Decree 66/2024/ND-CP management of the import of remanufactured goods under Free Trade Agreement Vietnam - European Union

DECREE

On management of the import of remanufactured goods under the Decrees on management of the import of remanufactured goods under the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and the Free Trade Agreement between the Socialist Republic of Vietnam and United Kingdom of Great Britain and Northern Ireland^[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 April 9, 2016 Law on Treaties;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the National Assembly’s Resolution No. 102/2020/QH14 of June 8, 2020, ratifying the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union;

In furtherance of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on management of the import of remanufactured goods under the Decrees on management of the import of remanufactured goods under the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the management of the import of remanufactured goods under the Decrees on management of the import of remanufactured goods under the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA) and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA).

2. This Decree does not apply to the import of remanufactured goods for national defense and security purposes.

Article 2. Subjects of application

This Decree applies to remanufacturing enterprises, remanufacturing facilities, trademark owners, traders importing remanufactured goods, and agencies, organizations and individuals engaged in the import of remanufactured goods under the EVFTA and UKVFTA.

Article 3. Interpretation of terms

In this Decree, the terms below shall be construed as follows:

1. Remanufactured good means a product which:

a/ Is listed by commodity code in Appendices I, II, III, IV, V, VI and VII to this Decree; and,

b/ Is entirely or partially composed of used products; and,

c/ Has a life expectancy similar to that of such a good when new; and,

d/ Performs all the functions as those of such a good when new, with the quality and performance unchanged or similar to those of such a good when new; and,

dd/ Has a warranty and maintenance policy similar to that applicable to such a good when new.

2. Remanufacturing enterprise means an enterprise established and registered to operate in a foreign country, playing the major role in organizing the production of remanufactured goods and implementing procedures to put remanufactured goods into circulation.

3. Trademark owner means an organization or individual that legally owns the trademark of an original good or of the good of which remanufactured goods are used as parts, components or spare parts.

4. Remanufacturing facility means a place where one or more than one stage of producing remanufactured goods is carried out.

5. Remanufacturing capacity means the capacity to produce remanufactured goods that meet the criteria specified in Clause 1 of this Article.

6. Commodity code means the classification code of goods according to the Harmonized Commodity Description and Coding System issued by the World Customs Organization and shown in Vietnam’s Nomenclature of Imports and Exports.

7. New good of the same type means a good having the same name, description and commodity code with the manufactured good in question.

8. Original good means a good before undergoing the recovery or remanufacturing process.

Chapter II

REMANUFACTURED GOODS UNDER THE EVFTA AND UKVFTA

Article 4. Lists of remanufactured goods under the EVFTA and UKVFTA

1. To issue the List of remanufactured goods under the management of the Ministry of Information and Communications in Appendix I to this Decree.

2. To issue the List of remanufactured goods under the management of the Ministry of Health in Appendix II to this Decree.

3. To issue the List of remanufactured goods under the management of the Ministry of Transport in Appendix III to this Decree.

4. To issue the List of remanufactured goods under the management of the Ministry of Industry and Trade in Appendix IV to this Decree.

5. To issue the List of remanufactured goods under the management of the Ministry of Agriculture and Rural Development in Appendix V to this Decree.

6. To issue the List of remanufactured goods under the management of the Ministry of Labor, Invalids and Social Affairs in Appendix VI to this Decree.

7. To issue the List of remanufactured goods under the management of the Ministry of Science and Technology in Appendix VII to this Decree.

8. The application of the columns “Commodity code” and “Commodity description” in Appendices I, II, II, IV, V, VI and VII to this Decree must comply with Vietnam’s Nomenclature of Imports and Exports and legal documents amending and supplementing Vietnam’s Nomenclature of Imports and Exports.

Article 5. Conditions on remanufactured goods to be imported

1. Remanufactured goods to be imported must meet the following conditions:

a/ Being accompanied by a certificate of eligibility for being regarded as remanufactured goods under the EVFTA and UKVFTA issued by a licensing agency according to this Decree.

b/ Complying with regulations on rules of origin under the EVFTA and UKVFTA.

