Chương I Quyết định 18/2019/QĐ-TTg : Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decision provides for criteria, documentation, procedures for import and inspection of used machinery, equipment and technological lines in HS Chapter 84 and Chapter 85 on the List of exports and imports of Vietnam meant to be imported and used for manufacture in Vietnam and that are not on the lists of goods banned from import compiled by the government, the Prime Minister, Ministries, and ministerial agencies in accordance with regulations laid down in the Government's Decree No. 69/2018/ND-CP dated May 15, 2018.

2. This Decision does not apply to import of used machinery, equipment and technological lines that are:

a) transited or transshipped;

b) under merchanting;

c) temporarily imported for re-export;

d) temporarily imported for re-export in other forms prescribed in Article 15 and temporarily exported for re-import as prescribed in Article 17 of the Government's Decree No. 69/2018/ND-CP dated May 15, 2018 (except for those temporarily imported to serve execution of processing contracts; those imported for manufacturing or execution of construction projects); 

dd) imported to execute maintenance/repair contracts with foreign parties;

e) traded among enterprises in an export-processing zone or free trade zone; liquidated assets sold by enterprises in an export-processing zone to other domestic enterprises;

g) transferred from foreign parties upon the expiration of processing contracts or lease-purchase agreements; repurposed for domestic sale upon the expiration of license for temporary import for execution of construction contracts or in the lease form for execution of processing contracts with foreign parties; transferred among enterprises executing processing contracts for foreign parties;

h) meant to serve research and development and cannot be domestically manufactured; meant to serve national defense and security objectives at the request of relevant Ministries;

i) machinery and equipment on the List of potentially unsafe goods (List of Group 2 goods) issued by relevant Ministries according to the Law on quality of products and goods;

k) machinery and equipment in specialized sectors provided for in legislative documents of ministries or ministerial agencies.

Article 2. Regulated entities

This Decision applies to:

1. Organizations and enterprises (hereinafter referred to as “enterprises”) that import used machinery, equipment and technological lines.

2. Inspection bodies that inspect used machinery, equipment and technological lines as prescribed in this Decision.

3. Regulatory authorities relevant to the import of used machinery, equipment and technological lines as prescribed in Article 1 of this Decision.

Article 3. Definitions

For the purpose of this Decision, these terms are construed as follows:

1. “machinery or equipment” means a complete structure comprised of parts, groups of parts, and components that are interconnected to operate to serve the intended purposes.

2. “technological line” means a system of machinery, equipment, tools and/or devices that are installed or interconnected on a fixed site according to a technological process or diagram to ensure synchronous operation serving manufacturing.

3. “used machinery, equipment and technological lines” are machinery, equipment and technological lines that have been assembled and put into operation after they are manufactured.

4. “age” means the period of time expressed as years from the year of manufacturing to the year of import of the used machinery or equipment. Year of import is the year in which the goods arrive at a Vietnam’s port.

Article 4. Rules for management of import of used machinery, equipment and technological lines

1. Import of used machinery, equipment and technological lines must comply with regulations of the Law on goods import.

2. It is prohibited to import any used machinery, equipment and technological lines that:

a) have been discarded as announced by exporting countries because of their obsolescence, low quality of causing environmental pollution; or

b) fail to satisfy safety, energy saving, and environmental protection requirements prescribed by applicable law.

3. Only the importation of used machinery, equipment and technological lines meant to directly serve the manufacturing of enterprises in Vietnam is licensed.