|
MINISTRY OF SCIENCE AND TECHNOLOGY
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 23/2015/TT-BKHCN
|
Hanoi, November 13, 2015
|
CIRCULAR
IMPORT OF USED MACHINERY,
EQUIPMENT AND TECHNOLOGICAL LINES
Pursuant
to the Government's Decree No. 20/2013/NĐ-CP dated February 26 2013 defining
the functions, tasks, entitlements and organizational structure of the Ministry
of Science and Technology;
Pursuant
to the Government's Decree No. 187/2013/NĐ-CP dated November 20, 2013 on
guidelines for the Law on Commerce with regard to international trading;
At the
request of Director of Technology Inspection, Review, and Evaluation Authority,
Director of Legal Department;
The
Minister of Science and Technology promulgates a Circular on import of used
machinery, equipment and technological lines.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This
Circular provides for criteria, documentation, procedures for import of used
machinery, equipment and technological lines, including used parts and
components in HS Chapter 84 and Chapter 85 on the List of exports and imports
of Vietnam promulgated by the Ministry of Finance together with Circular No.
103/2015/TT-BTC dated July 01, 2015 meant to be used for domestic manufacture
and trading that are not on the lists of goods banned from import compiled by
the government, the Prime Minister, Ministries, and ministerial agencies.
2. This
Circular does not apply to import of used machinery, equipment and
technological lines that are:
a)
transited;
b)
temporarily imported for re-export (except for those temporarily imported to
serve execution of processing contracts; those imported for manufacturing or
execution of construction projects); temporarily exported for re-import;
c)
imported to execute maintenance/repair contracts with foreign parties;
d)
transferred by another domestic enterprise in an export-processing zones or an
export processing enterprise outside the export-processing zone; among
enterprises in export-processing zones;
dd) meant
to serve research and development and cannot be domestically manufactured;
meant to serve national defense and security objectives at the request of
relevant Ministries;
e)
machinery and equipment on the List of potentially unsafe goods (List of Group
2 goods) issued by relevant Ministries according to the Law on Product and
goods quality;
g)
printing machinery and equipment of headings 84.40 through 84.43;
h)
permitted to be imported by the Government or the Prime Minister.
Article 2. Regulated entities
This
Circular applies to:
1.
Organizations and individuals (hereinafter referred to as enterprises) that
import used machinery, equipment and technological lines; used parts and
components.
2.
Inspecting bodies that inspect used machinery, equipment and technological
lines as prescribed in this Circular.
3.
Regulatory authorities relevant to the import of used machinery, equipment and
technological lines as prescribed in this Circular.
Article 3. Interpretation of terms
In this
Circular, the terms below are construed as follows:
1. Machinery
and equipment means a complete structure comprised of parts, groups of
parts, and components that are interconnected to operate to serve the intended
purposes.
2. Technological
line means a system of machinery, equipment, tools, devices that are
installed according to a technological process or diagram to ensure synchronous
operation serving manufacturing.
3. Parts
and components are parts, groups of parts that constitute the machinery and
equipment, imported for the purpose of replacement, repair, or improvement of
performance or productivity of operating machinery, equipment and technological
lines.
4. Used
parts and components are parts and components removed from used machinery,
equipment and technological lines.
5. Age
(expressed as year) means the period from the year of production to the
year of import of the used machinery, equipment or technological line. Year of
import is the year in which the goods arrive at a Vietnam’s port.
6. Used
machinery, equipment and technological lines (hereinafter referred to as
used equipment) are machinery, equipment and technological lines that have been
assembled and put into operation after they are manufactured.
Article 4. Rules for import management
1. Used
equipment must be imported in accordance with regulations on importation of the
Government, the Prime Minister, Ministries, and ministerial agencies.
2. With
regard to imported used equipment provided for in the documents of Ministries
and ministerial agencies, their regulations shall apply. This Circular shall
apply to other cases.
3. It is
prohibited to import any used equipment that has been discarded/banned by other
countries because of its obsolescence, low quality, or causing environmental
pollution as published by the Ministry of Science and Technology on its web
portal.
4.
Enterprises are recommended to inspect used equipment right in the exporting
country. If goods are not inspected until they arrive at a Vietnam’s port, the
importing enterprise may put them into storage as prescribed by this Circular.
Chapter II
REQUIREMENTS FOR IMPORTING USED EQUIPMENT
Article 5. General requirements
Imported
used equipment must satisfy safety, energy saving, and environmental protection
requirements prescribed by applicable law.
Article 6. Specific requirements
1. A
piece of used equipment may be imported if it satisfies the following criteria:
a) Its
age does not exceed 10 years;
b) It is
manufactured in accordance with a National Technical Regulation (QCVN) or
Vietnam’s Standard (TCVN) or Standards of G7 countries with regard to safety,
energy saving, and environmental protection.