2. When remanufactured goods are put into circulation on the market, their original label or secondary label must display the phrase “Hàng hóa tân trang” (Remanufactured goods) in Vietnamese of a size and in a position that make it visible and legible to the naked eye.

Article 6. Principles for management of remanufactured goods under the EVFTA and UKVFTA

To apply the law on foreign trade management, commercial law, specialized laws, tax and customs laws, and other laws to remanufactured goods that meet the conditions specified in Article 5 of this Decree as applicable to new goods of the same type imported into Vietnam.

Chapter III

REMANUFACTURING CODES

Article 7. Remanufacturing codes

1. A remanufacturing code is an identification code granted by the Ministry of Industry and Trade to a remanufacturing enterprise or an institutional trademark owner.

2. Remanufacturing codes shall be granted to remanufacturing enterprises or trademark owners that can prove their remanufacturing capacity, warranty and maintenance policy, origin of goods, and right to use trademarks in accordance with this Decree.

3. A remanufacturing code shall be valid for at most 5 years from the date of grant.

Article 8. Dossiers of application for remanufacturing codes

1. A remanufacturing enterprise or trademark owner (below collectively referred to as applying enterprise) shall hand-deliver 1 dossier of application for a remanufacturing code or send it by post or online (if possible) to the Ministry of Industry and Trade.

2. A dossier of application for a remanufacturing code must comprise:

a/ An application for a remanufacturing code, made according to the form provided in Appendix VIII to this Decree (1 original).

b/ The applying enterprise’s business registration certificate or another document of equivalent validity (1 copy enclosed with 1 Vietnamese translation if the document is made in a language other than Vietnamese; both the copy and its Vietnamese translation must be certified by the applying enterprise).

c/ An explanatory document on remanufacturing capacity for remanufactured goods of each commodity code registered for import into Vietnam (1 original in English and 1 Vietnamese translation; both must be signed by the person undersigning the application).

d/ An explanatory document on satisfaction of the rules of origin under the EVFTA and UKVFTA for remanufactured goods of each commodity code registered for import into Vietnam (1 original in English and 1 Vietnamese translation; both must be signed by the person undersigning the application).

dd/ A commitment to applying to the manufactured goods a warranty and maintenance policy similar to that applicable to such goods when new, for remanufactured goods of each commodity code registered for import into Vietnam (1 original in English and 1 Vietnamese translation; both must be signed by the person undersigning the application).

e/ The trademark owner’s document allowing the remanufactured good to use the trademark of the original good or to be used for the good of which the trademark is under its/his/her ownership in case the remanufactured good is a part, component or spare part (1 original in English and 1 Vietnamese translation; both must be signed by an authorized representative of the trademark owner).

g/ Documents proving that medical equipment-manufacturing facilities meet the Good Refurbishment Practice (GRP) guidelines or meet other regulations, technical regulations and standards applicable to remanufacturing facilities under the law of the host country: To be applied only to case of refurbishment of medical equipment.

Article 9. Requirements on explanatory documents on manufacturing capacity

An explanatory document on remanufacturing capacity must at least:

1. Clearly and fully explain the technology, method, machinery, equipment, parts, components and spare parts used in the remanufacturing process to the extent that based on this explanation, persons having an average knowledge in the respective technical field can understand and evaluate the results of the remanufacturing process.

2. Clearly and fully explain the quality inspection process to prove that the remanufactured goods have been objectively, honestly and thoroughly inspected and tested to achieve technical specifications and quality criteria equivalent to those of such goods when new. Any accompanying quality certificates must, if made in a language other than Vietnamese, be translated into Vietnamese and the translations must be certified by the applying enterprise.

3. Clearly and fully explain the reasons why the applying enterprise believes that the remanufactured goods have a life expectancy similar to that of such goods when new and can perform all functions as those of such goods when new, with unchanged or equivalent quality and performance.

