Circular 56/2026/TT-BKHCN import of used machinery, equipment and technological lines

CIRCULAR

Providing for the import of used machinery, equipment and technological lines

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14;

Pursuant to the Government’s Decree No. 225/2026/ND-CP dated June 24, 2026, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 292/2026/ND-CP dated July 22, 2026, detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 37/2026/ND-CP dated January 23, 2026, detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Product and Goods Quality;

At the proposal of the Director-General of the Department of Technology Assessment and Appraisal,

The Minister of Science and Technology promulgates the Circular providing for the import of used machinery, equipment and technological lines.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides criteria, dossiers, order and procedures for import and inspection activities applicable to used machinery, equipment and technological lines classified under commodity codes (HS codes) under Chapters 84 and 85 of the List of Vietnam’s exports and imports, which are imported for use in production activities in Vietnam and are not included in the lists of goods banned from import prescribed by the Government and the Prime Minister and specified by ministries and ministerial-level agencies in accordance with the Government’s Decree No. 292/2026/ND-CP dated July 22, 2026, detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Foreign Trade Management.

2. This Circular does not apply to used machinery, equipment and technological lines in the following cases:

a) Transit; transshipment of goods; goods sent from abroad into bonded warehouses;

b) Merchanting trade;

c) Temporary import for re-export business;

d) Other forms of temporary import for re-export specified in Article 16 and temporary export for re-import specified in Article 17 of the Government’s Decree No. 292/2026/ND-CP dated July 22, 2026, detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Foreign Trade Management (except temporary import for re-export for performance of processing contracts; and import for production or construction under investment projects);

dd) Performance of repair and maintenance service contracts with foreign traders;

e) Purchase and sale among enterprises located in export processing zones and enterprises located in non-tariff zones; sale of liquidated assets by enterprises located in export processing zones to the domestic market;

g) Receipt of transfers from foreign partners after the expiration of processing contracts or finance lease contracts; change of use purpose for domestic consumption after the expiration of the temporary import period for construction works or temporary import in the form of lease or borrowing for performance of processing contracts for foreign traders; transfer between enterprises performing processing contracts for foreign traders;

h) Use for scientific research and technological development where such machinery, equipment or technological lines cannot be domestically manufactured; use for security or national defense tasks at the request of line ministries;

i) Machinery and equipment on the List of high-risk products and goods promulgated by line ministries in accordance with the Law on Product and Goods Quality;

k) Machinery and equipment in specialized sectors for which ministries or ministerial-level agencies have promulgated legal documents for management.

Article 2. Subjects of application

1. Organizations and enterprises (hereinafter collectively referred to as enterprises) importing used machinery, equipment and technological lines.

2. Inspection organizations conducting inspection of used machinery, equipment and technological lines in accordance with this Circular.

3. State management agencies involved in the import of used machinery, equipment and technological lines specified in Article 1 of this Circular.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Machinery or equipment means a complete structure comprising interconnected parts, assemblies and components for operation and movement according to its designed use purpose.

2. Technological line means a system of machinery, equipment, tools and facilities arranged, installed and continuously connected at a specified location according to a designed diagram and technological process, ensuring synchronous operation for production.

3. Used machinery, equipment or technological line means machinery, equipment or a technological line, after being released by the manufacturer, has been assembled and put into operation.

4. Equipment age means the period (calculated in years) determined from the year of manufacture to the year of import of used machinery or equipment. The year of import is the year in which the goods arrive at a Vietnamese border checkpoint.

Article 4. Principles of management of the import of used machinery, equipment and technological lines

1. The import of used machinery, equipment and technological lines must comply with the law on import of goods.

2. The import of used machinery, equipment and technological lines that fail to meet statutory requirements on safety, energy efficiency and environmental protection as prescribed by law is not permitted.

3. Only used machinery, equipment and technological lines directly serving production activities of enterprises in Vietnam may be imported.

Chapter II

CRITERIA FOR IMPORT OF USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Article 5. Criteria for import of used technological lines

A used technological line may be imported when it satisfies the following criteria:

1. It is manufactured according to standards that:

a) Conform to national technical regulations (QCVN) on safety, energy efficiency and environmental protection;

b) Where no QCVN relevant to the imported technological line is available, the technological line must be manufactured according to standards conforming to the technical criteria of Vietnamese national standards (TCVN) or national standards of a G7 country or the Republic of Korea on safety, energy efficiency and environmental protection.

