Circular 26/2025/TT-BKHCN import and processing of used IT products prohibited from import

CIRCULAR

Prescribing the import of goods on the List of used information technology products prohibited from import, and the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad

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THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 55/2025/ND-CP, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 69/2018/ND-CP, detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to Decree No. 146/2025/ND-CP, on the delegation of powers and decentralization in the fields of industry and commerce;

At the proposal of the Director of the Authority of Information Technology Industry;  

The Minister of Science and Technology promulgates the Circular prescribing the import of goods on the List of used information technology products prohibited from import, and the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

a/ The import of goods on the List of used information technology products prohibited from import under Clause 1, Article 28 and Clause 1, Article 31 of Decree No. 146/2025/ND-CP;

b/ The processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad under Clause 3, Article 28 and Clause 4, Article 31 of Decree No. 146/2025/ND-CP.

2. Subjects of application:

a/ Traders engaged in the import of goods on the List of used information technology products prohibited from import.

b/ Traders engaged in the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad.

c/ State management agencies and related organizations and individuals.

Article 2. Interpretation of terms

1. Goods on the List of used information technology products prohibited from import means information technology products that have been commercialized and put into use, which are not sample products currently under research and development to be finalized into finished products.

2. Scientific research activities specified in this Circular include one of the following activities: research, analysis, design, inspection, testing and improvement so as to develop products or create new methods, solutions or technical means of higher value.

3. Processing of goods on the List of used information technology products prohibited from import includes one or more than one stage of the production process carried out at the request of the ordering party, such as component replacement, assembly, repair, restoration, functional upgrade, and refurbishment of a product so that the product has features and appearance equivalent to the new one of the same type.

4. Special-use information technology products means information technology products designed and used to perform special tasks in specialized production sectors or used in laboratories or testing facilities, which are not ordinary consumer products or goods.

5. Refurbishment means the repair or component replacement, and other activities performed on used information technology products to restore their function, quality and appearance to a level equivalent to that of the same products when they were new.

6. Refurbished information technology products means used information technology products that have been repaired, had components replaced and undergone other activities to restore their functions, quality and appearance to a level equivalent to that of the same products when they were new. Refurbished information technology products must meet standards and technical regulations on product quality and warranty applicable to such products when they were new, and must bear goods labels clearly indicating that they are refurbished products in accordance with the law on goods labeling and other relevant laws.

Article 3. Cases in which the import of goods on the List of used information technology products prohibited from import is permitted

1. For special-purpose use, including:

a/ Internally relocating a production means;

b/ Using the imported goods as equipment for controlling, operating, exploiting, or examining the operation of a part or the whole of a system or production line;

c/ Serving software production, information technology-enabled business process outsourcing, or data processing for foreign partners;

d/ Being special-use information technology products;

dd/ Re-importing information technology products whose warranty period has expired after being sent abroad for repair;

e/ Being products or components that have been refurbished for replacement or repair for domestic consumption and are no longer manufactured.

2. For scientific research purpose.

3. For carrying out the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad.

Article 4. Order and procedures for permitting the import of goods on the List of used information technology products prohibited from import

1. A trader shall hand-deliver, or send by post or submit 1 (one) set of the dossier specified in Clauses 2 and 3 of this Article via the National Public Service Portal or to the Ministry of Science and Technology’s Information System for Settlement of Administrative Procedures.

2. The order and procedures for permitting the import of goods on the List of used information technology products prohibited from import are specified in Section 1, Appendix X to Decree No. 146/2025/ND-CP.

3. The dossier of request for import of goods on the List of used information technology products prohibited from import must comprise:

a/ A written request for the import of goods on the List of used information technology products prohibited from import, made according to Form No. 1 provided in the Appendix to this Circular.

b/ An explanatory document of the use plan and management procedures of the imported goods during its use in Vietnam; and the plan on handling of the imported goods after use in Vietnam.

c/ A report on the implementation of the previously granted license (if any), made according to Form No. 2 provided in the Appendix to this Circular.

4. For cases in which the import of goods on the List of used information technology products prohibited from import is permitted for the special-purpose use as specified in Clause 1, Article 3 of this Circular, the explanatory document specified at Point b, Clause 3 of this Article must have the following contents:

a/ In case of intra-movement of a production means: Stating the relationship between the trader and the foreign organization; and that the imported goods only directly serves the importer’s production activities.

b/ In case the imported goods is used as equipment for controlling, operating, exploiting, or examining the operation of a part or the whole system or production line: Stating that it is equipment or the component of the system or production line; and that the imported goods only directly serves the importer’s production activities.

c/ In case the imported goods is to serve software production, information technology-enabled business process outsourcing, or data processing for the foreign partner: Stating the time limit and plan for handling (destruction or re-export) the imported goods after the production or service provision activities end.

d/ In case the imported goods is a special-use information technology product: Stating information on the shelf life of the goods, which must not exceed 3 (three) years from the date of manufacture to the date of opening the import declaration; the description and explanation of special-use properties of the imported goods; and proof that the goods is effectively used for the actual production process.

dd/ In case of re-importing information technology products whose warranty period has expired after being sent abroad for repair: Stating information on the goods and the dossier of export for repair abroad.

e/ In case an imported goods is a product or component that have been refurbished for replacement or repair for domestic consumption and are no longer manufactured: Stating information on the imported goods that have been refurbished and is no longer manufactured; the procedures and stages of the warranty, maintenance, replacement and repair service system for a domestic customer; the purpose of replacement for the defective or damaged product or component of the domestic customer without transfer or resale; and the recall after replacement for the customer for re-export or destruction in accordance with law.

Article 5. Order and procedures for permitting the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad

1. A trader shall hand-deliver, or send by post or submit 1 (one) set of the dossier specified in Clauses 2 and 3 of this Article via the National Public Service Portal or the Ministry of Science and Technology’s Information System for Settlement of Administrative Procedures.

2. The order and procedures for permitting the processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad are specified in Section 3, Appendix X to Decree No. 146/2025/ND-CP.

3. A written request for processing of goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad shall be made according to Form No. 3 provided in the Appendix to this Circular.

Article 6. Transitional provisions

Traders that have been permitted to import goods on the List of used information technology products prohibited from import or permitted to process goods on the List of used information technology products prohibited from import for foreign traders for consumption abroad before the effective date of this Circular shall continue to comply with the contents and validity period in the permitting documents.

Article 7. Implementation provisions

1. This Circular takes effect on October 31, 2025.

2. Traders importing goods on the List of used information technology products prohibited from import must commit to, and be held responsible for, the accuracy of the information in the dossier of request for import; and must use the goods only for the imported purposes.

3. The Chief of the Office, Director of the Authority of Information Technology Industry, and heads of agencies and units under the Ministry of Science and Technology and related organizations and individuals shall implement this Circular.

4. Any problem arising in the course of implementation of this Circular should be reported to the Ministry of Science and Technology (the Authority of Information Technology Industry) for guidance or consideration and settlement.-

Minister of Science and Technology

NGUYEN MANH HUNG

* The Appendix to this Circular is not translated.