4. Indicate special precautions for the transportation, handling, storage, use and disposal of the remanufactured goods if these precautions have been applied to such goods when new.

5. Be accompanied by (color) images of the remanufactured goods.

Article 10. Requirements on explanatory documents on remanufactured goods’ satisfaction of the rules of origin under the EVFTA and UKVFTA

An explanatory document on remanufactured goods’ satisfaction of the rules of origin under the EVFTA and UKVFTA must at least:

1. Present the rules of origin applicable to remanufactured goods of the categories registered for import into Vietnam under the EVFTA and UKVFTA.

2. Present the reasons why the applying enterprise believes that the remanufactured goods satisfy the rules of origin stated in Clause 1 of this Article.

Article 11. Requirements on commitments to applying warranty and maintenance policy to remanufactured goods

A commitment to applying warranty and maintenance policy to remanufactured goods must at least:

1. Clearly and fully commit to applying to the manufactured goods a warranty and maintenance policy similar to that applicable to such goods when new.

2. Be accompanied by relevant documents to prove the commitment stated in Clause 1 of this Article, such as a list of warranty and maintenance facilities for remanufactured goods in Vietnam, accompanied by a written acceptance of the warranty and maintenance for the remanufactured goods by each warranty and maintenance facility (if this regulation is applicable to such goods when new); and warranty and maintenance papers or cards of such goods when new. If these documents are made in a language other than Vietnamese, they must be translated into Vietnamese and the translations must be certified by the applying enterprise.

Article 12. Requirements on the trademark owner’s document allowing the remanufactured good to use the trademark of the original good or to be used for the good of which the trademark is under its/his/her ownership

The trademark owner’s document stated in this Article must at least:

1. Prove the ownership of the trademark. If the proving document is made in a language other than Vietnamese, it must be translated into Vietnamese and the translation must be certified by an authorized representative of the trademark owner.

2. Clearly, fully and unmistakably express the trademark owner’s agreement to the use of the original good’s trademark by the remanufactured good stated in the application for a remanufacturing code and by the applying enterprise, or to the use of the remanufactured good as a part, component or spare part of the good of which the trademark is under its/his/her ownership, if the remanufactured good is a part, component or spare part.

Article 13. Procedures for granting a remanufacturing code

1. In case the dossier of application for a remanufacturing code is incomplete or invalid, within 7 days after receiving it, the Ministry of Industry and Trade shall send a notice in paper form (or online, if possible) to the applying enterprise for the latter to supplement and complete the dossier.

2. In cases other than those specified in Clause 3 of this Article, within 7 days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall send the dossier to the concerned line ministry to seek the latter’s appraisal opinions.

Within 90 days after receiving the Ministry of Industry and Trade’s official letter requesting its appraisal opinions, the line ministry shall appraise the dossier and reply in writing the Ministry of Industry and Trade whether it agrees or disagrees to the grant of a remanufacturing code. In case of disagreement to the grant of a remanufacturing code, the line ministry shall clearly state the reason.

Within 7 days after receiving the written reply from the line ministry, the Ministry of Industry and Trade shall grant a remanufacturing code or issue a written refusal to grant a code, clearly stating the reason.

3. In case an applying enterprise registers a list composed of only the remanufactured goods specified in Appendix IV to this Decree, within 90 days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall appraise the dossier and grant a remanufacturing code to the applying enterprise. In case of refusal to grant a code, it shall issue a written reply, clearly stating the reason.

4. In case the Ministry of Industry and Trade or the line ministry requests the applying enterprise to supplement information, the period from the time of sending the request for supplementation of information to the time of receiving valid supplementary information shall not be included in the time limit for dossier appraisal.

Article 14. Physical inspection of remanufacturing facilities

1. The Ministry of Industry and Trade and the concerned line ministry shall request physical inspection of a remanufacturing facility before granting a remanufacturing code in case there is a doubt about the authenticity of the dossier of application for a remanufacturing code, or after granting a remanufacturing code on the basis of applying risk management or when detecting that the enterprise having been granted a remanufacturing code shows signs of committing violations of law.