2. Its remaining capacity (calculated according to the number of products produced by the technological line per unit of time) or remaining efficiency must be at least 85% of its designed capacity or efficiency.

3. Its consumption of raw materials, materials and energy must not exceed the designed consumption by more than 15%.

4. The technology of the technological line is not on the List of technologies restricted from transfer or the List of technologies banned from transfer specified in the Government’s Decree No. 101/2026/ND-CP dated March 31, 2026, detailing a number of articles, and providing measures to guide the implementation, of the Law on Technology Transfer.

5. The technology of the technological line must currently be used by at least 03 production establishments in countries of the Organization for Economic Co-operation and Development (OECD).

Article 6. Criteria for import of used machinery and equipment

Used machinery and equipment may be imported when they satisfy the following criteria:

1. The equipment age does not exceed 10 years. For machinery and equipment in a number of specific sectors, the equipment age is specified in Appendix I to this Circular.

2. They are manufactured according to standards that:

a) Conform to QCVN on safety, energy efficiency and environmental protection;

b) Where no QCVN relevant to the imported machinery or equipment is available, the imported machinery or equipment must be manufactured in conformity with the technical criteria of TCVN or national standards of a G7 country or the Republic of Korea on safety, energy efficiency and environmental protection.

Chapter III

IMPORT OF USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Article 7. Import of used technological lines

1. In addition to the import dossier required by the Law on Customs, an enterprise shall submit the following additional documents:

a) A copy of the Enterprise Registration Certificate bearing the enterprise’s seal.

The competent authority receiving and processing import procedures shall proactively retrieve and use information available in databases made public by the database-managing agencies in substitution for the Enterprise Registration Certificate. If such information cannot be retrieved or is incomplete or inaccurate, the competent authority receiving and processing import procedures shall request the enterprise to additionally provide a copy of the Enterprise Registration Certificate bearing the enterprise’s seal. In case of entrusted import, a written import entrustment is required;

b) An inspection certificate issued by a designated inspection organization satisfying the requirements specified in Article 12 of this Circular. The contents of the inspection certificate shall be as specified at Points a, b, c, d and dd, Clause 1, Article 11 of this Circular.

2. The enterprise shall submit 01 set of the import dossier and the documents specified in Clause 1 of this Article to the customs authority where the customs declaration is registered.

The customs authority shall carry out customs clearance procedures only when the import dossier and the documents specified in Clause 1 of this Article are complete and valid and the inspection certificate concludes that the used technological line satisfies the import criteria specified in Article 5 of this Circular.

3. High-tech enterprises and strategic technology enterprises prescribed by the law on high technologies, or projects eligible for special investment incentives and support under the Law on Investment, may choose to import used technological lines under Article 7 or Article 8 of this Circular.

Article 8. Import of used technological lines according to simplified import procedures

1. In addition to the import dossier required by the Law on Customs, when carrying out import procedures for the first shipment of a technological line, an enterprise shall submit the following additional documents:

a) Information on the high-tech enterprise, strategic technology enterprise or project eligible for special investment incentives and support.

The competent authority receiving and processing import procedures shall proactively retrieve and use information available in databases made public by the database-managing agencies in substitution for the above documents. If such information cannot be retrieved or is incomplete or inaccurate, the competent authority receiving and processing import procedures shall request the enterprise to additionally provide a copy bearing the enterprise’s seal of one of the following documents: High-Tech Enterprise Certificate/written certification of high-tech enterprise status, written certification of strategic technology enterprise status issued by a competent authority, Investment Registration Certificate, decision approving the investment policy, or written agreement with a competent state agency stating that the project is eligible for special investment incentives and support;

b) A written undertaking of the enterprise, enclosed with the list of machinery and equipment of the used technological line expected to be imported, made according to Form No. 01 in Appendix II to this Circular;

c) A written registration for inspection of the technological line after it has been imported, completely installed and put into operation, certified by a designated inspection organization and enclosed with the list of machinery and equipment of the used technological line expected to be imported, made according to Form No. 02 in Appendix II to this Circular.

If the list of machinery and equipment of the used technological line expected to be imported changes, the enterprise shall send a written request for adjustment of the list of imported machinery and equipment, certified by the designated inspection organization, to the customs authority carrying out the import procedures.

