Decree No. 53/2018/ND-CP dated April 16, 2018 of the Government on amending the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products

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ATTRIBUTE

Decree No. 53/2018/ND-CP dated April 16, 2018 of the Government on amending the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products
Issuing body: GovernmentEffective date:
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Official number:53/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:16/04/2018Effect status:
Known

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Fields:Civil , Commerce - Advertising , Export - Import , Information - Communications

SUMMARY

To notify new List of imported and exported civil cryptography products

At the Decree No. 53/2018/ND-CP dated April 16, 2018, the Government amends the Decree No. 58/2016/ND-CP on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products.

Specifically, the Government replaces the List of civil cryptography products imported and exported under license enclosed with the Government’s Decree No. 58/2016/ND-CP with the new List of civil cryptography products imported and exported under license enclosed with this Decree. This is the List about such products as: Discs, tapes, smart cards; Printing machinery; Combined printing-copying-facsimile machines; Automatic data processing machines; Electronic fingerprint recognition system; Telephone sets…

The licenses to import and export civil cryptography products whose names match with those defined in Vietnam's nomenclature of exports and imports issued to enterprises shall remain effective.

This Decree takes effect on April 16, 2018.

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Effect status: Known

THE GOVERNMENT

Decree No. 53/2018/ND-CP dated April 16, 2018 of the Government on amending the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products

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

Pursuant to the Law on Cyber Information Security dated November 19, 2015;

At the request of the Minister of National Defence;

The Government hereby promulgates a Decree on amendments to the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products.

Article 1. To amend the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products

To replace the Appendix II - List of civil cryptography products imported and exported under license enclosed with the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 with the Appendix II - List of civil cryptography products imported and exported under license enclosed with this Decree.

Article 2. Application of the List of civil cryptography products imported and exported under license

1. The List of civil cryptography products imported and exported under license shall only be applicable to devices whose HS codes, names and features described match with those defined in the List.

2. If differences arise while determining the HS codes specified in the List enclosed with this Decree and Vietnam’s nomenclature of exports and imports, the Ministry of Finance (the General Department of Customs) shall take charge and cooperate with the Ministry of National Defense (the Government Cipher Committee) in considering assigning HS codes of exports and imports.

Article 3. Transitional clauses

The licenses to import and export civil cryptography products whose names match with those defined in Vietnam s nomenclature of exports and imports issued to enterprises shall remain effective. The customs authority shall, according to the issued license to import and export civil cryptography products and exports and imports in reality, assign HS codes and initiate customs clearance procedures.

Article 4. Effect

This Decree takes effect on April 16, 2018.

Article 5. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People s Committees of provinces and central-affiliated cities and relevant authorities are responsible for the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc 

 

APPENDIX II

LIST OF CIVIL CRYPTOGRAPHY PRODUCTS IMPORTED AND EXPORTED UNDER LICENSE
(Enclosed with the Government’s Decree No. 53/2018/ND-CP dated April 16, 2018)

HS code

Name

Description of cryptographic features

84.43

Printing machinery using printing means of plates (composition rollers), cylinders and other printing components of heading 84.42; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof

 

 

- Other printers, copying machines and facsimile machines, whether or not combined:

 

8443.31

- - Machines which perform two or more of the functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network

 

 

- - - Combined printing-copying-facsimile machines:

 

8443.31.31

- - - - Color

Facsimile and telegraph security products.

8443.31.39

- - - - Other

Facsimile and telegraph security products.

 

- - - Other:

 

8443.31.91

- - - - Combined printing-copying-scanning-facsimile machines

Facsimile and telegraph security products.

8443.31.99

- - - - Other

Facsimile and telegraph security products.

8443.32

- - Other, capable of connecting to an automatic data processing machine or to a network:

 

 

- - - Facsimile machine:

 

8443.32.41

- - - - Color

Facsimile and telegraph security products.

8443.32.49

- - - - Other

Facsimile and telegraph security products.

8443.32.90

- - - Other

Facsimile and telegraph security products.

 

- Parts and accessories

 

8443.99

- - Other

 

8443.99.90

- - - Other

Parts and accessories of facsimile and telegraph security products

84.71

Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included

 

8471.30

- Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display:

 

8471.30.90

- - Other

Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security.

 

- Other automatic data processing machines:

 

8471.41

- - Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined:

 

8471.41.90

- - - Other

Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security.

