Circular 30/2025/TT-BKHCN criteria for import of used equipment for semiconductor chip product testing

CIRCULAR

Promulgating the criteria for used technological lines, equipment, machinery and tools that are allowed to be imported to directly serve projects for manufacturing, packaging and testing of semiconductor chip products; and training, research and development of digital technology products and services

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Pursuant to the Law No. 71/2025/QH15 on the Digital Technology Industry;

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

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

The Minister of Science and Technology promulgates the criteria for used technological lines, equipment, machinery and tools that are allowed to be imported to directly serve projects for manufacturing, packaging and testing of semiconductor chip products; and training, research and development of digital technology products and services.

Article 1. Scope of regulation

This Circular details a number of articles of the Law on the Digital Technology Industry regarding the criteria for used technological lines, equipment, machinery and tools that are allowed to be imported, including:

1. The criteria for used technological lines, equipment, machinery and tools that are allowed to be imported to serve the training, research, and development of digital technology products and services defined in Clause 4 Article 21 of the Law on the Digital Technology Industry;

2. The criteria for used technological lines, equipment, machinery and tools that are allowed to be imported to directly serve projects for manufacturing, packaging and testing of semiconductor chip products defined at Point b Clause 4 Article 39 of the Law on the Digital Technology Industry.

Article 2. Subject of application

Organizations and enterprises engaged in and related to the import of used technological lines, equipment, machinery and tools serving the training, research, and development of digital technology products and services; directly serving projects for manufacturing, packaging and testing of semiconductor chip products.

Article 3. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. Technological line means a system of equipment, machinery, tools, means that are arranged, installed, and interconnected at a specific location according to a designed technological diagram and process, ensuring synchronous operation for production.

2. Equipment, machinery or tool means a complete structure, consisting of interconnected details, assemblies, parts that operate and move according to the designed purpose of use.

Article 4. Criteria for used technological lines that are allowed to be imported

A used technological line is allowed to be imported when meeting the following criteria:

1. It is not included in the List of used technological lines that are outdated, of poor quality, and cause environmental pollution announced by the exporting country.

2. The technology of the technological line is not in the List of technologies prohibited from transfer or restricted from transfer in accordance with the law on technology transfer.

3. It is manufactured according to standards:

a) It is manufactured according to standards complying with the regulations of the national technical regulations (QCVN) on safety, energy efficiency, and environmental protection;

b) In case there are no relevant national technical regulations (QCVN) for the imported technological line, the technological line must be manufactured according to standards that comply with the technical specifications of Vietnam's national standards (TCVN) or the national standards of one of the G7 countries or South Korea regarding safety, energy efficiency, and environmental protection.

4. The capacity (calculated by the number of products manufactured by the technological line per unit of time) or the remaining efficiency must be at least 85% compared to the designed capacity or efficiency.

5. The consumption rate of raw materials, supplies, and energy does not exceed 15% compared to the design rate.

6. For cases where the technological lines are imported to serve the training, research, and development of digital technology products and services as defined in Clause 4 Article 21 of the Law on the Digital Technology Industry, the criteria defined in Clauses 4 and 5 of this Article are not required to be applied.

Article 5. Criteria for used equipment, machinery and tools that are allowed to be imported

An equipment, machinery or tool is allowed to be imported when meeting the following criteria:

1. It is not included in the List of used equipment, machinery and tools that are outdated, of poor quality, and cause environmental pollution announced by the exporting country.

2. The technology of the equipment, machinery or tool is not in the List of technologies prohibited from transfer or restricted from transfer in accordance with the law on technology transfer.

3. It is manufactured according to standards:

a) It is manufactured according to standards complying with the regulations of the National technical regulations (QCVN) on safety, energy efficiency, and environmental protection;

b) In case there are no relevant national technical regulations (QCVN) for the imported equipment, machinery or tool, the equipment, machinery or tool must be manufactured according to standards that comply with the technical specifications of Vietnam's national standards (TCVN) or the national standards of one of the G7 countries or South Korea regarding safety, energy efficiency, and environmental protection.

4. The age of the equipment (in years, determined from the year of manufacture to the year of import of the used equipment, machinery or tool) must not exceed 20 years. The year of import is the year the goods arrive at a Vietnam’s border gate.

5. For cases where the equipment, machinery and tools are imported to serve the training, research, and development of digital technology products and services as defined in Clause 4 Article 21 of the Law on the Digital Technology Industry, the criteria defined in Clause 4 of this Article are not required to be applied.

Article 6. Organization of implementation

1. This Circular takes effect on January 01, 2026.

2. Importing organizations and enterprises shall:

a) Commit in writing that the used technological lines, machinery, equipment, and tools meet the criteria defined in Articles 4 and 5 of this Circular; are used strictly for the purposes within the scope specified in Article 1 of this Circular and are not to be used for other purposes;

b) Provide fully documents to the customs agencies to serve import activities according to regulations;

c) Be responsible before the law for their commitments regarding the accuracy of the information and documents provided; In case of violating their commitments, the organizations or enterprises shall be responsible for re-exporting the entire used technological lines, equipment, machinery and tools imported out of the territory of Vietnam and shall be subject to penalties in accordance with the law.

3. The Chief of the Office, the General Director of the Authority of Information Technology Industry, the heads of agencies and individuals specified in Article 2 shall be responsible for implementing the guidance in this Circular.

4. In the course of implementation, any difficulty or issue arising should be reported to the Ministry of Science and Technology (the General Director of the Authority of Information Technology Industry) for research, consideration for guidance, or amendment and supplementation as defined./.