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THE
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
2019/1997/QD-BKHCNMT
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Hanoi,
December 01, 1997
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DECISION
PROMULGATING
THE REGULATION ON GENERAL TECHNICAL REQUIREMENTS FOR THE IMPORT OF USED
EQUIPMENT
THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
Pursuant to Decree No.22-CP
of May 22, 1993 of the Government on the tasks, powers and organizational
structure of the Ministry of Science, Technology and Environment;
At the proposal of the Head of the Department for the Management of
Technologies,
DECIDES:
Article 1.- To promulgate
together with this Decision the "Regulation on general technical
requirements for the import of used equipment".
Article 2.- This Decision
shall not apply to equipment and means which are subject to separate
stipulations of the Government.
Article 3.- This Decision
shall replace Decision No.1762/QD-PTCN of October 17, 1995 and Decision
No.2183/QD-PTCN of December 16, 1995 of the Minister of Science, Technology and
Environment.
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THE
MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
Chu Tuan Nha
REGULATION
ON
GENERAL TECHNICAL REQUIREMENTS FOR THE IMPORT OF USED EQUIPMENT
(Issued
together with Decision No.2019/1997/QD-BKHCNMT of December 1st, 1997 of the Minister
of Science, Technology and Environment)
1. All organizations and
individuals engaged in production, business and service activities on the
Vietnamese territory, when importing used equipment, shall have to comply with
this Regulation.
2. Subject to this Regulation
are machines (single units or in complete lines) for the manufacture of
production means and goods; transport means, loading and unloading means,
vehicles and machines in service of the construction of projects and other
specialized equipment, which have been used.
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3. Project owners shall decide
and take responsibility for economic-technical efficiency and all consequences
of the import of used equipment.
The import of used equipment
must be carried out through goods import contracts under the stipulations of
the Ministry of Trade and with the approval of the involved ministry, branch or
People's Committee of the province or city directly under the Central
Government.
4. Basing itself on the State's
policies and orientations for economic, scientific, technological development
and environmental protection, the Ministry of Science, Technology and
Environment shall consult other ministries and branches to periodically
promulgate the list of used equipment to be banned from import. For the
immediate future, the list made in the appendix attached to this Regulation
shall apply.
5. The used equipment to be
imported must meet the following general technical requirements:
5.1. Their remaining quality
must represent 80% or more of the original one,
5.2. Their present fuel and
energy consumption level must not exceed 10% of the original level;
5.3. They must ensure labor
safety and hygiene and must not pollute the environment.
6. The above-said general
technical requirements must be explained by organizations and individuals
importing used equipment in their applications for the import permits.
The certification of the used
equipment's quality conformity with the general technical requirements as
mentioned in Item 5 above shall be made by a foreign or Vietnamese expertizing organization
with full legal person status. Such expertizing organization shall take
responsibility before Vietnamese agencies for any untruthful expertise results.
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7. In case of necessity, for
equipment with specialized peculiarities, the ministries and branches may issue
more detailed guidances, after consulting the Ministry of Science, Technology
and Environment.
8. For exceptional cases, the
Ministry of Science, Technology and Environment, basing itself on the written
proposals of the ministries, branches or People's Committees of provinces and
cities directly under the Central Government, shall consider and make separate
decisions.
9. When importing used
equipment, apart from filling the prescribed import procedures and customs
procedures, the importing organizations and individuals shall have to submit
certificates of goods expertise granted by the expertizing organization
mentioned in Item 6 of this Regulation and documents certifying the legal
person status of such expertizing organization, issued by the functional agency
of its native country, allowing it to practice technical expertise (copies of
such documents must be notarized).
10. The Ministry of Science,
Technology and Environment shall conduct by itself or in coordination with the
ministries, branches, People's Committees of the provinces and cities directly
under the Central Government, the State examination and inspection of the
observance of this Regulation.
The inspection shall be
conducted after the installation and operation of the used equipment in one of
the following forms:
- Compulsory inspection with
regard to big equipment, lines and enterprises with the total value of a goods
purchase contract being 1 million USD or more;
- Inspection when there are
signs of violations;
- Probability inspection
according to the management requirements.
11. The import of used equipment
that breaches the provisions of this document shall, depending on the
seriousness of the violation, be dealt with in one of the three following
forms:
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- Suspension of operations;
- Requirement for upgrading.
For serious violations, the organizations
and/or individuals importing used equipment shall be handled in accordance with
the current provisions of law.
Organizations and individuals
importing used equipment shall have to implement the above-said handling
decisions.
APPENDIX I
LIST
OF USED EQUIPMENT TO BE BANNED FROM IMPORT
(Issued
together with Decision No.2019/1997/QD-BKHCNMT of December 1st, 1997 of the
Minister of Science, Technology and Environment)
- Equipment used in oil and gas
industry, electricity industry, cement production lines, ore sorting and
metallurgy. Equipment used in the production of basic chemicals, fertilizers
and insecticides.
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- Equipment used in production
branches that require high preciseness, such as measuring equipment, equipment
used for experiments and inspection and on post and telecommunications
networks.
- Equipment requiring high level
of safety, such as boilers, elevators, nuclear reaction controllers, and equipment
for safety system inspection and control.
- Equipment affecting a large
area, such as waste treatment equipment, sluice gates, production line
equipment used in phases where accidents may occur, causing serious pollution
to the environment.-