2. Import process:

a) The enterprise may place the goods in storage for preservation in accordance with customs law after submitting the import dossier and the documents specified in Clause 1 of this Article to the customs authority. The enterprise may carry out import procedures for shipments of the used technological line at only one customs clearance location.

b) Within 12 months from the date on which the first shipment of the technological line is brought into preservation in accordance with customs law, the enterprise shall submit the inspection certificate to the customs authority. The customs authority shall carry out customs clearance procedures only when the import dossier and the documents specified in Clause 1 of this Article are complete and valid and the inspection certificate concludes that the used technological line satisfies the criteria specified in Article 5 of this Circular. During the period in which the goods are kept in storage for preservation in accordance with customs law, the enterprise may only install and operate the technological line for inspection and may not put the technological line into production.

Where a technological line is highly complex and requires an installation, operation and inspection period longer than the period stated in the undertaking, no later than 30 days before the deadline for submission of the inspection certificate, the enterprise shall send to the customs authority carrying out the import procedures a written request for extension of the period for submission of the inspection certificate, certified by the designated inspection organization and made according to Form No. 03 in Appendix II to this Circular. An extension may be granted only once, and the extended period for submission of the inspection certificate must not exceed 6 months beyond the deadline initially committed to by the enterprise.

If the inspection result shows that the technological line fails to satisfy the import criteria specified in Article 5 of this Circular, the enterprise shall be handled in accordance with the law on penalties for administrative violations in the customs sector and compelled to re-export the technological line.

c) Within 05 working days after completion of customs clearance procedures or refusal of customs clearance, the enterprise shall send a report on the import of the used technological line to the Ministry of Science and Technology and the provincial-level People’s Committee of the locality where the project is implemented, made according to Form No. 04 in Appendix II to this Circular.

Article 9. Import of used machinery and equipment

1. In addition to the import dossier required by the Law on Customs, an enterprise shall submit the following additional documents:

a) A copy of the Enterprise Registration Certificate bearing the enterprise’s seal.

The competent authority receiving and processing import procedures shall proactively retrieve and use information available in databases made public by the database-managing agencies in substitution for the Enterprise Registration Certificate. If such information cannot be retrieved or is incomplete or inaccurate, the competent authority receiving and processing import procedures shall request the enterprise to additionally provide a copy of the Enterprise Registration Certificate bearing the enterprise’s seal. In case of entrusted import, a written import entrustment is required;

b) The original of the machinery or equipment manufacturer’s certification, consularly legalized and enclosed with a Vietnamese translation, regarding the year of manufacture and manufacturing standards of the machinery or equipment satisfying the criteria specified in Article 6 of this Circular, if the machinery or equipment is manufactured in a G7 country or the Republic of Korea; or an inspection certificate issued by a designated inspection organization satisfying the requirements specified in Article 12 of this Circular if the machinery or equipment is manufactured in a G7 country or the Republic of Korea but the manufacturer’s certification is unavailable, or if the machinery or equipment is manufactured in a country other than a G7 country or the Republic of Korea. The contents of the inspection certificate shall be as specified at Points a, b, c, d and e, Clause 1, Article 11 of this Circular.

2. The enterprise shall submit 01 set of the import dossier and the documents specified in Clause 1 of this Article to the customs authority where the customs declaration is registered.

The customs authority shall carry out customs clearance procedures only when the import dossier and the documents specified in Clause 1 of this Article are complete and valid. Where an inspection certificate is required under Point b Clause 1 of this Article, the inspection certificate must conclude that the used machinery or equipment satisfies the import criteria specified in Article 6 of this Circular.

3. Placement of goods in storage for preservation:

a) In the case of import of used machinery or equipment, where, at the time of submission of the import dossier specified in Clause 1 of this Article, an enterprise does not have the manufacturer’s certification and is not yet able to provide the inspection certificate specified at Point b, Clause 1 of this Article, the enterprise may place the goods in storage for preservation in accordance with customs law after submitting to the customs authority a written registration for machinery and equipment inspection services certified by an inspection body designated under this Circular;

b) Within 30 days from the date on which the machinery or equipment is brought into preservation, the enterprise shall submit the inspection certificate to the customs authority. The customs authority shall carry out customs clearance procedures only when the import dossier and the documents specified in Clause 1 of this Article are complete and valid and the inspection certificate concludes that the used machinery or equipment satisfies the import criteria specified in Article 6 of this Circular.

