THE PRIME MINISTER
Decision No. 18/2016/QD-TTg dated May 06, 2016 of the Prime Minister on circumstances that enable importation of used information technology products under import prohibition
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Information Technology Law dated June 29, 2006;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on details of the implementation of the Commercial Law with regard to international trade in goods and agencies' sale, purchase, processing and transit of goods for foreign principals;
At the request of the Minister of Information and Communication,
Prime Minister issues the Decision on circumstances that enable importation of used information technology products under import prohibition.
Article 1. Scope of adjustment and subject of application
1. Scope of adjustment
This Decision regulates circumstances, conditions, criteria and procedures under which the importation of goods shown in the list of used information technology products under import prohibition (referred to as the import prohibition list) is considered and approved according to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on details for implementation of the Commercial Law with regard to international trade in goods and agencies’ sale, purchase, processing and transit of goods for foreign principals.
2. Subject of application
This Decision applies to organizations and enterprises whose activities involve the importation of information technology products under the import prohibition list (referred to as the importers) and state management authorities concerned.
Article 2. Term interpretation
1. “Specialized information technology product" is designed and employed for special tasks in professional manufacturing sectors or used in laboratories or test chambers. It is not a consumer product for normal uses.
2. “Refurbishment” refers to repair and replacement of a product unit’s components and restoration of its functions and appearance to an equivalent state of a new product unit of the same model.
3. “Refurbished information technology product” refers to a used product unit that has undergone repair(s) and replacement of components and restoration of functions and visual aspects to attain the equivalent state of functionality, appearance and warranty on a new product unit of the same model. The label of a refurbished product must indicate its refurbished state in Vietnamese or in equivalent English.
4. “Software production” refers to legally compliant activities of organizations and enterprises in one or various phases of a software manufacturing process that creates or upgrades, modifies and completes software.
5. “Business outsourcing through information technology” refers to services whose providers carry out one or various professional tasks for customers outside territories of Vietnam through media of information technology or telecommunications.
6. “Data processing” refers to cleansing, analysis, conversion and exhaustive treatment of data and reporting of output specifically produced by information that a customer provides.
Article 3. Principles for importation of products under the import prohibition list
1. Used import products must adhere to relevant safety and quality regulations, standards and national technical regulations.
2. Used products that nations have publicly excluded due to obsolescence, poor quality or environment contamination are barred from importation.
3. Used import products, apart from their satisfaction of requirements and criteria as defined in Article 5 of this Decision, must conform to current regulations on importation of goods.
Article 4. Circumstances that enable importation of products under the import prohibition list
1. Used information technology goods are imported under internal relocation of means of production in one single organization.
2. Used information technology goods are imported for control, operation and inspection of activities in one or all parts of a system or production line.
3. Used information technology goods are imported as a direct part of software production, business outsourcing through information technology or data processing for foreign partners.
4. Used specialized information technology products are imported.
5. Information technology goods with expired warranty time are re-imported after their overseas repairs.
6. Refurbished goods or components out of production are imported to replace or repair those being used domestically.
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