8471.49

- - Other, in the form of systems:

 

8471.49.90

- - - Other

Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security.

8471.50

- Processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units:

 

8471.50.90

- - Other

Processing units with encryption feature.

8471.70

- Storage units:

 

8471.70.20

- - Hard drives

Encrypted hard drives

 

- - Other:

 

8471.70.99

- - - Other

Storage units with encryption feature.

8471.80

- Other units of automatic data processing machines:

 

8471.80.90

- - Other

Products with at least one of the features: biometric cryptography; cryptographic key management or storage; cryptographic components of PKI systems; stored data security; data security; IP and channel security.

8471.90

- Other

 

8471.90.30

- - Electronic fingerprint recognition system

Products with data encryption feature.

8471.90.40

- - Other optical character readers

Products with data encryption feature.

8471.90.90

- - Other

Products with data encryption feature.

84.73

Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 84.70 to 84.72

 

8473.30

- Parts and accessories of machines of heading 84.71

 

8473.30.10

- - Assembled printed circuit boards

Assembled printed circuit boards integrated with encryption feature.

8473.30.90

- - Other

Products integrated with encryption feature.

85.17

Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of headings 84.43, 85.25, 85.27 or 85.28

 

 

- Telephone sets, including telephones for cellular networks or for other wireless networks:

 

8517.11.00

- - Line telephone sets with cordless handsets

Products with at least one of the features: analog or digital voice security; wired voice security.

8517.12.00

- - Telephones for cellular networks or for other wireless networks

Products with at least one of the features: analog or digital voice security; wired voice security.

8517.18.00

- - Other

Products with encryption feature.

 

- Other apparatus for transmission or reception of voice, images or data, including apparatus for communication in a wired or wireless network (such as a local or wide area network):

 

8517.62

- - Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus:

 

8517.62.10

- - - Radio transmitters and radio receivers of a kind used for simultaneous interpretation at multilingual conferences

Products with at least one of the features: IP security; channel security.

 

- - - Units of automatic data processing machines other than units of heading 84.71:

 

8517.62.21

- - - - Control and adaptor units, including gateways, bridges and routers

Products with at least one of the features: IP security; channel security.

8517.62.29

- - - - Other

Products with at least one of the features: IP security; channel security.

8517.62.30

- - - Telephonic or telegraphic switching apparatus

Products with at least one of the features: IP security; channel security.

 

- - - Apparatus for carrier-current line systems or for digital line systems:

 

8517.62.41

- - - - Modems including cable modems and modem cards

Products with at least one of the features: IP security; channel security.

8517.62.42

- - - - Concentrators or multiplexers

Products with at least one of the features: IP security; channel security.

8517.62.49

- - - - Other

Products with at least one of the features: IP security; channel security.

 

- - - Other transmission apparatus incorporating reception apparatus:

 

8517.62.51

- - - - Wireless LANs

Products with at least one of the features: IP security; channel security.

8517.62.52

- - - - Transmission and reception apparatus of a kind used for simultaneous interpretation at multilingual conferences

Products with at least one of the features: IP security; channel security.

8517.62.53

- - - - Other transmission apparatus for radio-telephony or radio-telegraphy

Products with at least one of the features: IP security; channel security.

8517.62.59

- - - - Other

Products with at least one of the features: IP security; channel security.

 

- - - Other transmission apparatus:

 

8517.62.61

- - - - For radio-telephony or radio-telegraphy

Products with at least one of the features: IP security; channel security.

8517.62.69

- - - - Other

Products with at least one of the features: IP security; channel security.

 

- - - Other:

 

8517.62.91

- - - - Portable receivers for calling, alerting or paging and paging alert devices, including pagers

Products with at least one of the features: IP security; channel security.

8517.62.92

- - - - For radio-telephony or radio-telegraphy

Products with at least one of the features: IP security; channel security.

8517.62.99

- - - - Other

Products with at least one of the features: IP security; channel security.

8517.69.00

- - Other

Products with encryption feature.

8517.70

- Parts

 

8517.70.10

- - Of control and adaptor units, including gateways, bridges and routers

Parts of control and adaptor units, and routers with encryption feature.

 

- - Of transmission apparatus, other than radio-broadcasting or television transmission apparatus, or of portable receivers for calling, alerting or paging and paging alert devices, including pagers:

 

8517.70.21

- - - Of cellular telephones

Parts of cellular telephones with encryption feature.

