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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 32/2023/ND-CP
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Hanoi, June 09, 2023
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO. 53/2018/ND-CP DATED
APRIL 16, 2018 ON AMENDMENTS TO THE GOVERNMENT’S DECREE
NO. 58/2016/ND-CP DATED JULY 01, 2016 ELABORATING ON TRADING IN CIVIL
CRYPTOGRAPHY PRODUCTS AND SERVICES, AND EXPORT OR IMPORT OF CIVIL CRYPTOGRAPHY
PRODUCTS
Pursuant to the Law on
Government Organization dated June 19, 2015; Law dated November 22, 2019 on
Amendments to some Articles of the Law on Government Organization and Law on
Local Government Organization;
Pursuant to the Law on
Cyberinformation Security dated November 19, 2015;
At the request of the
Minister of National Defense;
The Government hereby
promulgates a Decree on amendments to the Government’s Decree No. 53/2018/ND-CP
dated April 16, 2018 on amendments to the Government’s Decree No. 58/2016/ND-CP
dated July 01, 2016 elaborating on trading of civil cryptography products and
services, and export and import of civil cryptography products.
Article 1. Amendments
to the Government’s Decree No. 53/2018/ND-CP dated April 16, 2018 on amendments
to the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 elaborating on
trading of civil cryptography products and services, and export and import of
civil cryptography products
The Appendix II - List of
civil cryptography products exported and imported under license enclosed with
the Government’s Decree No. 58/2016/ND-CP dated April 16, 2018 is replaced with
the Appendix - List of civil cryptography products exported and imported under
license enclosed with this Decree.
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1. This Decree comes into
force from the date on which it is signed.
2. Any license to
export/import civil cryptography product before the effective date of this
Decree shall remain valid for completion of customs procedures until its expiry
date if name of such product matches the corresponding description of goods in
Vietnam’s Nomenclature of exports and imports. The customs authority
shall rely on Vietnam’s Nomenclature of exports and imports, issued license to
export/import civil cryptography product and actual status of the
exports/imports to assign HS codes and initiate customs clearance procedures in
accordance with regulations.
Article 3.
Responsibility for implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People's Committees
of provinces and central-affiliated cities, relevant organizations and
individuals are responsible for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Pham Minh Chinh
APPENDIX
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HS code
Name
Description of cryptographic function
84.43
Printing machinery
used for printing by means of plates, cylinders and other printing components
of heading 84.42; other printers, copying machines and facsimile machines,
whether or not combined; parts and accessories thereof
- Other printers,
copying machines and facsimile machines, whether or not combined:
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- - Machines which
perform two or more of the functions of printing, copying or facsimile transmission,
capable of connecting to an automatic data processing machine or to a
network.
- - - Combination
printer-copier-facsimile machines:
8443.31.31
- - - - Colour
Products having
facsimile and telegraph security functions.
8443.31.39
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Products having
facsimile and telegraph security functions.
- - - Other:
8443.31.91
- - - - Combination
printer-copier-scanner facsimile machines
Products having
facsimile and telegraph security functions.
8443.31.99
- - - - Other
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8443.32
- - Other, capable of
connecting to an automatic data processing machine or to a network:
8443.32.40
- - - Facsimile
machines:
Products having
facsimile and telegraph security functions.
8443.32.90
- - - Other
Products having
facsimile and telegraph security functions.
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- - Other
8443.99.90
- - - Other
Parts and accessories
with an encryption function intended for facsimile and telegraph
security products.
84.71
Automatic data
processing machines and units thereof; magnetic or optical readers, machines
for transcribing data onto data media in coded form and machines for processing
such data, not elsewhere specified or included
8471.30
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8471.30.90
- - Other
Products with at least
one of the functions: biometric cryptography; cryptographic key management or
storage; IP and channel security.
- Other automatic data
processing machines:
8471.41
- - Comprising in the
same housing at least a central processing unit and an input and output unit,
whether or not combined:
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8471.41.90
- - - Other
Products with at least
one of the functions: biometric cryptography; cryptographic key management or
storage; IP and channel security.
8471.49
- - Other, presented in
the form of systems:
8471.49.90
- - - Other
Products with at least
one of the functions: biometric cryptography; cryptographic key management or
storage; IP and channel security.
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- Processing units
other than those of subheading 8471.41 or 8471.49, whether or not containing
in the same housing one or two of the following types of units: storage
units, input units, output units:
8471.50.90
- - Other
Processing units with a
data storage security function.
8471.70
- Storage units:
8471.70.20
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Hard disk drives with a
data storage security function.
8471.70.90
- - Other
Storage units with a
data storage security function.
8471.80
- Other units of
automatic data processing machines:
8471.80.90
- - Other
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8471.90
- Other
8471.90.30
- - Electronic
fingerprint identification systems
Products having a data
storage security function.
8471.90.40
- - Other optical
character readers
Products having a data
storage security function.
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- - Other
Products having a data
storage security function.
