Directive 17/CT-TTg on import of technologies, machinery, equipment by enterprises

THE PRIME MINISTER

Directive No. 17/CT-TTg of August 9, 2013, strengthening management and control of the import of technologies, machinery and equipment by enterprises

Import of technologies, machinery and equipment to serve production and business operations is necessary and constitutes a frequent activity of enterprises in all sectors. Recently, besides enterprises that have performed this activity in a proper manner, there remain some enterprises, including economic groups and state corporations that have imported old, obsolete and inferior-quality machinery and equipment which fail to meet production and business requirements, leading to higher production cost, causing environmental pollution and reducing competitiveness of enterprises.

The main reason for this situation is that some enterprises have failed to comply with the law on investment and bidding in the course of import of technologies, machinery and equipment; there remain many limitations in the examination, supervision and mechanism of coordination among agencies in state management of the import of technologies, machinery and equipment.

In order to strengthen the effective management and control and promptly rectify the import of technologies, machinery and equipment by enterprises, especially economic groups and state corporations in implementing the Scheme on restructuring of state enterprises, focusing on economic groups and state corporations during 2011-2015, approved under Decision No. 929/QD-TTg of July 17, 2012, the Prime Minister instructs as follows:

1. Enterprises shall strictly comply with the law on investment, bidding, commerce, technology transfer, product and goods quality, etc., in the import of technologies, machinery and equipment to create fixed assets for their production and business.

2. The import of technologies, machinery and equipment must ensure conformity with the requirements set forth the national strategy on goods import and export, national strategy on scientific and technological development, master plans on socio-economic development of localities and regions in each period, master plans on sectoral development, and must satisfy technical and goods quality requirements of investment projects approved by competent agencies.

3. Dossiers of application for investment certificates and dossiers of investment projects must have description and explanation of technologies enclosed with the list of machinery and equipment expected to be imported with main technical parameters and features and be approved by competent agencies before importation.

4. For technologies, machinery and equipment under EPC contracts which have a content on technology transfer, such content must be arranged into a separate section or an  annex enclosed with a list of machinery and equipment with technical parameters and features as required, sources and origins, year of manufacture, used or brand new stage of machinery and equipment.

5. The import of machinery, equipment and technology lines must ensure:

a/ Import of only brand-new machinery, equipment and technology lines with, priority given to import of hi-tech machinery and equipment suitable to approved investment projects, as well as machinery and equipment which are  superior in saving energy and resources, and environment-friendly.

b/ In case of necessity to import used machinery, equipment and technology lines, it is required to satisfy requirements guided by the Ministry of Science and Technology;

c/ No import of machinery, equipment and technology lines that are removed by other countries due to their obsolescence, inferior quality and polluting nature.

6. Organization of implementation:

a/ The Ministry of Science and Technology shall:

- Assume the prime responsibility for, and coordinate with related ministries and sectors in, strictly managing used machinery, equipment and technology lines, and guiding the implementation of this operation;

- Propose technical standards and requirements of machinery and equipment required in bidding dossiers for the Ministry of Planning and Investment to supplement in the law on bidding;

- Assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing inspection and supervision of import of technologies, machinery and equipment by enterprises under current regulation;

- Monitor the implementation and result of implementation of this Directive in ministries, sectors, localities and enterprises, especially economic groups and state corporations; and annually summarize and report the implementation to the Prime Minister.

b/ The Ministry of Planning and Investment shall:

- Study and add compulsory requirement on description and explanation of technologies enclosed with the list of machinery and equipment expected to be imported with main technical parameters and features in dossiers of investment projects for consideration and appraisal in the course of grant of investment certificates; add a content of examination of import of technologies, machinery and equipment of investment projects of enterprises;

- Assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and related ministries and sectors in, appraising the content on technologies, and the list of machinery, equipment and technology lines in investment projects of enterprises.

- Regularly update and publish the list of domestically manufactured machinery, equipment and technology lines.

c/ The Ministry of Finance shall:

- Direct the General Department of Customs, and coordinate with the Ministry of Science and Technology, ministries, sectors, and localities in, preventing the import of used technologies, machinery and equipment in contravention of law;

- Make statistics and send annual reports to the Ministry of Science and Technology on the import of technologies, machinery and equipment by enterprises, economic groups and state corporations, for summarization and reporting to the Prime Minister.

d/ The Ministry of Industry and Trade shall promptly submit to the Government a Decree amending Decree No. 12/2006/ND-CP of January 23, 2006, detailing and guiding the Commercial Law regarding international goods sale and purchase activities and goods sale, purchase, processing and transit agency with foreign countries.

dd/ Ministries and sectors shall promulgate specific regulations on management and control of import of technologies, machinery and equipment according to their assigned function of state management.

e/ Ministers, heads of ministerial-level and government-attached agencies and chairpersons of provincial-level People’s Committees shall proactively guide, urge and control the import of technologies, machinery and equipment of enterprises, for prompt detection and handling of violations in accordance with law.-

Prime Minister
NGUYEN TAN DUNG