If the inspection result shows that the machinery or equipment fails to satisfy the import criteria specified in Article 6 of this Circular, the competent authority shall impose penalties for administrative violations on the enterprise in accordance with law.

Article 10. Import of used machinery and equipment in other cases

1. Where an enterprise conducting production in Vietnam to maintain production activities needs to import used machinery or equipment whose equipment age exceeds that prescribed in Clause 1 Article 6 of this Circular, but the remaining capacity (calculated according to the number of products produced by the machinery or equipment per unit of time) or remaining efficiency of the machinery or equipment is at least 85% of its designed capacity or efficiency and its consumption of raw materials, materials and energy does not exceed the designed consumption by more than 15%, the enterprise shall submit 01 set of the dossier of request for permission for import, directly, by post or through the Online Public Service Portal, to the Ministry of Science and Technology for consideration and processing.

2. A dossier of request comprises:

a) A written request for permission to import used machinery or equipment, made according to Form No. 05 in Appendix II to this Circular, explaining the necessity of importing the machinery or equipment to maintain production and business activities, the use plan, and the necessity of the machinery or equipment expected to be imported for the technological line;

b) A copy of the Enterprise Registration Certificate bearing the enterprise’s seal.

The competent authority receiving and processing administrative procedures shall proactively retrieve and use information available in databases made public by the database-managing agencies in substitution for the Enterprise Registration Certificate. If such information cannot be retrieved or is incomplete or inaccurate, the competent authority receiving and processing administrative procedures shall request the enterprise to additionally provide a copy of the Enterprise Registration Certificate bearing the enterprise’s seal;

c) An inspection certificate issued by an inspection organization designated in accordance with Article 12 of this Circular. The contents of the inspection certificate shall be as specified at Points a, b, c, d and g, Clause 1, Article 11 of this Circular.

3. Order and procedures for dossier consideration:

a) Within 02 working days from the date of receipt of a dossier, the Ministry of Science and Technology shall return the dossier to the enterprise or issue a written request for modification and supplementation of the dossier if the dossier is incomplete or invalid.

b) Within 02 working days from the date of receipt of a complete and valid dossier, the Ministry of Science and Technology shall send a written request, enclosed with a copy of the dossier, to relevant ministries and ministerial-level agencies for their opinions. Where necessary, the Ministry of Science and Technology shall seek opinions of experts on the used machinery or equipment for which import is requested;

c) Within 05 working days from the date of receipt of the Ministry of Science and Technology’s written request, ministries, ministerial-level agencies and experts shall provide opinions on the import of machinery and equipment in specialized sectors under their management and on the enterprise’s request for import used machinery or equipment;

d) Within 03 working days from the date of receipt of opinions of ministries, ministerial-level agencies and experts, the Ministry of Science and Technology shall issue a written reply to the enterprise. If the request for import of the machinery or equipment is not approved, the reasons must be clearly stated.

4. Import process:

In addition to the import dossier required by the Law on Customs, the enterprise shall submit the Ministry of Science and Technology’s written approval for import of the used machinery or equipment specified at Point d Clause 3 of this Article.

Chapter IV

INSPECTION ACTIVITIES OF USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Article 11. Inspection certificates for used machinery, equipment and technological lines

1. An inspection certificate for used machinery, equipment or a technological line specified in this Circular must contain the following contents:

a) Name, year of manufacture, brand, serial number, model, country of manufacture, and name of manufacturer of the used machinery or equipment;

b) Time and place of inspection;

c) Operating status of the machinery, equipment or technological line upon inspection (operating or not operating);

d) Name and number of the inspection method and inspection process; number and title of the QCVN, TCVN, or national standard of a G7 country or the Republic of Korea on safety, energy efficiency and environmental protection (if any) used to assess conformity of the technological line under Clause 1 Article 5 or conformity of the machinery or equipment under Clause 2 Article 6 of this Circular;

Where no QCVN, TCVN, or national standard of a G7 country or the Republic of Korea on safety, energy efficiency or environmental protection relevant to the used machinery, equipment or technological line is available, this must be clearly stated in the inspection certificate.

dd) For a used technological line: comments and assessment of the inspection results against each criterion specified in Clauses 1, 2, 3, 4 and 5 Article 5 of this Circular, and a conclusion as to whether the used technological line satisfies the criteria specified in Article 5 of this Circular. For the criterion specified in Clause 5 Article 5, the names of countries, names and contact addresses of production establishments using the technology, websites (if any), and capacities must be listed;

e) For used machinery and equipment: comments and assessment of the inspection results against each criterion specified in Clauses 1 and 2 Article 6 of this Circular, and a conclusion as to whether the used machinery and equipment satisfy the criteria specified in Article 6 of this Circular;

g) For machinery and equipment in the case specified in Article 10 of this Circular, comments and assessment must be provided regarding:

- Technical specifications of the machinery or equipment;

- Operating condition of the machinery or equipment;

- Maintenance and servicing condition of the machinery or equipment;

- Satisfaction of the criterion specified in Clause 2 Article 6 of this Circular;

- Degree of satisfaction of standards on safety, energy efficiency and environmental protection;

- Remaining capacity (calculated according to the number of products produced by the machinery or equipment per unit of time) or remaining efficiency of the machinery or equipment compared with its design;

- Consumption levels of raw materials, materials and energy of the machinery or equipment compared with its design;

- Remaining service life of the machinery or equipment;

- Color images of the machinery or equipment, including an overall external image, images of the main structural assemblies of the machinery or equipment, and images of information and labels affixed to the machinery or equipment showing technical specifications.

2. Validity of inspection certificates:

a) For inspection of a used technological line, no more than 18 months from the date of issuance of the certificate to the date on which the technological line arrives at a Vietnamese border checkpoint.

For inspection of a used technological line specified in Article 8 of this Circular, no more than 03 months from the date of issuance of the certificate.

b) For inspection of used machinery and equipment, no more than 06 months from the date of issuance of the certificate to the date on which the machinery or equipment arrives at a Vietnamese border checkpoint.

3. Inspection of a used technological line against the criteria specified in Article 5 of this Circular must be conducted in the exporting country while the technological line is operating, except in the case specified in Article 8 of this Circular.

4. In the case specified in Article 8 of this Circular, inspection of a used technological line shall be conducted at the enterprise’s production location or project implementation location after the imported used technological line has been completely installed and put into operation, while the technological line is operating.

Article 12. Dossiers, order and procedures for designation of inspection organizations for used machinery, equipment and technological lines

1. The Ministry of Science and Technology shall assume the prime responsibility for organizing the designation of inspection organizations for used machinery, equipment and technological lines and publicly announce the list of designated inspection organizations on the Ministry of Science and Technology’s Portal for enterprises to know and select for use.

2. Requirements for inspection organizations

a) For domestic inspection organizations:

They have been granted a Certificate of registration of inspection activities in accordance with law, covering inspection of machinery, equipment and technological lines.

b) For foreign inspection organizations:

They comply with the law of the host country on inspection activities and have been accredited by an accreditation organization that is a signatory member to a mutual recognition arrangement on conformity assessment results of regional or international accreditation organizations for inspection of machinery, equipment and technological lines.

3. Dossiers of application for designation

a) In case of first-time designation or re-designation upon expiration of the decision on designation:

a1) A dossier of application for designation of a domestic inspection organization comprises:

- An application for designation to conduct inspection of used machinery, equipment and technological lines, made according to Form No. 06 in Appendix II to this Circular;

- A copy of the Certificate of registration of inspection activities;

- A copy of the accreditation certificate issued by an accreditation organization for the corresponding scope for which designation is sought;

- A list of inspection experts made according to Form No. 07 in Appendix II to this Circular, enclosed with copies of their diplomas and certificates of professional training;

- A list of technical documents, standards, inspection procedures and methods made according to Form No. 08 in Appendix II to this Circular, enclosed with copies of the inspection procedures and methods for which designation is sought.

a2) A dossier of application for designation of a foreign inspection organization comprises:

- An application for designation to conduct inspection of used machinery, equipment and technological lines, made according to Form No. 06 in Appendix II to this Circular;

- A copy of the document permitting inspection activities issued by a competent authority of the foreign country where the inspection organization registers its operations, enclosed with a consularly legalized Vietnamese translation;

- A copy of the accreditation certificate issued by an accreditation organization for the corresponding scope for which designation is sought;

- A list of inspection experts made according to Form No. 07 in Appendix II to this Circular, enclosed with copies of their diplomas and certificates of professional training;

- A list of technical documents, standards, inspection procedures and methods made according to Form No. 08 in Appendix II to this Circular, enclosed with copies of the inspection procedures and methods for which designation is sought.