84.73
Parts and
accessories (other than covers, carrying cases and the like) suitable for use
solely or principally with the machines of headings 84.70 to 84.72
8473.30
- Parts and accessories
of the machines of heading 84.71
8473.30.10
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Assembled printed
circuit boards integrated with an encryption function.
8473.30.90
- - Other
Parts and accessories
integrated with an encryption function.
85.17
Telephone sets,
including telephones for cellular networks or for other wireless networks;
other apparatus for the transmission or reception of voice, images or other
data, including apparatus for communication in a wired or wireless network
(such as a local or wide area network), other than transmission or reception
apparatus of heading 84.43, 85.25, 85.27 or 85.28.
- Telephone sets,
including telephones for cellular networks or for other wireless networks:
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8517.11.00
- - Line telephone sets
with cordless handsets
Products with at least
one of the functions: analog or digital voice security; wired voice security.
8517.13.00
- - Smartphones
Products with at least
one of the functions: analog or digital voice security; wired voice security.
8517.14.00
- - Telephones for
cellular networks or for other wireless networks
Products with at least
one of the functions: analog or digital voice security; wireless voice
security.
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- - Other
Products with at least
one of the functions: analog or digital voice security; wireless voice
security.
- Other apparatus for
transmission or reception of voices, images or other data, including
apparatus for communication in a wired or wireless network (such as a local
or wide area network):
8517.62
- - Machines for the
reception, conversion and transmission or regeneration of voice, images or
other data, including switching and routing apparatus:
8517.62.10
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Products with at least
one of the functions: IP security; channel security.
8517.62.30
- - - Telephonic or
telegraphic switching apparatus
Products with at least
one of the functions: IP security; channel security.
- - - Apparatus for
carrier-current line systems or for digital line systems:
8517.62.41
- - - - Modems
including cable modems and modem cards
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8517.62.42
- - - - Concentrators
or multiplexers
Products with at least
one of the functions: IP security; channel security.
8517.62.43
- - - - Control and
adaptor units, including gateways, bridges and routers and other similar
apparatus designed only for connection with automatic data processing
machines of heading 84.71
Products with at least
one of the functions: IP security; channel security.
8517.62.49
- - - - Other
Products with at least
one of the functions: IP security; channel security.
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- - - Other
transmission apparatus incorporating reception apparatus:
8517.62.51
- - - - Wireless LANs
Products with at least
one of the functions: IP security; channel security.
8517.62.52
- - - - Transmission
and reception apparatus of a kind used for simultaneous interpretation at
multilingual conferences
Products with at least
one of the functions: IP security; channel security.
8517.62.53
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Products with at least
one of the functions: IP security; channel security.
8517.62.59
- - - - Other
Products with at least
one of the functions: IP security; channel security.
- - - Other
transmission apparatus:
8517.62.61
- - - - Of goods for
radio-telephony or radio-telegraphy
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8517.62.69
- - - - Other
Products with at least
one of the functions: IP security; channel security.
- - - Other
8517.62.91
- - - - Portable
receivers for calling, alerting or paging and paging alert devices, including
pagers
Products with at least
one of the functions: IP security; channel security.
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- - - - Of goods for
radio-telephony or radio-telegraphy
Products with at least
one of the functions: IP security; channel security.
8517.62.99
- - - - Other
Products with at least
one of the functions: IP security; channel security.
8517.69.00
- - Other
Products with an
encryption function.
8517.79
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8517.79.10
- - - Of control and
adaptor units including gateways, bridges and routers
Parts of control and
adaptor units, and routers with an encryption function.
- - Of transmission
apparatus, other than radio-broadcasting or television transmission
apparatus, or of portable receivers for calling, alerting or paging and
paging alert devices, including pagers:
8517.79.21
- - - - Of cellular
telephones
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8517.79.29
- - - - Other
Parts of products with
an encryption function.
- - - Other printed
circuit boards, assembled:
8517.79.31
- - - - Of goods for
line telephony or line telegraphy
Parts of goods for line
telephony or line telegraphy with an encryption function.
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- - - - Of goods for
radio-telephony or radio-telegraphy
Parts of goods for
radio-telephony or radio-telegraphy with an encryption function.
8517.79.39
- - - - Other
Parts of products with
an encryption function.
- - - Other
8517.79.91
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Parts of goods for line
telephony or line telegraphy with an encryption function.
8517.79.92
- - - - Of goods for
radio-telephony or radio-telegraphy
Parts of goods for
radio-telephony or radio-telegraphy with an encryption function.
8517.79.99
- - - - Other
Parts of products with
an encryption function.