8517.70.29

- - - Other

Parts of products with encryption feature.

 

- - Other printed circuit boards, assembled:

 

8517.70.31

- - - Of goods for line telephony or line telegraphy

Parts of goods for line telephony or line telegraphy with encryption feature.

8517.70.32

- - - Of goods for radio-telephony or radio-telegraphy

Parts of goods for radio-telephony or radio-telegraphy with encryption feature.

8517.70.39

- - - Other

Parts of products with encryption feature.

 

- - Other:

 

8517.70.91

- - - Of goods for line telephony or line telegraphy

Parts of goods for line telephony or line telegraphy with encryption feature.

8517.70.92

- - - Of goods for radio-telephony or radio-telegraphy

Parts of goods for radio-telephony or radio-telegraphy with encryption feature.

8517.70.99

- - - Other

Parts of products with encryption feature.

85.23

Discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37

 

 

- Semiconductor media

 

8523.51

- - Non-rewritable semiconductor media:

 

 

- - - Unrecorded:

 

8523.51.11

- - - - Of a kind suitable for computer use

Products are cryptographic components of PKI systems; stored data security products

8523.51.19

- - - - Other

Products are cryptographic components of PKI systems; stored data security products

 

- - - - Other:

 

 

- - - - Of a kind used for reproducing phenomena other than sound or image:

 

8523.51.21

- - - - - Of a kind suitable for computer use

Products are cryptographic components of PKI systems; stored data security products.

8523.51.29

- - - - - Other

Products are cryptographic components of PKI systems; stored data security products.

8523.51.30

- - - - Other, of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format storage (recorded) media

Products are cryptographic components of PKI systems; stored data security products

 

- - - - Other:

 

8523.51.91

- - - - - Other, containing cinematographic movies other than newsreels, travelogues, technical, scientific movies, and other documentary movies

Products are cryptographic components of PKI systems; stored data security products

8523.51.92

- - - - - Other, of a kind suitable for cinematography

Products are cryptographic components of PKI systems; stored data security products

8523.51.99

- - - - - Other

Products are cryptographic components of PKI systems; stored data security products

8523.52.00

- - “Smart cards”

Products are cryptographic components of PKI systems; stored data security products

85.25

Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders

 

8525.50.00

- Transmission apparatus

Products with at least one of the features: IP security; channel security; wireless security

8525.60.00

- Transceivers

Products with at least one of the features: IP security; channel security; wireless security

85.26

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

 

 

- Other:

 

8526.91

- - Radio navigational aid apparatus

 

8526.91.10

- - - Radio navigational aid apparatus, of a kind for use in civil aircraft, or of a kind used solely on sea-going vessels

Products with wireless security feature.

8526.91.90

- - - Other

Products with wireless security feature.

8526.92.00

- - Radio remote control apparatus

Products with wireless security feature.

85.28

Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus

 

 

- Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus:

 

8528.71

- - Not designed to incorporate a video display or screen:

 

 

- - - Set top boxes which have a communication function:

 

8528.71.11

- - - - Powered by the electrical grid

Products with at least one of the features: IP security; channel security.

8528.71.19

- - - - Other

Products with at least one of the features: IP security; channel security.

 

- - - Other:

 

8528.71.91

- - - - Powered by the electrical grid

Products with at least one of the features: IP security; channel security.

8528.71.99

- - - - Other

Products with at least one of the features: IP security; channel security.

85.29

Parts suitable for use solely or principally with the apparatus of headings 85.25 to 85.28

 

8529.90

- Other:

 

8529.90.20

- - For use with decryption units

Units with encryption feature.

 

- - Other printed circuit boards, fully assembled:

 

8529.90.51

- - - For use with products of subheadings 8525.50 or 8525.60

Units with encryption feature.

85.42

Electronic integrated circuits

 

 

- Electronic integrated circuits:

 

8542.31.00

- - Processors and controllers, whether or not combined with memories, converters, logic circuits, amplifiers, clock and timing circuits, or other circuits

Products are cryptographic components of PKI systems; stored data security products.

8542.32.00

- - Memory cards

Stored data security products.

85.43

Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter

 

8543.70

- Other machines and apparatus:

 

8543.70.20

- - Remote control apparatus, except radio remote control apparatus

Products with wireless security feature.

8543.70.90

- - Other

Products with wireless security feature.

8543.90

- Parts:

 

8543.90.90

- - Other

Units with encryption feature.

 

 

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