Decision 31/2019/QD-TTg importation of used information technology products under import prohibition

DECISION

Providing the import of goods on the list of used information technology products banned from import for scientific research, and the processing or repair of goods on the list of used information technology products banned from import for foreign traders to sell abroad^[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 Information and Communications;

The Prime Minister promulgates the Decision providing the import of goods on the list of used information technology products banned from import for scientific research, and the processing or repair of goods on the list of used information technology products banned from import for foreign traders to sell abroad.

Article 1. Scope of regulation

This Decision provides dossiers, order, procedures and competence for permission for the import of goods on the list of used information technology products banned from import for scientific research, and the processing or repair of goods on the list of used information technology products banned from import for foreign traders to sell abroad.

Article 2. Subjects of application

This Decision applies to:

1. Traders importing goods on the list of used information technology products banned from import for scientific research.

2. Traders processing or repairing goods on the list of used information technology products banned from import for foreign traders to sell abroad.

3. State management agencies, and related organizations and individuals.

Article 3. Interpretation of terms

1. Goods on the list of used information technology products banned from import means information technology products which have been commercialized and put into use; these goods exclude sample products which are in the process of research and development to be turned into complete products.

2. Scientific research activities prescribed in this Decision means any of the following activities: analysis, design, testing, experimentation or innovation with a view to developing products or devising new methods, solutions or technical means with a higher value.

3. Processing or repair of a used information technology product means one or more than one stage in a production process at the request of the principal, including substitution of components, assembly, repair, restoration and upgrading of functions and renewal of the product so that the product can have functions and appearance like a new product of the same type.

Article 4. Criteria and conditions for import of goods on the list of used information technology products banned from import for scientific research; criteria and conditions for processing or repair of goods for foreign traders

1. Criteria and general conditions for import of goods on the list of used information technology products banned from import for scientific research, or for processing or repair for foreign traders:

a/ Imported goods shall solely and directly be used for scientific research or processing activities of traders, but not for sale or donation;

b/ Imported goods must not pollute the environment as prescribed in the law on environmental protection.

2. Criteria and conditions for import of goods on the list of used information technology products banned from import for scientific research:

a/ Imported goods must meet the criteria and general conditions prescribed in Clause 1 this Article;

b/ Imported goods must be on the list of products and equipment used for scientific research activities of approved scientific research schemes or projects;

c/ Imported goods which are leased or purchased or borrowed from foreign partners must have specific and specialized characteristics that cannot be substituted by products or goods sold in the domestic market.

3. Criteria and conditions for processing or repair of goods for foreign traders:

a/ Goods imported for processing must meet the criteria and general conditions prescribed in Clause 1 this Article;

b/ Entities engaged in processing or repair activities must have plans and measures to ensure that the processing or repair does not pollute the environment as prescribed in the law on environmental protection;

c/ Entities engaged in processing or repair activities must have production facilities and factories; lines and equipment for processing or repair suitable to the production process of each type of product; and a plan on human resources conformable with the production scale;

d/ In addition to the conditions prescribed at Points a, b and c, Clause 3 of this Article, the processing or repair of goods on the list of used information technology products banned from import must comply with the provisions on processing of ordinary goods of Decree No. 69/2018/ND-CP and relevant legal documents.

Article 5. Dossiers, competence, order and procedures for permission for import of goods on the list of used information technology products banned from import for scientific research

1. A dossier of request for import must comprise:

a/ One original of the trader’s document on commitment and request for import of goods on the list of used information technology products banned from import for scientific research, made according to Form No. 01 provided in  the Appendix to this Decision;

b/ One certified copy of the enterprise registration certificate, business registration certificate, or investment registration certificate;

c/ One copy each of the technical paper describing the goods and the paper showing the origin of the goods (invoice, bill of lading, contract, etc.);

d/ One original of the decision approving the scientific research project or outline of the scientific research project or another document clearly stating the objectives, contents, expected results and duration of scientific research activities, together with explanations about the type and quantity of to-be-imported goods, time limit and measures for handling the goods after completing the scientific research;

dd/ Related documents (if any).

2. The Prime Minister shall authorize the Minister of Information and Communications to consider and permit the import of goods on the list of used information technology products banned from import for scientific research, based on the criteria, conditions, dossiers, order and procedures prescribed in this Decision.

3. Order and procedures for permission for import:

a/ A trader shall submit a set of the dossier of request for import prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No.18 Nguyen Du street, Hai Ba Trung district, Hanoi) or via the online public service portal of a competent state agency;

b/ In case the trader submits an incomplete or invalid dossier, the Ministry of Information and Communications shall, within one working day, notify such to the trader for modification and supplementation of the dossier;

c/ Within 5 working days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider and decide to permit the import of goods on the list of used information technology products banned from import for scientific research. In case of refusal, the Ministry of Information and Communications shall reply in writing, clearly stating the reason.

