Decree 77/2023/ND-CP management of import of remanufactured goods under CPTPP

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Decree No. 77/2023/ND-CP dated November 02, 2023 of the Government on management of the import of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
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Official number:77/2023/ND-CPSigner:Le Minh Khai
Type:DecreeExpiry date:Updating
Issuing date:02/11/2023Effect status:
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Fields:Export - Import

SUMMARY

03 conditions for importeing remanufactured goods into Vietnam under the CPTPP

On November 2, 2023, the Government issues Decree No. 77/2023/ND-CP on the management of import of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Bellows are a number of remarkable contents of this Decree:

1. The remanufactured goods imported into Vietnam must meet 03 conditions:

- Have the import license according to regulations;

- Meet regulations on the rules of origin according to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- Meet relevant regulations of Vietnamese law and specialized laws currently in force to new imported goods of the same type, including, on a caseby-case basis, with regulations on: goods labels, goods quality, standards, technical regulations, energy efficiency, etc.

2. When circulated into the market, on the original label or supplementary label of remanufactured goods, the phrase "remanufactured goods" must be displayed in Vietnamese in a position and in a size that can be seen and read with the naked eye.

3. The remanufacturing code has a maximum validity period of 5 years from the date of issue. The remanufacturing codes are issued to the remanufacturing enterprises or the brand owners who can prove their remanufacturing capacity, warranty policy and right to use the brand.

This Decree takes effect from January 1, 2024.

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THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 77/2023/ND-CP

 

Hanoi, November 2, 2023

DECREE

On management of the import of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership[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. 72/2018/QH14 of November 12, 2018, ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and related documents;

In furtherance of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed on March 8, 2018;

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 Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the management of the import of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP Agreement).

2. This Decree applies only to the import of remanufactured goods under the CPTPP Agreement which are of the same category as used goods banned from import into Vietnam in accordance with law.

3. 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 CPTPP Agreement.

Article 3. Interpretation of terms

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

1. Recovered material means one or more than one separate part which is (i) removed from used goods and then (ii) cleaned, tested, inspected or otherwise processed or repaired as necessary to ensure that it is in good working condition, sturdy and safe.

2. Remanufactured good means a product which:

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

b/ Is entirely or partially composed of recovered materials; 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 policy similar to that applicable to such a good when new.

3. 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.

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

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

6. Remanufacturing capacity means the capacity to produce remanufactured goods that meet the criteria specified in Clause 2 of this Article.

7. 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.

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

Chapter II

REMANUFACTURED GOODS

Article 4. List of remanufactured goods

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. The application of the columns “Commodity code” and “Commodity description” in Appendices I, II, II, IV, and V 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 imported remanufactured goods

1. To be imported into Vietnam, remanufactured goods must meet the following conditions:

a/ Being accompanied by an import license according to this Decree.

b/ Complying with regulations on rules of origin under the CPTPP Agreement.

c/ Complying with relevant regulations of Vietnam’s law and specialized laws currently applicable to imported brand-new goods of the same category, including, as the case may be, regulations on goods labeling; product quality; standards and technical regulations; energy efficiency; radiation safety; cyberinformation security; measurement; environmental protection; and intellectual property rights protection; and other regulations.

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

Chapter III

REMANUFACTURING CODES

Article 6. 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 policy 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 7. Dossiers of application for remanufacturing codes

1. A remanufacturing enterprise or trademark owner (below referred to as applying enterprise) shall send 1 dossier of application for a remanufacturing code 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 (1 original), made according to the form provided in Appendix VI to this Decree.

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 CPTPP Agreement 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).

Article 8. Requirements on explanatory documents on remanufacturing 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 9. Requirements on explanatory documents on remanufactured goods’ satisfaction of the rules of origin under the CPTPP Agreement

An explanatory document on remanufactured goods’ satisfaction of the rules of origin under the CPTPP Agreement must at least:

1. Present the rules of origin applicable to remanufactured goods of the categories registered for import into Vietnam under the CPTPP Agreement.

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 10. Requirements on commitments to providing warranty and maintenance services for remanufactured goods

A commitment to providing warranty and maintenance services for 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 the 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 papers or warranty 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 11. 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 12. Procedures for granting a remanufacturing code

1. In case the dossier is incomplete or invalid, within 7 working 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 case an applying enterprise registers a list composed of only remanufactured goods specified in Appendix IV to this Decree, within 90 days after receiving a complete and valid dossier as prescribed, the Ministry of Industry and Trade shall appraise the dossier and grant a remanufacturing code to the applying enterprise. In case of refusal, it shall issue a written reply, clearly stating the reason.

