Decision 28/2022/QD-TTg import of used machinery, equipment and technological lines

DECISION

Amending and supplementing a number of articles of Decision No. 18/2019/QD-TTg of April 19, 2019, providing for the import of used machinery, equipment and technological lines^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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 amending and supplementing a number of articles of Decision No. 18/2019/QD-TTg of April 19, 2019, providing for the import of used machinery, equipment and technological lines.

Article 1. To amend and supplement a number of articles of the Prime Minister’s Decision No. 18/2019/QD-TTg of April 19, 2019, providing for the import of used machinery, equipment and technological lines

1. To add Clause 3 to Article 7 as follows:

“3. Regarding import of used technological lines by hi-tech enterprises or hi-tech application projects or projects eligible for special investment incentives specified in Clause 2, Article 20 of the Law on Investment:

Hi-tech enterprises or hi-tech application projects or projects eligible for special investment incentives specified in Clause 2, Article 20 of the Law on Investment may choose to import used technological lines according to the dossiers, order and procedures specified in Article 7 or according to the simplified dossiers, order and procedures specified in Article 7a of this Decision.”

2. To add Article 7a as follows:

“Article 7a. Simplified dossiers, order and procedures for import of used technological lines applicable to hi-tech enterprises or hi-tech application projects or projects eligible for special investment incentives specified in Clause 2, Article 20 of the Law on Investment

1. Import dossier:

In addition to the import dossier specified in the Customs Law, when carrying out procedures for importing the first shipment of a used technological line, an enterprise shall submit the following documents:

a/ A copy of the hi-tech enterprise certificate or a copy of the certificate of hi-tech application activities granted by the Ministry of Science and Technology, or a copy of the investment registration certificate or a copy of the investment policy approval decision or a copy of the written agreement with the competent state agency which states the project’s eligibility for special investment incentives;

b/ The enterprise’s written commitment enclosed with the list of machinery and equipment pertaining to a used technological line to be imported, made according to Form No. 01 provided in Appendix III to this Decision;

c/ A technological line inspection registration form, made after the technological line is imported, completely installed and put into operation, and certified by a designated inspection organization, which is enclosed with the list of machinery and equipment pertaining to a used technological line to be imported, made according to Form No. 02 provided in Appendix III to this Decision.

In case there is a change in the list of machinery and equipment pertaining to a used technological line to be imported, the enterprise shall send a written request for modification of the list of imported machinery and equipment bearing a certification by the designated inspection organization to the Ministry of Science and Technology and the customs office where import procedures are carried out.

2. Import order and procedures:

a/ Enterprises may transport imported goods to their warehouses for preservation in accordance with the customs law after submitting to customs offices the import dossier and documents specified in Clause 1 of this Article. An enterprise may carry out import procedures for the goods shipments of a used technological line at only one place for carrying out customs procedures.

b/ Within 12 months after transporting the first shipment of the used technological line to its warehouse for preservation in accordance with the customs law, an enterprise shall submit to the customs office the inspection certificate. The customs office shall carry out customs clearance procedures under regulations only when the import dossier and 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 Decision. During the period of preservation of imported goods in accordance with the customs law, the enterprise may only install and operate the technological line to serve inspection activities but may not commission it for production.

In case the technological line is highly complicated and requires a period of installation, operation and inspection exceeding the committed period, at least 30 days before the deadline for submission of the inspection certificate, the enterprise shall send a written request for extension of the deadline for submission of the inspection certificate bearing certification by the designated inspection organization, made according to Form No. 03 provided in Appendix III to this Decision, to the Ministry of Science and Technology and the customs office where import procedures are carried out. The extension may be made only once and must not exceed 6 months from the date on which the enterprise makes the first commitment.

In case results of the inspection of the technological line show that the technological line fails to meet the criteria specified in Article 5 of this Decision, the enterprise shall be handled under regulations on sanctioning of administrative violations in the field of customs and forced to re-export the imported technological line.

c/ Within 5 working days after completing customs clearance procedures or having its request for customs clearance rejected, an enterprise shall send a report thereon, made according to Form No. 04 provided in Appendix III to this Decision to the Ministry of Science and Technology and provincial-level People’s Committee of the locality where its project is implemented.”

3. To amend and supplement Point a, Clause 2, Article 10 as follows:

“a/ Eighteen months, counted from the time the certificate is issued to the time the technological line arrives at a border gate of Vietnam, in case of inspection of used technological lines.

Three months from the time the certificate is issued, in case of inspection of used technological lines specified in Article 7a of this Decision.”

4. To amend and supplement Clause 3, Article 10 as follows:

“3. The inspection of used technological lines based on the criteria specified in Article 5 of this Decision shall be carried out in exporting countries when such technological lines are in the state of operation, except the case specified in Article 7a of this Decision.”

5. To add Clause 4 to Article 10 as follows:

“4. For the case specified in Article 7a of this Decision, the inspection of used technological lines shall be carried out at production locations of enterprises or at project implementation locations after imported used technological lines are completely installed and put into operation when such technological lines are in the state of operation.”

6. To add Clause 7 to Article 12 as follows:

“7. Within 3 months after receiving an enterprise’s report on completion of customs clearance procedures, the Ministry of Science and Technology shall coordinate with the provincial-level People’s Committee of the locality where the project is implemented and related agencies in examining the observance of regulations on safety, energy efficiency and conservation and environmental protection by enterprises and projects importing used technological lines according to simplified import procedures. If committing violations, such enterprises and projects shall be handled in accordance with law.”

7. To amend and supplement Article 13 as follows:

“Article 13. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. To coordinate with the Ministry of Science and Technology in organizing the implementation of this Decision.

2. Ministries and ministerial-level agencies shall base themselves on the practical socio-economic development and state management requirements in their specialized fields to propose criteria on age of other used machinery and equipment in the fields falling under their management to the Ministry of Science and Technology for summarization and submission to the Prime Minister for consideration and approval.

The Ministry of Finance (the General Department of Vietnam Customs) shall monitor the import of used technological lines in accordance with the customs law.

3. Provincial-level People’s Committees of localities where projects are implemented shall coordinate with the Ministry of Science and Technology and related agencies in examining enterprises importing used technological lines according to the simplified import procedures specified in Clause 7, Article 12 of this Decision.

In case of receiving an enterprise’s report that its request for customs clearance is rejected, the provincial-level People’s Committee of the locality where the enterprise’s project is implemented shall assign its attached specialized agency in charge of science and technology to coordinate with the customs office in monitoring the sanctioning of violations and re-export of the imported used technological line under current regulations.”

8. To modify HS codes of the machinery and equipment provided in Appendix I to this Decision regarding age of machinery and equipment in a number of specific fields.

9. To add Appendix III providing the following forms:

Form No. 01: Written commitment.

Form No. 02: Inspection registration form.

Form No. 03: Written request for extension of the deadline for submission of inspection certificate.

Form No. 04: Report of enterprise.

Form No. 05: Report of inspection organization.

Article 2. Implementation provisions

1. This Decision takes effect on March 1, 2023.

2. In case the legal documents referred to in this Decision are amended, supplemented or superseded, the amending, supplementing or superseding legal documents shall prevail.

3. Any problems or difficulties arising in the course of implementation of this Decision shall be reported by agencies, organizations and enterprises to the Ministry of Science and Technology for summarization and reporting to the Prime Minister for consideration and decision.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

  * The Appendices to this Decision are not translated.