Documents in the dossier must be translated into Vietnamese.

b) In case of modification, supplementation or reduction of the designated scope or field:

b1) For a domestic inspection organization, the dossier comprises:

- An application for modification, supplementation or reduction of the designated scope or field, made according to Form No. 09 in Appendix II to this Circular;

- A copy of the Certificate of registration of inspection activities; a copy of the decision designating the inspection organization;

- A list of inspection experts made according to Form No. 07 in Appendix II to this Circular, enclosed with copies of their diplomas and certificates of professional training;

- A list of technical documents, standards, inspection procedures and methods corresponding to the scope or field for which modification or supplementation is registered, made according to Form No. 08 in Appendix II to this Circular, enclosed with copies of the corresponding inspection procedures and methods;

- A copy of the certificate of inspection capacity accreditation issued by a lawful accreditation organization for the scope or field for which modification or supplementation is registered.

b2) For a foreign inspection organization, the dossier comprises:

- An application for modification, supplementation or reduction of the designated scope or field, made according to Form No. 09 in Appendix II to this Circular;

- A copy of the document permitting inspection activities issued by a competent authority of the foreign country where the inspection organization registers its operations, enclosed with a consularly legalized Vietnamese translation; a copy of the decision designating the inspection organization;

- A list of inspection experts made according to Form No. 07 in Appendix II to this Circular, enclosed with copies of their diplomas and certificates of professional training;

- A list of technical documents, standards, inspection procedures and methods corresponding to the scope or field for which modification or supplementation is registered, made according to Form No. 08 in Appendix II to this Circular, enclosed with copies of the corresponding inspection procedures and methods;

- A copy of the certificate of inspection capacity accreditation issued by a lawful accreditation organization for the scope or field for which modification or supplementation is registered.

Documents in the dossier must be translated into Vietnamese.

c) In case of re-grant for an inspection organization whose decision on designation remains valid but has been lost, misplaced or damaged, or whose name or address has changed:

c1) In case of a request for re-grant due to a change of name or address, the inspection organization shall additionally submit documents proving the change, including: an application for re-grant of the decision on designation made according to Form No. 10 in Appendix II to this Circular; a copy of a legal document evidencing the change of name or address, comprising one of the following: Enterprise Registration Certificate, Investment Registration Certificate, or another valid document as prescribed by law;

c2) In case of a request for re-grant due to loss, misplacement or damage, the dossier comprises an application for re-grant of the decision on designation made according to Form No. 10 in Appendix II to this Circular.

4. Order and procedures for designation

a) In case of first-time designation, designation involving modification or supplementation of the designated scope or field, and re-designation upon expiration of the decision on designation:

a1) Within 03 working days from the date of receipt of an application dossier, if the dossier is incomplete or invalid, the designation agency shall notify the inspection organization of the requirement to modify and supplement the dossier;

a2) Within 10 working days from the date of receipt of a complete and valid dossier, the designation agency shall decide to conduct an on-site capacity assessment of the inspection organization based on criteria regarding personnel, physical and technical facilities, management system, operational results and compliance with law by the inspection organization. The on-site assessment shall be conducted by appointing an expert or establishing an assessment team. The contents of the on-site assessment shall comply with Point a3 of this Clause.

Where an inspection organization’s capacity has been assessed by another line ministry and it has received a decision on designation, the designation agency shall, when conducting the on-site assessment, recognize the results of assessment of the management system corresponding to the type of inspection organization. Recognition of assessment results is valid for 12 months from the date on which the competent authority issues the latest assessment results.

Where an inspection organization requests modification, supplementation or reduction of its designated scope, if the application dossier is complete and valid, the designation agency shall appraise the dossier without organizing an on-site capacity assessment. Where the application dossier is complete but contains non-conforming contents, or at the request of a competent state agency, or where information or reports indicate signs of violations related to the dossier, the designation agency shall organize an on-site capacity assessment at the inspection organization.

The assessment of the inspection organization’s actual capacity on site shall be notified in writing to the inspection organization that submitted the application dossier. The expert or at least 01 member of the on-site capacity assessment team must be trained in the management system corresponding to each type of inspection organization applying for designation. At the end of the assessment, the expert or assessment team established by the designation agency shall sign the on-site assessment minutes and send it to the designation agency within 01 working day after its signing.