2. The ministry that requests the physical inspection of the remanufacturing facility shall take charge of the inspection.

3. The ministry in charge of the inspection shall send a notice of physical inspection of the remanufacturing facility in paper form (or send it online, if possible) to the enterprise applying for a manufacturing code or the enterprise having been granted a remanufacturing code, in case of physical inspection of the remanufacturing facility after granting a remanufacturing code. A copy of such notice shall be sent to the Ministry of Industry and Trade, in case the ministry in charge of the inspection is a line ministry.

4. The ministry in charge of the inspection and the enterprise applying for a manufacturing code or the enterprise having been granted a remanufacturing code shall agree on the time to start the inspection.

5. Within 15 days after the inspection finishes, the ministry in charge of the inspection shall send a notice of inspection result in paper form (or send it online, if possible) to the enterprise applying for a remanufacturing code or the enterprise having been granted a remanufacturing code. A copy of such notice shall be sent to the Ministry of Industry and Trade in case the ministry in charge of the inspection is a line ministry.

6. In case the physical inspection takes place before the enterprise in question is granted a remanufacturing code or before the approval of the request for modification or supplementation of information on the enterprise having been granted a remanufacturing code or before the approval of the request for extension of validity period of a remanufacturing code together with modification or supplementation of information on the enterprise having been granted the remanufacturing code, the period from the time of notifying the request for inspection to the time of notifying the inspection result shall not be included in the time limit for dossier appraisal.

Article 15. Extension of validity period of remanufacturing codes

1. An enterprise that wishes to have the validity period of its remanufacturing code extended shall hand-deliver or send by post or online (if possible) an application for extension of the validity period of a remanufacturing code, made according to the form provided in Appendix IX or X to this Decree, to the Ministry of Industry and Trade at least 90 days before the remanufacturing code expires.

2. The time limit for processing an application for extension of the validity period of a remanufacturing code is 7 days in case of application for extension of the validity period without modification or supplementation of information in the granted manufacturing code.

3. In case of applying for extension of the validity period of a remanufacturing code together with modification or supplementation of information therein, the enterprise shall additionally submit the documents specified at Points b and c, Clause 1, Article 16 this Decree. The procedures for processing an application for extension of the validity period of a remanufacturing code in this case are the same as those in the case of modification and supplementation of information on the enterprise having been granted a remanufacturing code specified in Clauses 2, 3, 4, 5 and 6, Article 16 of this Decree.

4. A remanufacturing code shall be valid for at most 5 years from the date the Ministry of Industry and Trade approves the application for extension of its validity period.

Article 16. Modification and supplementation of information on enterprises having been granted remanufacturing codes

1. After an enterprise is granted a remanufacturing code, if there is a change in the information in its dossier of application for a remanufacturing code, the enterprise shall hand-deliver 1 dossier of request for modification or supplementation of information or send it by post or online (if possible) to the Ministry of Industry and Trade within 30 days from the date of occurrence of the change. A dossier must comprise:

a/ A request for modification or supplementation of information (1 original), made according to the form provided in Appendix XI to this Decree.

b/ An explanatory document on the request for modification or supplementation of information (1 original in English and 1 Vietnamese translation; both must be signed by an authorized representative of the enterprise).

c/ Copies of supporting documents for the explanatory document, if any (1 copy of each document accompanied by its Vietnamese translation; both must be certified by an authorized representative of the enterprise).

2. In cases other than those specified in Clause 3 of this Article, within 7 days after receiving a valid dossier, the Ministry of Industry and Trade shall send the dossier to the concerned line ministry to seek the latter’s opinions.

Within 10 days after receiving the dossier from the Ministry of Industry and Trade, the line ministry shall issue a written reply to the Ministry of Industry and Trade. If the line ministry concludes that the modification or supplementation of information does not affect the remanufacturing capacity, warranty and maintenance policy, origin of goods, and the right to use trademarks, within 7 days after receiving the written reply of the line ministry, the Ministry of Industry and Trade shall issue a written notice of approval of the request for modification or supplementation of information.

