Chương III Quyết định 18/2019/QĐ-TTg : Hồ sơ, trình tự thủ tục nhập khẩu máy móc, thiết bị, dây chuyền công nghệ đã qua sử dụng

Chapter III

DOCUMENTATION AND PROCEDURES FOR IMPORTING USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Article 7. Documentation and procedures for importing used technological lines

1. Import documents:

Apart from the import documents prescribed by the Law on customs, the importer must submit additional documents, including:

a) The copy of the Certificate of enterprise registration bearing the importer’s seal. In case of entrusted import, the import entrustment agreement must be submitted;

b) The inspection certificate issued by a designated inspection body that meet the requirements laid down in Article 11 hereof. Contents of such inspection certificate must conform to Points a, b, c, d, dd Clause 1 Article 10 hereof.

2. Import procedures:

a) The importer shall submit a set of import documents and additional documents mentioned in Clause 1 of this Article to the customs authority where the customs declaration is registered;

b) The customs authority shall only initiate customs clearance procedures as regulated if import documents and additional documents prescribed in Clause 1 of this Article are sufficient and valid, and the inspection certificate shows that the used technological line satisfies requirements in Article 5 hereof.

Article 8. Documentation and procedures for importing used machinery and equipment

1. Import documents:

Apart from the import documents prescribed by the Law on customs, the importer must submit additional documents, including:

a) The copy of the Certificate of enterprise registration bearing the importer’s seal. In case of entrusted import, the import entrustment agreement must be submitted;

b) The original of manufacturer’s certification that the manufacturing year and manufacturing standards applied to the used machinery or equipment are conformable with Article 6 hereof if the machinery or equipment to be imported have been manufactured in any G7 countries or Korea. That certification must be consularly legalized and accompanied by its Vietnamese translation;

c) The inspection certificate issued by a designated inspection body that meet the requirements laid down in Article 11 hereof if the machinery or equipment to be imported has been manufactured in any G7 countries or Korea without the manufacturer's certification or the machinery or equipment to be imported has been manufactured in a country other than G7 countries and Korea. Contents of such inspection certificate must conform to Points a, b, c, d, e Clause 1 Article 10 hereof.

2. Import procedures:

a) The importer shall submit a set of import documents and additional documents mentioned in Clause 1 of this Article to the customs authority where the customs declaration is registered;

b) The customs authority shall only initiate customs clearance procedures as regulated if received import documents and additional documents prescribed in Clause 1 of this Article are sufficient and valid. If the inspection certificate is submitted according to Point c Clause 1 of this Article, it must include the conclusion that the used machinery or equipment satisfies requirements in Article 6 hereof.

3. Putting goods into storage:

a) At the time of submitting import documents as prescribed in Clause 1 of this Article, if an importer of the used machinery or equipment fails to provide the manufacturer’s certification as prescribed in Point b Clause 1 of this Article and the inspection certificate as prescribed in Point c Clause 1 of this Article, the importer may put goods into storage in accordance with the Law on customs after submitting the application for inspection bearing the certification by the inspection body as prescribed in this Decision to the customs authority;

b) Within 30 working days from the day on which machinery or equipment is put into storage, the importer must submit the inspection certificate to the customs authority. The customs authority shall only initiate customs clearance procedures as regulated if import documents and additional documents prescribed in Clause 1 of this Article are sufficient and valid, and the inspection certificate includes the conclusion that the used machinery or equipment satisfies requirements in Article 6 hereof.

If the inspection result shows that the machinery or equipment fails to meet requirements in Article 6 hereof, the importer shall incur penalties for administrative violations against the Law on customs.

Article 9. Other cases of importing used machinery and equipment

1. If an enterprise wishes to import used machinery or equipment whose age exceeds the age limit prescribed in Clause 1 Article 6 hereof but remaining capacity (which is the number of products that the machinery or equipment produces in a given time period) or performance achieves 85% or above of its design capacity or performance, and amount of raw materials or energy consumed by that machinery or equipment does not exceed 15% of its design consumption level to serve its manufacturing in Vietnam, it shall submit an application for import license, including all required documents, directly or by post or through the online public service portal to the Ministry of Science and Technology for consideration and processing.

2. The application includes:

a) The application form for approval for import of used machinery or equipment using the form provided in the Appendix II enclosed herewith, including explanations about the necessity of import of used machinery or equipment to maintain manufacturing and business operations, the plan for using machinery or equipment and the necessity of used machinery or equipment to be imported in the technological line;

b) The copy of the Certificate of enterprise registration bearing the enterprise’s seal;

c) The inspection certificate issued by a designated inspection body as regulated in Article 11 hereof. Contents of such inspection certificate must conform to Points a, b, c, d, g Clause 1 Article 10 hereof;

3. Application processing procedures:

a) In case the received application is insufficient or invalid:

- The received application is immediately returned to the enterprise if it is directly submitted at the single-window section of the Ministry of Science and Technology;

- If the application is submitted through the portal of the Ministry of Science and Technology, within 08 working hours from the receipt of the application, Ministry of Science and Technology is required to request the enterprise to complete its application;

- If the application is submitted by post, within 02 working days from the receipt of the application, the Ministry of Science and Technology shall request the enterprise in writing to complete its application.

b) Within 02 working days from the receipt of the sufficient and valid application, the Ministry of Science and Technology shall send written request, accompanied by photocopies of application documents, to relevant ministries and ministerial agencies for getting their opinions. The Ministry of Science and Technology may consult specialists about used machinery or equipment to be imported if it is deemed necessary;

c) Within 10 working days from the receipt of the written request from the Ministry of Science and Technology, the requested ministries, ministerial agencies and/or specialists must give their opinions about the import of machinery and equipment used in their managing fields, and about the enterprise's application for license to import used machinery or equipment;

d) Within 03 working days from the receipt of written opinions from relevant ministries, ministerial agencies and/or specialists, the Ministry of Science and Technology shall give written response to the enterprise. If the enterprise’s application is refused, such written response must indicate reasons for refusal.

4. Import documents and procedures:

a) Import documents:

Apart from the import documents prescribed by the Law on customs, the enterprise is required to submit the written approval for its import of used machinery or equipment given by the Ministry of Science and Technology as regulated in Clause 3 of this Article;

b) Import procedures:

The enterprise shall submit import documents and the document mentioned in Point a of this Clause to the customs authority where the customs declaration is registered for initiating customs clearance procedures as regulated.