Where the inspection organization is required to remedy issues stated in the on-site assessment minutes, within a period not exceeding 30 days, the inspection organization shall send a report on results of corrective actions to the designation agency. If an extension is required to complete the corrective actions, the inspection organization shall submit a written report to the designation agency, clearly stating the official deadline for completion of corrective actions, the period for submitting the report on results of corrective actions to the designation agency must not exceed 06 months.

Within 05 working days from the date of receipt of the report on results of corrective actions under the on-site assessment minutes, if the inspection organization satisfies the prescribed requirements, the designation agency shall issue a decision designating the inspection organization, made according to Form No. 11 in Appendix II to this Circular. Based on the inspection organization’s capacity, the Ministry of Science and Technology shall determine the validity period of the decision on designation, which must not exceed 05 years from the date on which it is signed and issued. The decision on designation ceases to be valid when the Certificate of registration of inspection activities or accreditation certificate issued to the inspection organization by a competent authority expires. If designation is refused, the designation agency shall notify the inspection organization in writing of the reasons.

a3) Contents of on-site assessment:

- The inspection organization’s level of compliance with the law on product and goods quality, the law on standards and technical regulations, and relevant specialized management regulations, assessed according to the following contents:

For an organization applying for first-time designation: assessment of satisfaction of capacity and management system requirements and conformity of the legal dossier as prescribed by law.

For an operating organization applying for re-designation or expansion of its designated scope: assessment of legal compliance based on the following documents: reports on the organization’s inspection results during the latest 03 years or during its operating period if it has operated for less than 03 years; records of handling of violations (if any); and supervision results of management agencies and accreditation bodies (if any).

- Verification of the accuracy, truthfulness and completeness of the application dossier for designation provided by the inspection organization.

a4) Expenses for assessment activities of an expert or assessment team shall be covered by the inspection organization applying for designation on the principles of publicity, transparency and compliance with the law on finance. The list of expenses for assessment activities includes travel and accommodation expenses, expert hiring expenses (if any), expenses for conducting assessment at the establishment, and other valid expenses prescribed by the Ministry of Finance and specialized law. Expense amounts shall be determined according to the current financial expenditure regime.

b) In case of re-grant of a decision on designation:

During the validity period of a decision on designation, an inspection organization wishing to apply for its re-grant shall prepare 01 set of the dossier of request for re-grant specified at Point c Clause 3 of this Article and submit it directly, by post or as an online public service through the National Public Service Portal. Within 05 working days from the date of receipt of a complete and valid dossier, the designation agency shall consider and re-grant the decision on designation. If the requirements are not satisfied, the designation agency shall issue a written reply clearly stating the reasons.

Re-grant of a decision on designation shall be considered and processed when the decision on designation is lost, torn or damaged, or contains incorrect information that does not change the inspection organization’s capacity or scope of operation. The re-granted decision on designation shall retain the remaining validity period of the previously issued decision on designation.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 13. Responsibilities of the Ministry of Science and Technology

1. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, managing the import of used machinery, equipment and technological lines specified in this Circular and relevant documents.

2. To coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in inspecting enterprises’ compliance with the law on safety, economical and efficient use of energy, and environmental protection applicable to imported used machinery, equipment and technological lines when put into operation, and handle violations in accordance with law.

3. To designate inspection organizations for used machinery, equipment and technological lines and publish the List of designated inspection organizations on the Ministry of Science and Technology’s Portal; to revoke decisions designating inspection organizations in accordance with the Government’s regulations on revocation of decisions designating conformity assessment bodies.

4. To assume the prime responsibility for, and coordinate with relevant agencies and units in, inspecting the inspection of used machinery, equipment and technological lines by designated inspection organizations in accordance with law.

5. Within 90 days from the date of receipt of an enterprise’s report on completion of customs clearance procedures, Ministry of Science and Technology shall coordinate with the provincial-level People’s Committee of the locality where the project is implemented and relevant agencies in organizing inspections of compliance with the provisions of law on safety, economical and efficient use of energy, and environmental protection by enterprises and projects importing used technological lines under the simplified import procedure.

6. To assume the prime responsibility for developing, managing and operating the database for management of the import of used machinery, equipment and technological lines to serve statistical, reporting, inspection and supervision activities.

To organize the sharing and interconnection data in the database for management of the import of used machinery, equipment and technological lines with designated inspection organizations, and grant direct data access rights to science and technology-specialized agencies under provincial-level People’s Committees for inspection and supervision in the area under its administration.

7. The Ministry of Science and Technology assigns the Department of Technology Assessment and Appraisal to act as the focal point for implementation of this Circular.