2. With
regard to used equipment of investment projects, including new projects and
extended projects, in the following cases:
a) The
project is subject to issuance of a decision on investment policies;
b) The
project is subject to issuance of investment registration certificate,
regardless of a decision on investment policies.
If the
documents of a investment project has a list of used equipment and a competent
authority issues a decision on investment policies, and an investment
registration authority issues a investment registration certificate in accordance
with the Law on Investment, Clause 1 of this Article shall not apply.
Where
necessary, the authority competent to decide investment policies and the
investment registration authority may consult with an agency that is conversant
with the technology of the used equipment before deciding the investment
policies or issuing the investment registration certificate.
3. Used
parts and components may only be imported when the manufacturing enterprise
needs to replace or repair its operating equipment. The manufacturing
enterprise may import itself or authorize another enterprise to do so.
4. Where
necessary, depending on their fields, Ministers and Heads of ministerial
agencies may lower the age limit of used equipment (below 10 years) and notify
the Ministry of Science and Technology.
Chapter III
DOCUMENTATION AND PROCEDURES FOR IMPORTING
AND INSPECTING USED EQUIPMENT
Article 7. Import documents of used equipment
Import
documents: Apart from the import documents prescribed by the Law on Customs,
the importer must submit a set of additional documents, including:
1. For
used equipment of a investment project prescribed in Clause 2 Article 6 of this
Circular:
- 01
certified true copy of the decision on investment policies or investment
registration certificate enclosed with 01 original copy of the list of used
equipment to be imported.
2. Other
cases of importing used equipment (including any project approved under a
decision on investment policies or investment registration certificate without
a list of used equipment to be imported): one of the following technical
documents showing the year of production and manufacturing standards applied to
the used equipment:
a) 01
original copy of manufacturer’s certification that the year of production and
manufacturing standards applied to the used equipment are conformable with
Clause 1 Article 6 of this Circular;
b) 01
original copy of the inspection certificate issued by an inspecting body
prescribed in Clause 2 Article 10 of this Circular that the year of production
and manufacturing standards applied to the used equipment are conformable with
Clause 1 Article 6 of this Circular.
Article 8. Procedures for importing used equipment
1. In
consideration of documents submitted by the enterprise, the customs authority
shall determine whether the used equipment satisfies import requirements as
prescribed in Article 6 of this Circular, and complete customs clearance
procedures as prescribed.
2.
Putting goods into storage:
a) In
case of import of used equipment without sufficient documents prescribed in
Article 7 of this Circular at the time of import, the enterprise may put it
into storage after the following documents are submitted to the customs
authority:
- 01
original copy of the application for inspection bearing the certification by
the inspecting body as prescribed in Clause 2 Article 10 of this Circular;
- 01
original copy of the written request for permission to put goods into storage
(form No. 09/BQHH/GSQL in Appendix V of Circular No. 38/2015/TT-BTC.
b) Within
30 working days from the day on which goods are put into storage, the
enterprise must submit the inspection certificate and required documents to the
customs authority. The customs authority only initiate customs clearance
procedures if the used equipment satisfies requirements in Article 6, Article 7
of this Circular.
If the
inspection result is not satisfactory according to Clause 1 and Clause 4
Article 6 of this Circular, the competent authority shall handle the case in
accordance with Article 14 of this Circular.
Used
equipment put into storage may only be used or assembled after customs
clearance procedures are completed.
c) Used
equipment of a investment project defined in Clause 2 Article 6 of this
Circular may only be used for the project after it is approved or registered,
must not be transferred to another project or another enterprise, unless the
original enterprise is bankrupt, dissolved, or shut down.
Article 9. Documentation and procedures for importing used
parts and/or components
1. Import
documents: Apart from the import documents prescribed by the Law on Customs,
the importer must submit a set of additional documents, including:
a) 01
original copy of the enterprise’s description of the necessity of the import of
such parts and/or components for repair and/or replacement with regard to used
equipment being operated at the enterprise, and a commitment to import with
appropriate quantity and categories that need replacing, and to use only for
intended purposes.
b) In
case the enterprise imports under an authorization, an original copy of the
authorization letter must be added to the set of documents;
c) 01
copy of technical documents of the parts and/or components (if any).
2. The
customs authority shall initiate customs clearance procedures when the
documents satisfy requirements in Clause 3 Article 6 and Clause 1 of this
Article.
Article 10. Inspecting used equipment
1. Apart
from basic information of a certificate, the conclusion part of the inspection
certificate mentioned in Article 6 of this Circular must specify:
a) Year
of production, name, brand, number, model, name of manufacturer of the used
equipment;
b)
Conclusion about conformity of standards applied to the used equipment with
National Technical Regulations or Vietnam’s Standards or standards of G7
countries about safety, energy saving, and environmental protection.
