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

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Decision No. 28/2022/QD-TTg dated December 20, 2022 of the Prime Minister amending and supplementing a number of articles of the Prime Minister’s Decision No. 18/2019/QD-TTg of April 19, 2019, providing the import of used machinery, equipment and technological lines
Issuing body: Prime MinisterEffective date:
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Official number:28/2022/QD-TTgSigner:Le Minh Khai
Type:DecisionExpiry date:Updating
Issuing date:20/12/2022Effect status:
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Fields:Export - Import
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TTXVN

THE PRIME MINISTER

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 28/2022/QD-TTg

 

Hanoi, December 20, 2022

 

DECISION

Amending and supplementing a number of articles of the Prime Minister’s Decision No. 18/2019/QD-TTg of April 19, 2019, providing the import of used machinery, equipment and technological lines

 

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 the Prime Minister’s Decision No. 18/2019/QD-TTg of April 19, 2019, providing 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 the import of used machinery, equipment and technological lines

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

“3. Import of used technology 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 import used technology lines according to the dossiers, order and procedures for import of used technological lines specified in Article 7 or dossiers, order and procedures for import of used technological lines according to fast-track import procedures specified in Article 7a of this Decision.”

2. To add Article 7a as follows:

“Article 7a. Dossiers, order and procedures for import of used technological lines according to fast-track import procedures 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:

When carrying out procedures for import of the first batch of goods of a technological line, an enterprise shall, in addition to the import dossier specified in the Customs Law, additionally submit the following documents:

a/ A copy of the hi-tech enterprise certificate or a copy of the certificate of hi-tech application activities issued by the Ministry of Science and Technology or a copy of the investment registration certificate or a copy of the decision on investment policy approval or a copy of the written agreement with a competent state agency stating that the project is eligible for special investment incentives;

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

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

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

2. Import order and procedures:

a/ An enterprise may bring the goods for preservation in accordance with the customs law after submitting to the custom office an import dossier and the documents specified in Clause 1 of this Article. The enterprise may only carry out import procedures for batches of the used technology line at a single customs clearance site.

b/ Within 12 months after bringing the first batch of goods of the technological line for preservation in accordance with the customs law, the enterprise shall submit the certificate of assessment to the customs office. The customs office shall carry out customs clearance procedures according to regulations only when the import dossier and the documents specified in Clause 1 of this Article are complete and valid and the certificate of assessment states a conclusion that the used technological line meets the criteria specified in Article 5 of this Decision. Pending the bringing of goods for preservation in accordance with the customs law, the enterprise may only install and operate the technological line to serve the assessment activities but may not to put the technological line into production.

In case the technological line has a high complexity and requires the time for installation, operation and assessment which exceeds the committed time, at least 30 days before the deadline for submission of the certificate of assessment, the enterprise shall send to the Ministry of Science and Technology and the customs office where the import procedures are carried out a written request, made according to Form No. 03 provided in Appendix III to with this Decision, for extension of the time limit for submission of the certificate of assessment, certified by a designated assessment body. The extension may be granted only once and must not exceed 6 months compared to the committed time.

In case the assessment result shows that the technological line does not meet the criteria specified in Article 5 of this Decision, the enterprise shall be handled according to the regulations on sanctioning of customs-related administrative violations and compelled to re-export such technological line.

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

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

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

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

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

“3. The assessment of used technology lines based on the criteria specified in Article 5 of this Decision must be conducted at exporting countries when the technological lines are in operation, except the cases specified in Article 7a of this Decision.”

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

“4. For the cases specified in Article 7a of this Decision, the assessment of an used technological line shall be conducted at an enterprise's production location or the location where a project is to be implemented after the imported used technological line is completely installed and put into operation when the technological line is in operation."

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

“7. Within 3 months after receiving an enterprise's report on the 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 inspecting the compliance with the regulations on safety, energy efficiency and conservation and environmental protection, for enterprises and projects importing used technological lines according to fast-track import procedures. If committing violations, enterprises and projects shall be handled under regulations.”

7. To amend and supplement Article 13 as follows:

“Article 13. Responsibilities of ministries, ministerial-level agencies and provincial-level Peoples’ 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, based on the socio-economic development situation as well as state management requirements in their specialized fields, propose criteria on age of equipment, for other used machinery and equipment, in the fields assigned to them for 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 supervise the import of used technological lines in accordance with the customs law.

3. Provincial-level Peoples’ Committees of localities where projects are implemented shall coordinate with the Ministry of Science and Technology and related agencies in inspecting enterprises that import used technological lines according to fast-track import procedures under Clause 7, Article 12 of this Decision.

In case of receiving an enterprise’s report on custom clearance rejection, the provincial-level Peoples’ Committee of locality where the project is implemented shall assign its specialized agency in charge of science and technology to coordinate with a customs office in supervising the sanctioning of violations and re-export of the used technological line under current regulations.”

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

9. To promulgate Appendix III providing the following forms:

Form No. 01. Written commitment.

Form No. 02. Written registration for assessment.

Form No. 03. Written request for extension of the time limit for submission of a certificate of assessment.

Form No. 04. Enterprise’s report.

Form No. 05. Assessment body’s report.

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 replaced, the amending, supplementing or replacing documents shall prevail.

3. Any problems arising in the course of implementation of this Decision should be reported 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.

 

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