3. In case an applying enterprise registers a list composed of remanufactured goods specified in Appendix I, II, III or V to this Decree, within 7 working days after receiving a complete and valid dossier as prescribed, the Ministry of Industry and Trade shall send the dossier to the concerned line ministry to seek 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 working 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.

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 13. Physical inspection of remanufacturing facilities

1. The Ministry of Industry and Trade and the concerned line ministry have the right to request physical inspection of a remanufacturing facility before granting a remanufacturing code in case there is 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 of Industry and Trade shall notify the request for physical inspection of the remanufacturing facility using a paper form (or online, if possible) to the applying enterprise or to the enterprise having been granted a remanufacturing code, in case of physical inspection of the remanufacturing facility after granting a remanufacturing code.

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

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

5. Within 15 working days after the inspection finishes, the ministry in charge of the inspection shall notify the inspection results to the applying enterprise or the enterprise having been granted a remanufacturing code, using a paper form (or online, if possible). A copy of this 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 grant of 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  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 results shall not be included in the time limit for dossier appraisal.

Article 14. Extension of validity period of remanufacturing codes

1. An enterprise that wishes to extend the validity period of its remanufacturing code shall submit an application for extension of the validity period of the remanufacturing code, made according to the form provided in Appendix VII or VIII 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 working 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 15 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 15 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 15. 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 send a dossier of request for modification or supplementation of information by post (or online, if possible) to the Ministry of Industry and Trade. A dossier must comprise:

a/ A request for modification or supplementation of information (1 original), made according to the form provided in Appendix IX 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 case the dossier of request for modification or supplementation of information is only related to the goods specified in Appendix IV to this Decree and the modification or supplementation of information does not affect the remanufacturing capacity, warranty policy and the right to use trademarks, within 7 working days after receiving a valid dossier, the Ministry of Industry and Trade shall issue a written approval of the request for modification or supplementation of information.

3. In case the request for modification or supplementation of information is  related to the goods specified in Appendix I, II, III or V to this Decree, within 7 working 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 working 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 policy and the right to use trademarks, within 7 working 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.

4. In case the Ministry of Industry and Trade or the line ministry finds that the modification or supplementation of information is likely to affect the remanufacturing capacity, warranty policy or the right to use trademarks of the enterprise having been granted a remanufacturing code, within 7 working 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 capacity re-evaluation in paper form (or online, if possible) to the enterprise having been granted a remanufacturing code.

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

6. During the process of re-evaluating 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 3, Article 16 of this Decree.

Article 16. Temporary invalidation and revocation of remanufacturing codes

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

a/ The applying enterprise provides incorrect information in the dossier of application for a remanufacturing code, 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 3 of this Article.

c/ The enterprise having been granted the remanufacturing code fails to maintain the remanufacturing capacity, warranty policy or the right to use trademarks as stated in the dossier of application for a remanufacturing code.

d/ Remanufactured goods registered for import into Vietnam by the enterprise having been granted the remanufacturing code systematically violate the regulations stated at Point c, Clause 1, Article 5 of this Decree.

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

e/ The enterprise having been granted the remanufacturing code or the warranty and maintenance facility refuses to provide warranty or maintenance services for the remanufactured goods.

g/ The enterprise having been granted the remanufacturing code requests the revocation of the remanufacturing code.

h/ 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 the authority of the host country.

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

3. 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 the regulations stated at Point c, Clause 1, Article 5 of this Decree 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.

4. The license for import of remanufactured goods shall cease to be effective in case the remanufacturing code is temporarily invalidated or revoked.

5. In case the goods have been loaded on means of transport before the date the remanufacturing code is temporarily invalidated or revoked under Point b, c, dd or g, Clause 1, and Clause 3, Article 16 of this Decree:

a/ The importing trader shall send a written request to the licensing agency specified in Clause 1, Article 17 of this Decree for the latter to consider and decide on the import of the shipment. Such a request must clearly state: the reason for requesting permission for import while the manufacturing code is temporarily invalidated or revoked (accompanied by documents proving that the goods have been loaded on means of transport before the date the remanufacturing code is temporarily invalidated or revoked; and the license for import of remanufactured goods that has been granted to the shipment).

b/ Within 7 working 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.

6. The Ministry of Industry and Trade shall notify the licensing agencies and customs offices immediately after issuing decisions on grant, modification or supplementation, temporary invalidation or revocation of remanufacturing codes so as to ensure management by related agencies. 

7. The Ministry of Finance, the Ministry of Information and Communications, the Ministry of Health, the Ministry of Transport, and the Ministry of Agriculture and Rural Development shall promptly notify the Ministry of Industry and Trade of any violations of regulations on conditions for import of remanufactured goods for coordination in handling and consideration of temporary invalidation and revocation of remanufacturing codes.