Article 14. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Science and Technology in organizing the implementation of this Circular.

2. Based on socio-economic development and state management requirements in specialized sectors, ministries and ministerial-level agencies shall propose equipment-age criteria for other used machinery and equipment in their assigned sectors and submit them to the Ministry of Science and Technology for consideration and appropriate adjustment.

3. The Ministry of Finance shall supervise the import of used machinery, equipment and technological lines in accordance with customs law.

4. The provincial-level People’s Committee of the locality where a project is implemented shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and relevant agencies in, organizing inspections of enterprises importing used technological lines in accordance with Clause 5 Article 13 of this Circular.

Article 15. Responsibilities of enterprises importing used machinery, equipment and technological lines

1. To import used machinery, equipment and technological lines in accordance with this Circular and relevant legal documents.

2. Be subject to inspection by competent state management agencies; be held legally liable for violations of the provisions of this Circular and other relevant legal documents.

Article 16. Responsibilities of designated inspection organizations

1. To inspect used machinery, equipment and technological lines in accordance with this Circular and other relevant legal documents.

2. To ensure the principles of independence, objectivity and scientific rigor in inspection activities; comply with the law on inspection activities and take responsibility before law for the accuracy of inspection results; and submit to inspection of inspection activities by state management agencies.

3. Annually, before December 15, and on an ad hoc basis upon request, to prepare a report on the inspection of used machinery, equipment and technological lines according to Form No. 12 in Appendix II to this Circular and send it to the Ministry of Science and Technology (via the Department of Technology Assessment and Appraisal).

4. From the time the database for management of the import of used machinery, equipment and technological lines is put into operation, within 05 working days from the date of issuance of an inspection certificate, a designated inspection organization shall update information and data on the inspection certificate to the database.

Before the database is put into operation, a designated inspection organization shall send 01 copy of the inspection certificate to the Ministry of Science and Technology within 15 days from its date of issuance in the following cases:

a) Inspection of a used technological line;

b) Inspection of used machinery and equipment where the inspection certificate records that no QCVN, TCVN, or national standard of a G7 country or the Republic of Korea on safety, energy efficiency or environmental protection is available as specified at Point d Clause 1 Article 11 of this Circular.

The Ministry of Science and Technology shall announce the time at which the database specified in this Clause is put into operation.

5. To notify the designation agency of every change affecting the designated inspection capacity within 15 days from the date of the change.

Article 17. Transitional provisions

1. Inspection organizations for used machinery, equipment and technological lines designated by the Ministry of Science and Technology under the Prime Minister’s Decision No. 18/2019/QD-TTg dated April 19, 2019, providing for the import of used machinery, equipment and technological lines, as amended and supplemented by the Prime Minister’s Decision No. 28/2022/QD-TTg dated December 20, 2022, amending and supplementing a number of articles of Decision No. 18/2019/QD-TTg, before the effective date of this Circular may continue to inspect used machinery, equipment and technological lines until the expiration of their decisions on designation.

2. Dossiers of application for designation to inspect used machinery, equipment and technological lines received by the Ministry of Science and Technology before the effective date of this Circular but for which no processing result has been issued shall continue to be processed under Decision No. 18/2019/QD-TTg, as amended and supplemented by Decision No. 28/2022/QD-TTg.

3. Inspection certificates for used machinery, equipment and technological lines issued under Decision No. 18/2019/QD-TTg, as amended and supplemented by Decision No. 28/2022/QD-TTg, before the effective date of this Circular may continue to be used until their expiration.

4. Dossiers of request for import of used machinery and equipment in other cases received by the Ministry of Science and Technology before the effective date of this Circular shall continue to be processed under Decision No. 18/2019/QD-TTg until the process of consideration and approval or refusal of import is completed.

5. Imported used machinery, equipment and technological lines for which customs declarations were registered before the effective date of this Circular but procedures have not been completed pending inspection results shall continue to be subject to the management policy under Decision No. 18/2019/QD-TTg.

Article 18. Implementation provisions

1. This Circular takes effect on September 05, 2026.

2. Where legal documents referred to in this Circular are amended, supplemented or replaced, the new documents shall apply.

3. Any difficulties or problems arising in the course of implementation should be reported by agencies, organizations and individuals to the Ministry of Science and Technology for consideration and settlement./.

* All Appendices are not translated herein.