Chương V Quyết định 18/2019/QĐ-TTg : Tổ chức thực hiện

Chapter V

IMPLEMENTATION

Article 12. Responsibility of Ministry of Science and Technology

1. Take charge and cooperate with other Ministries, ministerial agencies and Provincial People’s Committees in managing the import of used machinery, equipment and technological lines set out in this Decision and relevant documents.

2. Publish the list of used machinery, equipment and technological lines discarded by countries because of their obsolescence, low quality, or causing environmental pollution on its portal.

3. Cooperate with other Ministries, ministerial agencies and Provincial People’s Committees in inspecting the observance of regulations of law on safety, economical and effective use of energy, environmental protection with regard to used machinery, equipment and technological lines imported by enterprises when they are put into operation, and imposing penalties for violations in accordance with applicable regulations of law.

4. Cooperate with the Ministry of Finance in periodically producing statistics about import of used machinery, equipment and technological lines (importers’ names, addresses, fields, countries of origins, import value), and cases of violations in which goods must be re-exported and penalties are imposed, and reporting to the Prime Minister.

5. Designate and accredit inspection bodies for used machinery, equipment and technological lines, and publish the list of designated or accredited inspection bodies on its portal.

6. Take charge and cooperate with other Ministries and ministerial agencies in inspecting the inspection of used machinery, equipment and technological lines by designated or accredited inspection bodies in accordance with applicable regulations of law.

Article 13. Responsibility of ministries and ministerial agencies

1. Cooperate with the Ministry of Science and Technology in organizing the implementation of this Decision.

2. Based on social – economic development as well as state management requirements in specialized fields, suggest criteria on age of used machinery and equipment in their managing fields to the Ministry of Science and Technology for consolidating and reporting to the Prime Minister.

Article 14. Responsibility of importers

1. Import used machinery, equipment and technological lines in accordance with this Decision and relevant legislative documents.

2. Bear the inspection conducted by competent authorities; assume legal liability if violating this Decision v.

Article 15. Responsibility of designated/accredited inspection bodies

1. Carry out inspection of used machinery, equipment and technological lines in accordance with this Decision and relevant legislative documents.

2. Ensure independent, objective and scientific inspection; comply with applicable regulations of the law on inspection and assume legal responsibility for accuracy of inspection results; bear inspection and supervision by competent authorities regarding inspection services.

3. Send a copy of the inspection certificate within 15 working days from the signing date of the inspection certificate to the Ministry of Science and Technology in the following circumstances:

a) Inspection of a used technological line;

b) Inspection of used machinery/ equipment in case the issued inspection certificate specifies the unavailability of National Technical Regulation (QCVN), National Standard (TCVN) or national standard of one of G7 countries or Korea with regard to safety, energy saving, and environmental protection with respect to used machinery, equipment and technological lines according to Point d Clause 1 Article 10 hereof.

4. Prepare and submit annual report by December 15 of the same year and ad hoc reports on inspection of used machinery, equipment and technological lines to the Ministry of Science and Technology.

Article 16. Transitional clauses

1. With regard to applications for import of used machinery and equipment approved by Ministry of Science and Technology as regulated in Article 13 of the Circular No. 23/2015/TT-BKHCN before the effective date of this Decision, enterprises may continue their import of used machinery and equipment in accordance with the Circular No. 23/2015/TT-BKHCN dated November 13, 2015 by the Minister of Science and Technology.

2. With regard to applications for import of used machinery and equipment which have been received by Ministry of Science and Technology as regulated in Article 13 of the Circular No. 23/2015/TT-BKHCN before the effective date of this Decision but are still not yet processed on the effective date of this Decision, importers may suggest application of either the Circular No. 23/2015/TT-BKHCN or this Decision.

3. With regard to investment projects requiring import of used machinery/equipment, having carried out procedures according to Clause 2 Article 6 of the Circular No. 23/2015/TT-BKHCN and been granted the Investment Certificate/ Decision on investment proposal before the effective date of this Decision, enterprises may continue importing used machinery/equipment according to the Circular No. 23/2015/TT-BKHCN.

4. As from the date of promulgation of this Decision, inspection bodies are recommended to prepare documents, meet capacity requirements, and apply for registration as inspection bodies according to this Decision.

Inspection bodies whose names published on the portal of the Ministry of Science and Technology according to the Circular No. 23/2015/TT-BKHCN are allowed to provide inspection of used machinery, equipment and technological lines according to this Decision within 60 days from the date of entry into force of this Decision.

Article 17. Implementation

1. This Decision comes into force from June 15, 2019.

2. Where the legislative documents referred to in this Decision are amended or replaced, the new ones shall apply.

3. Difficulties that arise during the implementation of this Decision should be reported to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of Provincial People’s Committees, relevant organizations and individuals shall be responsible for implementing this Decision./.