 

Chapter IV

LICENSES AND PROCEDURES FOR IMPORT OF REMANUFACTURED GOODS

Article 17. Licenses for import of remanufactured goods

1. Remanufactured goods may only be imported into Vietnam after being granted licenses by line ministries as assigned in Appendices I, II, III, IV and V to this Decree (below referred to as licensing agencies).

2. Licenses for import of remanufactured goods include:

a/ Shipment-based import licenses.

b/ Definite-term import licenses.

3. Shipment-based import licenses shall be granted for remanufactured goods upon their first imports into Vietnam.

4. For remanufactured goods having the same name, same category and same commodity code and belonging to the same enterprise having been granted a remanufacturing code, after 3 times of granting shipment-based import licenses (for a single importing trader or multiple importing traders), the definite-term import licensing regime shall apply.

5. Licensing agencies shall provide for the validity period of definite-term import licenses, which must not be shorter than 12 months.

6. The quantity of remanufactured goods imported under definite-term import licenses shall not be limited during the validity period of the licenses.

7. The shipment-based import licensing regime shall be re-applied when:

a/ The period of temporary invalidation of remanufacturing codes has expired.

b/ The enterprises having been granted remanufacturing codes have these codes revoked and then re-granted.

8. For the cases mentioned in Clause 7 of this Article, the definite-term import licensing regime shall be applied after at least 10 times of granting shipment-based import licenses (for a single importing trader or multiple importing traders) for the same category of remanufactured goods (having the same name, category and commodity code) and belonging to the same enterprise having been granted a remanufacturing code).

Article 18. Documents and procedures for granting a license for import of remanufactured goods

1. Depending on the assignment of management responsibilities in Appendices I, II, III, IV and V of this Decree, importing traders shall send 1 dossier of application for a license for import of remanufactured goods by post (or online, if possible) to the licensing agency. Such a dossier must comprise:

a/ An application for a license for import of remanufactured goods (1 original), made according to the form provided in Appendix X to this Decree.

b/ Investment certificate or business registration certificate or enterprise registration certificate (1 copy certified by the trader).

c/ A document (1 original) made by an enterprise having 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, 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 granted the remanufacturing code).

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

2. In case the import of brand-new goods of the same category as remanufactured goods is managed under the licensing regime or another regime that requires pre-import approval or acknowledgment of the management agencies, the trader shall additionally submit other documents and proofs required by that management regime, if any.

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

4. Within 15 working days after receiving a complete dossier, the licensing agency shall consider and grant a license for import of remanufactured goods to the trader. In case of refusal to grant a license, it shall issue a written reply, clearly stating the reason.

5. In case the import of brand-new goods of the same category as remanufactured goods is managed under the licensing regime or another regime that requires pre-import approval or acknowledgment of the management agencies and provides for a time limit for processing dossiers longer than the time limit stated in Clause 4 of this Article, the longer time limit shall apply.

Article 19. Procedures for import of remanufactured goods

In addition to customs procedures as prescribed, traders importing remanufactured goods shall submit or present to customs offices the following documents:

1. Documents certifying the origin of goods under the CPTPP Agreement (to be submitted or presented as prescribed by law).

2. A license for import of remanufactured goods or document permitting import of remanufactured goods in case remanufacturing codes have been temporarily invalidated or revoked (to present the original).

3. Other necessary documents as prescribed by Vietnam’s law and specialized laws applicable to brand-new goods of the same categories when carrying out import customs procedures (to be submitted or presented as prescribed by law).

Article 20. Responsibilities of traders importing remanufactured goods

1. To comply with the provisions of Vietnam’s law currently applicable to imported brand-new goods of the same categories, including, as the case may be, regulations on 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 organize working 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 or send by post reports on import of remanufactured goods under the CPTPP Agreement in the previous year, made according to the form provided in Appendix XI to this Decree, to licensing agencies and the Ministry of Industry and Trade.

 

Chapter V

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 21. Organization of implementation

1. The Ministry of Industry and Trade shall grant remanufacturing codes and licenses for import of remanufactured goods as assigned; guide and inspect the import of remanufactured goods under its management; and study and build a database on enterprises having been granted remanufacturing codes to serve management purposes.

2. The Ministry of Information and Communications, the Ministry of Health, the Ministry of Transport, and the Ministry of Agriculture and Rural Development shall grant licenses for import of remanufactured goods as assigned; and guide and inspect the import of remanufactured goods under their management.

3. The Ministry of Finance shall guide the inspection of origin of imported remanufactured goods when carrying out customs procedures in accordance with law.

Article 22. Effect

1. This Decree takes effect on January 1, 2024.

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.


[1] Công Báo Nos 1141-1142 (20/11/2023)

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Decree 77/2023/NĐ-CP PDF

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