrations.

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Core Importer of Record Requirements in Vietnam

1. Local Legal Presence or Recognized Import Structure

Vietnam does not permit non-resident foreign companies to act directly as Importer of Record. To be recognized by customs, the importer must generally have a registered Vietnamese legal entity or a compliant local import structure capable of assuming IOR liability.

2. Tax Registration and Payment Liability

The Importer of Record is responsible for import duties, import VAT, additional taxes, and any deferred or post-clearance assessments. If customs later determines misclassification or under-declaration, penalties attach to the Importer of Record, not the shipper or manufacturer.

3. HS Code Classification and Valuation Accuracy

Vietnam customs enforcement places strong emphasis on correct HS code assignment, declared customs value consistency, and supporting technical documentation. Relying on supplier-provided HS codes that don't align with local interpretation is a major source of post-clearance audits.

4. Product-Specific Regulatory Compliance

High-scrutiny categories like IT equipment, servers, GPUs, and telecom hardware face heightened scrutiny. For these goods, the Importer of Record may be required to demonstrate compliance with local technical standards, product registrations, and import licensing rules.

Common Misconceptions

• “Our Freight Forwarder Can Act as Importer”: Freight forwarders facilitate logistics; they do not absorb legal import liability unless explicitly structured and accepted by customs.
• “Our Customer or Distributor Will Handle It”: This transfers all risk to the local party, often leading to contractual disputes or refusal to import sensitive equipment.
• “Temporary Imports Are Easier”: These regimes still require a compliant IOR and are tightly controlled; failure can result in fines or loss of re-export privileges.

Case Analysis: Foreign IT Equipment Shipment Held at Vietnam Customs

Importer of Record vs “Indirect Import” in Vietnam

Strategic Implications

Understanding Vietnam IOR requirements is a risk management decision. Poor structuring leads to project delays, financial penalties, and long-term customs scrutiny. This is why many companies evaluate dedicated Importer of Record structures in Vietnam rather than improvised arrangements.

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Frequently Asked Questions