When necessary, within 2 working days after receiving a complete and valid dossier, the Ministry of Information and Communications shall send a written request to related ministries and ministerial-level agencies for opinion; within 5 working days after receiving the request, the consulted ministries and ministerial-level agencies shall give their written opinions. The time for collecting opinions shall not be included in the time limit for processing the dossier of request for permission.

Article 6. Dossiers, competence, order and procedures for permission for processing or repair of goods on the list of used information technology products banned from import for foreign traders

1. A dossier of request for processing or repair must comprise:

a/ One original of the trader’s document on commitment and request for processing or repair of goods on the list of used information technology products banned from import for foreign traders, made according to Form No. 02 provided in  the Appendix to this Decision;

b/ One certified copy of the enterprise registration certificate, business registration certificate, or investment registration certificate;

c/ One original of the capacity profile of the trader, including documents on production facilities and factories; lines and equipment for processing or repair suitable to each type of products; human resources suitable to the production scale; and financial capacity. (For a trader already granted permission, this document is not required if a new or modified processing contract does not result in the change in the scale, capacity, type or feature of the products of the project);

d/ One certified copy of the decision approving the environmental impact assessment report or the competent state management agency’s certificate of the environmental protection plan for the processing or repair project in accordance with the law on environment protection on the basis of the scale, capacity and feature of the products of the project. (For a trader already granted permission, this document is not required if a new or modified processing contract does not result in the change in the scale, capacity, type or feature of the products of the project);

dd/ One original or notarized copy of the processing or repair contract for foreign traders in accordance with law.

2. The Prime Minister shall authorize the Minister of Information and Communications to consider and permit the processing or repair of goods on the list of used information technology products banned from import for foreign traders, based on the criteria, conditions, dossiers, order and procedures prescribed in this Decision.

3. Order and procedures for permission for processing or repair:

a/ A trader shall submit a set of dossier of request prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No.18 Nguyen Du street, Hai Ba Trung district, Hanoi) or via the online public service portal of a competent state agency;

b/ In case a trader submits an incomplete or invalid dossier, the Ministry of Information and Communications shall, within one working day, notify such to the trader for modification and supplementation of the dossier;

c/ Within 5 working days after receiving a complete and valid dossier, the Minister of Information and Communications shall consider and decide to permit the processing or repair of goods on the list of used information technology products banned from import for foreign traders. In case of refusal, the Ministry of Information and Communications shall reply in writing, clearly stating the reason.

When necessary, within 2 working days after receiving a complete and valid dossier, the Ministry of Information and Communications shall send a written request to related ministries and ministerial-level agencies for opinion; within 5 working days after receiving the request, the consulted ministries and ministerial-level agencies shall give their written opinions. The time for collecting opinions shall not be included in the time limit for processing the dossier of request for permission.

Article 7. Obligations of traders and reporting regime

1. Traders importing goods on the list of used information technology products banned from import for scientific research, and traders processing or repairing goods on the list of used information technology products banned from import for foreign traders shall comply with relevant regulations and this Decision.

2. Traders shall take responsibility for the type, quantity and quality of imported goods.

3. Traders importing goods for scientific research shall re-export or destruct the goods in accordance with law after 3 months from the date of completing the scientific research.

4. Traders processing or repairing goods shall re-export all the goods after the processing and repair, and may not sell such goods in Vietnam as prescribed in the current law on goods processing.

5. Traders shall annually make a report on goods processing activities according to Form No. 03 provided in Appendix to this Decision from the date they are permitted to process or repair goods on the list of used information technology products banned from import.

Article 8. Organization of implementation

1. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing, guiding, supervising and inspecting the implementation of this Decision; and summarize and report any problems arising in the course of implementation of this Decision which are faced by traders and fall beyond the Ministry’s competence to the Prime Minister for consideration and decision.

2. The Ministry of Finance, Ministry of Industry and Trade, other related ministries and sectors, and provincial-level People’s Committees shall coordinate with the Ministry of Information and Communications in organizing the implementation of this Decision.

Article 9. Transitional provisions

Traders that are granted permissions to import goods on the list of used information technology products banned from import for scientific research, or to process or repair goods on the list of used information technology products banned from import for foreign traders under regulations before the effective date of this Decision may continue to implement such permissions.

Article 10. Implementation provisions

1. This Decision takes effect on the date of its signing.

2. 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.-

Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decision is not translated.