DECISION

AMENDING AND SUPPLEMEN-TING THE POST AND TELEMATICS MINISTER'S DECISION NO. 20/2006/QD-BBCVT OF JUNE 30, 2006, PROMULGATING THE LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT

THE MINISTER OF POST AND TELEMATICS

Pursuant to the Government's Decree No. 90/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding activities of international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties;

Pursuant to the Government's Decree No. 71/2007/ND-CP of May 3, 2007, detailing and guiding the implementation of a number of articles of the Law on Information Technology regarding the information technology industry;

At the proposal of the director of the Information Technology Industry Department,

DECIDES:

Article 1.- To amend and supplement the Post and Telematics Minister's Decision No. 20/2006/QD-BBCVT of June 30, 2006, promulgating the List of used information technology products banned from import as follows:

1. The List of used information technology products banned from import is amended as follows:

To exclude "Laptop computers, code HS 8471.30.20" from the List of used information technology products banned from import.

2. To amend and supplement the notes of the List of used information technology products banned from import as follows:

"*Notes:

1. This List has been drawn up on the basis of the List of goods and their HS codes in the Import and Export Tariffs.

2. Used LCD or plasma computer monitors and display screens are not included in this List.

3. Used components and spare parts of goods on this List are also banned from import, except for ink cartridges used for printers which have been cleansed and satisfy import conditions or criteria specified by environmental protection, commercial and other relevant laws.

4. This List does not apply to used information technology products imported for warranty or maintenance for overseas customers. Enterprises providing warranty or maintenance of information technology products for overseas customers shall re-export all products together with scraps and wastes arising from the warranty or maintenance process.

5. This List does not apply to used special-use information technology products and systems, specifically:

a/ Special-use information technology products and systems are information technology machines and machine assemblies which are used as means of production in specific domains, including industrial production, telecommunications, information technology industry, measurement, automation, healthcare, biology and other domains may be used to control, operate, exploit and test the operation of a part or the whole of a production system or chain. These information technology machines and equipment may be imported in single units or complete sets together with the production system or chain.

b/ To be imported, these machines and machine assemblies must be certified by the Ministry of Post and Telematics as special-use information technology products or systems."

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The director of the Office, the Chief Inspector, directors of departments and heads of agencies and units attached to the Ministry of Post and Telematics, and organizations and individuals engaged in the manufacture of or trading in information technology and telecommunications products and services shall implement this Decision.