2.
Inspecting bodies:
a)
Inspecting bodies that issue inspection certificates mentioned in Clause 1 of
this Article include:
-
Vietnamese inspecting bodies that are registered under the Law on Commerce and
licensed to inspect machinery and equipment
- Foreign
inspecting bodies that are registered under regulations of law of their home
countries and licensed to inspect machinery and equipment.
b) The
inspecting body must send information to the Ministry of Science and Technology
for consolidation and publishing on its web portal. Information includes: The
organization’s name, address, phone number, fax number, website, a copy of the
Certificate of Business registration under the Law on Commerce (with regard to
Vietnamese inspecting bodies), a copy of the inspection license issued by a
competent authority of the country in which the inspecting body registered
enclosed with the consularly legalized Vietnamese translation (with regard to
foreign inspecting bodies); a photocopy of the application for inspection; a
photocopy of the certificate of inspection.
3.
Effective duration of an inspection certificate:
If the
inspection is carried out before the goods arrive at a Vietnam’s port, the
inspection certificate is valid if it has been granted within 06 months before
such arrival.
Chapter IV
IMPLEMENTATION
Article 11. Responsibility of the Ministry of Science and
Technology
1. Take
charge and cooperate with other Ministries, ministerial agencies in managing
the import of used equipment set out in this Circular and relevant documents.
2.
Periodically publish the list of used equipment discarded/banned by countries
because of their obsolescence, low quality, or causing environmental pollution
on the web portal of the Ministry of Science and Technology.
3. Take
charge and cooperate with other Ministries, ministerial agencies, the People’s
Committees of provinces in inspecting the observance of regulations of law on
safety, economical and effective use of energy, environmental protection with
regard to used equipment imported by enterprises when they are put into
operation, and impose penalties for violations in accordance with applicable
regulations of law.
4.
Cooperate with the General Department of Customs in periodically producing
statistics about import of used machinery, equipment and technological lines
(importers’ names, addresses, fields, countries of origins, import value);
cases of violations in which goods must be re-exported and penalties are
imposed, and reporting to the Prime Minister.
5.
Compile and publish the list of Vietnamese and foreign inspecting bodies that
satisfy requirements in Clause 2 Article 10 of this Circular (their names,
addresses, websites, phone numbers, fax numbers, forms of the application for
inspection, and inspection certificate) on the web portal of the Ministry of
Science and Technology.
6. The
Ministry of Science and Technology shall assign Technology Inspection, Review,
and Evaluation Authority to take charge of the implementation of this Circular.
Article 12. Responsibility of enterprises
1. Import
used equipment in accordance with this Circular and relevant legislative
documents.
2. Only
sell it after customs clearance procedures are completed as prescribed in
Article 8 of this Circular if it is imported for commercial purpose (not to be
used by the importers).
3. Enable
competent authorities in charge of safety, energy saving, and environmental
protection to carry out inspection after customs clearance is granted, during
the process of assembly and operation to serve manufacturing or business, and
incur penalties if violating this Circular and relevant legislative documents.
Article 13. Exceptions
Where an
enterprise has to import a piece of equipment whose age exceeds 10 years to
sustain its manufacturing or business operation, the Ministry of Science and
Technology shall cooperate with other ministries and agencies in considering
the case based on the enterprise’s proposal and documents.
Article 14. Actions against violations
1. If the
inspection shows that the used equipment does not satisfy requirements in
Clause 1 Article 6 of this Circular after it arrives at the port or border
checkpoint, the enterprise shall incur penalties as prescribed by applicable
law. During the inspection process, the competent authority shall decide
whether to allow re-inspection at the enterprise’s request.
2. With
regard to used equipment that has been granted customs clearance, assembled,
and put into operation, if safety, energy saving, environmental protection
requirements are not complied with during the operation of the equipment, the
enterprise shall incur penalties as prescribed by applicable law.
Article 15. Transitional clauses
Sale
contracts concluded before the effective date of this Circular, imported used
equipment that has been loaded onboard the means of transport before the
effective date of this Circular are not regulated by this Circular.
Article 16. Effect
1. This
Circular comes into force from July 01, 2016.
2. The
following documents are annulled from the effective date of this Circular:
Circular No. 20/2014/TT-BKHCN dated July 15, 2014 of the Minister of Science
and Technology on import of used machinery, equipment and technological lines;
Notice No. 2527/TB-BKHCN dated September 06, 2012 of the Ministry of Science
and Technology on suspension of import of used machinery, equipment and
technological lines.
3. Where
the legislative documents referred to in this Circular are amended or replaced,
the new ones shall apply.
4.
Difficulties that arise during the implementation of this Circular should be
reported to the Ministry of Science and Technology for consideration./.