85.23
Discs, tapes,
solid-state non-volatile storage devices, “smart cards” and other media for
the recording of sound or of other phenomena, whether or not recorded,
including matrices and masters for the production of discs, but excluding
products of Chapter 37
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- Semiconductor media
8523.51
- - Solid-state
non-volatile storage devices:
- - - Unrecorded:
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- - - - Of a kind
suitable for computer use
Products being
cryptographic components of PKI systems; data storage security products
8523.51.19
- - - - Other
Products being
cryptographic components of PKI systems; data storage security products
- - - - Other
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8523.51.21
- - - - - Of a kind
suitable for computer use
Products being
cryptographic components of PKI systems; data storage security products
8523.51.29
- - - - - Other
Products being
cryptographic components of PKI systems; data storage security products
8523.51.30
- - - - Other, of a
kind used for reproducing representations of instructions, data, sound and
image, recorded in a machine readable binary form, and capable of being
manipulated or providing interactivity to a user, by means of an automatic
data processing machine; proprietary format storage (recorded) media
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- - - - Other
8523.51.91
- - - - - Other,
containing cinematographic movies other than newsreels, travelogues,
technical, scientific movies, and other documentary movies
Products being
cryptographic components of PKI systems; data storage security products
8523.51.92
- - - - - Other, of a
kind suitable for cinematography
Products being
cryptographic components of PKI systems; data storage security products
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- - - - - Other
Products being
cryptographic components of PKI systems; data storage security products
8523.52.00
- - “Smart cards”
Products being
cryptographic components of PKI systems; data storage security products
85.25
Transmission apparatus
for radio-broadcasting or television, whether or not incorporating reception
apparatus or sound recording or reproducing apparatus; television cameras,
digital cameras and video camera recorders
8525.50.00
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Products with at least
one of the functions: IP security; channel security; wireless security.
8525.60.00
- Transmission
apparatus incorporating reception apparatus
Products with at least
one of the functions: IP security; channel security; wireless security.
- Television cameras,
digital cameras and video camera recorders:
8525.81
- - High-speed
television cameras, digital cameras and video camera recorders:
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8525.81.10
- - - Video camera
recorders
Products with a data
encryption function.
8525.81.20
- - - Television
cameras
Products with a data
encryption function.
8525.81.90
- - - Other
Products with a data
encryption function.
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- - Other, radiation-hardened
or radiationtolerant goods designed or shielded to enable operation in a
high-radiation environment:
8525.82.10
- - - Video camera
recorders
Products with a data
encryption function.
8525.82.20
- - - Television
cameras
Products with a data
encryption function.
8525.82.90
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Products with a data
encryption function.
8525.83
- - Other, night vision
goods which use a photocathode to convert available light to electrons, which
can be amplified and converted to yield a visible image. This subheading
excludes thermal imaging cameras (generally subheading 8525.89):
8525.83.10
- - - Video camera
recorders
Products with a data
encryption function.
8525.83.20
- - - Television
cameras
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8525.83.90
- - - Other
Products with a data
encryption function.
8525.89
- - Other
8525.89.10
- - - Video camera
recorders
Products with a data
encryption function.
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- - - Television
cameras
Products with a data
encryption function.
8525.89.30
- - - Web cameras
Products with a data
encryption function.
8525.89.90
- - - Other
Products with a data
encryption function.
85.26
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- Other
8526.91
- - Radio navigational
aid apparatus
8526.91.10
- - - Radio navigational
aid apparatus, of a kind for use in civil aircraft, or of a kind used solely
on sea-going vessels
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8526.91.90
- - - Other
Products with a
wireless security function.
8526.92.00
- - Radio remote
control apparatus
Products with a
wireless security function.
85.28
Monitors and
projectors, not incorporating television reception apparatus; reception
apparatus for television, whether or not incorporating radio-broadcast
receivers or sound or video recording or reproducing apparatus
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- Reception apparatus
for television, whether or not incorporating radio-broadcast receivers or
sound or video recording or reproducing apparatus:
8528.71
- - Not designed to
incorporate a video display or screen:
- - - Set top boxes
which have a communication function:
8528.71.11
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Products with at least
one of the functions: IP security; channel security.
8528.71.19
- - - - Other
Products with at least
one of the functions: IP security; channel security.
- - - Other
8528.71.91
- - - - Mains operated
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8528.71.99
- - - - Other
Products with at least
one of the functions: IP security; channel security.
85.29
Parts suitable for
use solely or principally with the apparatus of headings 85.24 to 85.28
8529.90
- Other
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- - Of decoders
Parts with an
encryption function.
- - Other printed
circuit boards, assembled:
8529.90.51
- - - For goods of
subheading 8525.50 or 8525.60
Parts with an
encryption function.
85.42
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- Electronic integrated
circuits:
8542.31.00
- - Processors and
controllers, whether or not combined with memories, converters, logic
circuits, amplifiers, clock and timing circuits, or other circuits
Products being
cryptographic components of PKI systems; data storage security products
8542.32.00
- - Memories
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85.43
Electrical machines
and apparatus, having individual functions, not specified or included
elsewhere in this Chapter
8543.70
- Other machines and
apparatus:
- - Remote control
apparatus, other than radio remote control apparatus
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- - - Other
Products with a
wireless security function.
8543.70.90
- - Other
Products with a
wireless security function.
8543.90
- Parts:
8543.90.90
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Parts with an
encryption function.