3. In case the dossier of request for modification or supplementation of information only relates to Appendix IV to this Decree and the modification or supplementation of information does not affect the remanufacturing capacity, warranty and maintenance policy, origin of goods, and the right to use trademarks, within 10 days after receiving a valid dossier, the Ministry of Industry and Trade shall issue a written notice of approval of the request for modification or supplementation of information.

4. In case the modification or supplementation of information is likely to affect the remanufacturing capacity, warranty and maintenance policy, origin of goods, or the right to use trademarks of the enterprise having been granted a remanufacturing code, within 10 days after receiving a valid dossier or after receiving the written reply of the line ministry, the Ministry of Industry and Trade shall send a notice of re-appraisal of capacity in paper form (or send it online, if possible) to the enterprise having been granted a remanufacturing code.

5. The re-appraisal of capacity of an enterprise having been granted a remanufacturing code shall be carried out according to the process of appraisal when granting a remanufacturing code.

6. During the process of re-appraising capacity of an enterprise having been granted a remanufacturing code, the Ministry of Industry and Trade may temporarily invalidate the remanufacturing code according to Clause 5, Article 17 of this Decree.

Article 17. Temporary invalidation and revocation of remanufacturing codes

1. The Ministry of Industry and Trade shall revoke a granted remanufacturing code in the following cases:

a/ The enterprise applying for a remanufacturing code provides incorrect information in the remanufacturing code application dossier, seriously affecting the process of appraisal and grant of the remanufacturing code.

b/ The enterprise having been granted the remanufacturing code fails to carry out the procedures for modification or supplementation of information as prescribed within 30 days from the date the remanufacturing code is temporarily invalidated under Point c, Clause 5 of this Article.

c/ The enterprise having been granted the remanufacturing code fails to maintain the remanufacturing capacity, warranty and maintenance policy or the right to use a trademark as stated in the remanufacturing code application dossier or the enterprise having been granted the remanufacturing code or its warranty and maintenance facility refuses to provide warranty and maintenance services for the remanufactured goods.

d/ The remanufactured goods registered for import into Vietnam by the enterprise having been granted the remanufacturing code violates specialized laws and other relevant laws currently applicable to imported brand-new goods of the same category for the second time.

dd/ The enterprise applying for a remanufacturing code or the enterprise having been granted the remanufacturing code does not cooperate with related agencies during physical inspection of its remanufacturing facility or re-evaluation of capacity, for enterprises having been granted remanufacturing codes.

e/ The remanufacturing code is revoked at the request of the enterprise having been granted the code.

g/ The enterprise having been granted the remanufacturing code dissolves, goes bankrupt or has its business registration certificate or another document of equivalent validity revoked by an authority of the host country.

2. For the case specified at Point e, Clause 1 of this Article, the enterprise having been granted the remanufacturing code shall hand-deliver, send by post or submit online (if possible) 1 dossier of request for revocation of the remanufacturing code to the Ministry of Industry and Trade, which must comprise a written request for revocation of the remanufacturing code (clearly stating the reason); and a document on grant of the remanufacturing code (the original).

Within 7 days after receiving the enterprise’s request, the Ministry of Industry and Trade shall issue a decision on revocation of the remanufacturing code.

3. The revocation of remanufacturing codes must comply with the Minister of Industry and Trade’s decisions. Such decisions must clearly state the reasons for revocation of the remanufacturing codes.

Except the case specified at Point e, Clause 1 of this Article, within 7 days after receiving the decision on revocation of a remanufacturing code, the enterprise having been granted the remanufacturing code shall hand-deliver, send by post or submit online (if possible) the original document on grant of the remanufacturing code to the Ministry of Industry and Trade.

4. In case an enterprise having been granted a remanufacturing code has its remanufacturing code revoked under Point a, b, d, dd or g, Clause 1 of this Article, the Ministry of Industry and Trade shall not consider re-granting the remanufacturing code to that enterprise.

