THE MINISTRY OF INFORMATION AND COMMUNICATIONS
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, July 17, 2012
PROMULGATING A LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international purchase and sale of goods and purchase and sale agency, processing and transit of goods involving foreign parties;
Pursuant to the Government's Decree No. 71/2007/ND-CP of May 3, 2007, detailing and guiding a number of articles of the Law on Information Technology regarding information technology industry;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of
Information and Communications; the Government’s Decree No. 50/2011/ND-CP, of June 24, 2011, supplementing and amending a number of articles of the Decree No. 187/2007/ND-CP;
At the proposal of the director of the Information Technology Department;
The Minister of Information and Communications promulgates the Circular providing a list of used information technology products banned from import,
Article 1. Scope of regulation and subjects of application
1. Scope of regulation
a) Promulgating together with this Circular a list of used information technology products banned from import in the Annex 01 (below referred to as the import-banned product list)
b) Principles of application of the import-banned product list.
2. Subjects of application
This Circular applies to agencies, organizations and individuals conducting activities relating to import goods in the import-banned product list in Vietnam.
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Service of repair, renew, remanufacture of information technology products means one or a number of the following activities: the replacement of components, assembly, repair, restoration or functional upgrading, renew of used information technology machinery and equipment of all kinds;
2. Renewed, embellished or remanufactured information technology product means a product which has been repaired, had its parts replaced or its functions and appearance restored equivalent to brand-new appliances of the same type;
PROVISION APPLYING TO THE IMPORT-BANNED PRODUCT LIST
Article 3. Provisions applying the import-banned product list
1. The list is formulated based on the list of goods and H.S code in the export and import tariff.
The list bans from import only goods with 8-digit H.S code. The 4- and 6- digit in the list are only intended to clarify information on categories of commodities under 8-digit HS code banned from import.
2. Used parts, spare parts, part assemblies and accessories of products on the list are also banned from import.
3. This list may be supplemented and modified to suit the practical development of information technology and other provisions of law.
4. Renewed, embellished or remanufactured product must have a sign or label in Vietnamse (tân trang, tái sản xuất, làm mới, tái sử dụng) or in English (refurbished, remanufactured, renew, recycled, reused) on its package;
5. Case of import as prescribed in clause 1, Article 4 of this Circular, the following provisions must be complied:
a) Whole product after course of repair, renew or remanufacture must re-export. Scrap, waste arising in production course must be handled as prescribed by law on environment or re-export together with product;
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