Decision 18/2019/QD-TTg the import of used machinery, equipment

DECISION

Prescribing the import of used machinery, equipment and technological lines^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

At the proposal of the Minister of Science and Technology;

The Prime Minister promulgates the Decision prescribing the import of used machinery, equipment and technological lines.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decision prescribes the criteria, dossiers, order and procedures for import and assessment of used machinery, equipment and technological lines with HS codes belonging to Chapters 84 and 85 of Vietnam’s List of Imports and Exports which are imported for use in production activities in Vietnam but not on the lists of goods banned from import promulgated by the Government or Prime Minister or announced by ministries or ministerial-level agencies under the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management.

2. This Decision does not apply to used machinery, equipment and technological lines falling into the following cases:

a/ Goods in transit or transshipped goods;

b/ Goods in border-gate transfer;

c/ Goods temporarily imported for re-export;

d/ Goods temporarily imported for re-export in other forms prescribed in Article 15 or temporarily exported for re-import prescribed in Article 17 of the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management (except those temporarily imported for re-export serving the performance of processing contracts; and those imported for production and construction under investment projects);

dd/ Goods serving the performance of repair and warranty service contracts with foreign traders;

e/ Goods traded among enterprises in export processing zones or enterprises in non-tariff zones; and goods being liquidated assets sold by enterprises in export processing zones into the inland;

g/ Goods transferred from foreign partners upon the expiration of processing contracts or financial leasing contracts; goods of which the use purpose is changed into domestic consumption upon the expiration of the period of temporary import for construction of works or temporary import in the form or lease or borrowing for performance of processing contracts for foreign traders; or goods transferred among enterprises performing processing contracts for foreign traders;

h/ Goods serving scientific research and technological development which cannot be produced at home; goods serving performance of security and national defense tasks at the request of line ministries;

i/ Machinery and equipment on the lists of products and goods likely to become unsafe (lists of group-2 products and goods) promulgated by line ministries under the Law on Product and Goods Quality;

k/ Machinery and equipment in specialized fields which are regulated by legal documents issued by ministries or ministerial-level agencies.

Article 2. Subjects of application

This Decision applies to:

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

2. Assessment bodies conducting assessment of used machinery, equipment and technological lines under this Decision.

3. State management agencies related to the import of used machinery, equipment and technological lines prescribed in Article 1 of this Decision.

Article 3. Interpretation of terms

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

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