5. The Ministry of Industry and Trade shall consider temporarily invalidating a remanufacturing code in the following cases:

a/ To prevent irreparable risks that are likely to arise during the process of re-evaluation of capacity of the enterprise having been granted the remanufacturing code or during the physical inspection of the remanufacturing facility after the remanufacturing code is granted.

b/ The remanufactured good violates specialized laws and other relevant laws currently applicable to imported brand-new goods of the same category for the first time.

c/ The enterprise having been granted the remanufacturing code fails to carry out procedures for modification and supplementation of information as prescribed.

6. The temporary invalidation of remanufacturing codes must comply with the Minister of Industry and Trade’s decisions. Such decisions must clearly state the reasons for temporarily invalidating the remanufacturing codes.

7. Effective period of decisions on temporary invalidation of remanufacturing codes

a/ For the case specified at Point a, Clause 5 of this Article, based on the result of re-evaluation of the enterprise’s capacity or physical inspection of the remanufacturing facility, the Ministry of Industry and Trade shall issue a decision on cancelation of the decision on temporary invalidation of the remanufacturing code or issue a decision on revocation of the remanufacturing code under Clause 1 of this Article.

b/ For the cases specified at Point b and c, Clause 5 of this Article, decisions on temporary invalidation of remanufacturing codes shall be effective within 30 days after its issuance date.

8. The Ministry of Industry and Trade shall notify line ministries and customs offices right after issuing decisions on grant, modification, supplementation, temporary invalidation, or revocation of remanufacturing codes and decisions on cancellation of decisions on temporary invalidation of remanufacturing codes to serve management work.

9. The Ministry of Finance, Ministry of Information and Communications, Ministry of Health, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Labor, Invalids and Social Affairs, and Ministry of Science and Technology shall promptly notify the Ministry of Industry and Trade of violations of regulations on conditions for imported remanufactured goods and other regulations in this Decree for coordinated handling and consideration of temporary invalidation or revocation of remanufacturing codes.

10. Certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA shall expire when the remanufacturing codes are temporarily invalidated or revoked.

11. In case goods have been loaded on means of transport before the remanufacturing code is temporarily invalidated or revoked under Point b, c, dd, or e, Clause 1, or Clause 5, Article 17 of this Decree:

a/ The importing trader shall hand-deliver, send by post or submit online (if possible) 1 dossier to the licensing agency specified in Clause 1, Article 18 of this Decree. Such a dossier must comprise a request for consideration and decision on the import of the shipment, clearly stating the reason for requesting permission for import of the goods while the manufacturing code is temporarily invalidated or revoked; documents proving that the goods have been loaded on means of transport before the remanufacturing code is temporarily invalidated or revoked; and a certificate of eligibility as remanufactured goods under the EVFTA and UKVFTA that has been previously granted to the shipment.

b/ Within 7 days after receiving the importing trader’s dossier, the licensing agency shall consider and issue a written reply to the trader. In case of disallowing the import, the licensing agency shall issue a written reply, clearly stating the reason.

Chapter IV

CERTIFICATES OF ELIGIBILITY AS REMANUFACTURED GOODS UNDER THE EVFTA AND UKVFTA AND IMPORT PROCEDURES FOR REMANUFACTURED GOODS

Article 18. Certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA

1. Ministries as assigned in Appendices I, II, III, IV, V, VI and VII to this Decree (below referred to as licensing agencies) shall grant certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA.

2. Certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA include 2 types:

a/ Shipment-based certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA.

b/ Definite-term certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA.

3. Remanufactured goods having the same name, description, type, brand and commodity code and belonging to the same enterprise having been granted a remanufacturing code shall, after 3 times of being granted shipment-based certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA (for a single importing trader or multiple importing traders), be granted definite-term certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA.

4. Licensing agencies shall provide the validity period of definite-term certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA, which, however, must not be shorter than 12 months.

5. The quantity of remanufactured goods imported under definite-term certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA shall not be limited during the validity period of the certificates.

6. For enterprises that have their remanufacturing codes temporarily invalidated or revoked, after the period of temporary invalidation expires or the enterprises are re-granted remanufacturing codes, definite-term certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA shall only be granted after at least 10 times of grant of shipment-based certificates (for a single importing trader or multiple importing traders for remanufactured goods of a single category (having the same name, descriptions, type, brand and commodity code) and belonging to the same enterprise having been granted a remanufacturing code).

Article 19. Dossiers and procedures for grant of certificates of eligibility as remanufactured goods under the EVFTA and UKVFTA

1. Depending on the assignment of management responsibilities in Appendices I, II, III, IV, V, VI and VII to this Decree, an importing trader shall hand-deliver, send by post or submit online (if possible) 1 dossier of application for a certificate of eligibility as remanufactured goods under the EVFTA and UKVFTA to the relevant licensing agency. Such a dossier must comprise:

a/ An application for a certificate of eligibility as remanufactured goods under the EVFTA and UKVFTA (1 original), made according to the form provided in Appendix XII to this Decree.

b/ A document made by an enterprise having been granted a remanufacturing code, confirming that the remanufactured goods to be imported under the trader’s application are the goods registered by such enterprise when applying for a remanufacturing code (1 original enclosed with its Vietnamese translation if the original is made in a language other than Vietnamese, and signed by an authorized representative of the enterprise having been granted the remanufacturing code).

c/ A report on the import of remanufactured goods under the previously granted certificate (1 original), made according to the form provided in Appendix XIII to this Decree.

2. In case the dossier is incomplete or invalid, within 7 days after receiving it, the licensing agency shall notify such in writing to the trader for supplementation and completion.

3. Within 15 days after receiving a complete and valid dossier, the licensing agency shall consider and grant a certificate of eligibility as remanufactured goods under the EVFTA and UKVFTA to the trader. In case of refusal to grant the license, it shall reply in writing, clearly stating the reason.

Article 20. Dossiers for import of remanufactured goods

1. In addition to a customs dossier as prescribed, a dossier for import of remanufactured goods must comprise:

a/ A proof of origin under the EVFTA and UKVFTA.

b/ A certificate of eligibility as remanufactured goods under the EVFTA and UKVFTA or a document permitting import of remanufactured goods in case the remanufacturing code has been temporarily invalidated or revoked.

c/ Other necessary papers and documents in accordance with the law on foreign trade and specialized laws applicable to brand-new goods of the same category when carrying out import customs procedures.

2. The presentation of the above-said documents to customs offices must comply with the law on customs.

Article 21. Responsibilities of traders importing remanufactured goods

1. To comply with Vietnam’s law currently applicable to imported brand-new goods of the same categories, including, as the case may be, regulations on import policies, commodity policies, tax policies, customs, goods labeling; business conditions; product quality; standards and technical regulations; energy efficiency; radiation safety; cyberinformation security; measurement; environmental protection; and intellectual property rights protection; and other regulations.

2. To be held responsible before law for the accuracy and truthfulness of dossiers and documents presented to competent agencies.

3. To work with and provide documents to licensing agencies and related agencies as requested when these agencies conduct inspection of the implementation of this Decree.

4. Before January 30 every year, to hand-deliver, send by post or submit online (if possible) reports on import of remanufactured goods under the EVFTA and UKVFTA in the previous year, made according to the form provided in Appendix XIII to this Decree, to licensing agencies and the Ministry of Industry and Trade.

Chapter V

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 22. Organization of implementation

1. The Ministry of Industry and Trade, Ministry of Information and Communications, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Labor, Invalids and Social Affairs, and Ministry of Science and Technology shall organize the implementation of this Decree as assigned; and study and develop a roadmap for implementation of administrative procedures in the electronic environment.

2. The Ministry of Industry and Trade shall study the building of a database on enterprises having been granted remanufacturing codes to serve the management thereof.

Article 23. Effect

1. This Decree 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 agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendices to this Decree are not translated.