Reference source: Government legislative document portal. The following translation is for operational reference only and is not an official legal translation.

THE PRIME MINISTER

No. 28/2022/QD-TTg

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

Hanoi, December 20, 2022

DECISION
Amending and supplementing a number of articles of Decision No. 18/2019/QD-TTg dated April 19, 2019 prescribing the import of used machinery, equipment and technological lines

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

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

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management;

At the request of the Minister of Science and Technology;

The Prime Minister promulgates this Decision amending and supplementing a number of articles of Decision No. 18/2019/QD-TTg dated April 19, 2019 prescribing the import of used machinery, equipment and technological lines.

Article 1. Amendments and supplements to Decision No. 18/2019/QD-TTg dated April 19, 2019

1. Clause 3 is added to Article 7 as follows:

“3. Import of used technological lines by high-tech enterprises, projects applying high technologies, or projects eligible for special investment incentives under Clause 2 Article 20 of the Law on Investment:

High-tech enterprises, projects applying high technologies, or projects eligible for special investment incentives under Clause 2 Article 20 of the Law on Investment may choose to import used technological lines under the dossiers and procedures prescribed in Article 7, or under the simplified import dossiers and procedures prescribed in Article 7a of this Decision.”

2. Article 7a is added as follows:

“Article 7a. Dossiers and procedures for importing used technological lines under simplified import procedures applicable to high-tech enterprises, projects applying high technologies or projects eligible for special investment incentives under Clause 2 Article 20 of the Law on Investment

1. Import dossier: In addition to the import dossier prescribed by the Law on Customs, when carrying out import procedures for the first shipment of the technological line, the enterprise must additionally submit:

a) A copy of the high-tech enterprise certificate or certificate of high-technology application issued by the Ministry of Science and Technology, or a copy of the investment registration certificate, decision approving investment policy, or written agreement with a competent state authority recognizing that the project is eligible for special investment incentives;

b) The enterprise’s written commitment, enclosed with the list of machinery and equipment forming part of the used technological line expected to be imported, according to Form No. 01 in Appendix III attached to this Decision;

c) A written registration for inspection of the technological line after it has been imported, completely installed and started operation, certified by a designated inspection organization, together with the list of machinery and equipment forming part of the used technological line expected to be imported, according to Form No. 02 in Appendix III attached to this Decision.

If the list of machinery and equipment forming part of the used technological line expected to be imported changes, the enterprise shall send a written request for adjustment, certified by the designated inspection organization, to the Ministry of Science and Technology and the customs authority where import procedures are carried out.

2. Import procedures:

a) The enterprise may bring the goods to storage in accordance with customs law after submitting to the customs authority the import dossier and documents prescribed in Clause 1 of this Article. The enterprise may carry out import procedures for shipments belonging to the used technological line at only one customs clearance location.

b) Within no more than 12 months from the date the first shipment of the technological line is brought to storage under customs law, the enterprise must submit the inspection certificate to the customs authority. Customs clearance shall only be carried out when the import dossier and documents prescribed in Clause 1 of this Article are complete and valid, and the inspection certificate concludes that the used technological line satisfies the criteria prescribed in Article 5 of Decision No. 18/2019/QD-TTg.

During the storage period, the enterprise may only install and operate the technological line for inspection purposes and must not put the technological line into production.

If the technological line is highly complex and requires installation, operation and inspection time beyond the committed period, no later than 30 days before the deadline for submitting the inspection certificate, the enterprise shall send an application for extension of time, certified by the designated inspection organization according to Form No. 03 in Appendix III, to the Ministry of Science and Technology and the relevant customs authority. The extension may be granted once only and must not exceed 6 months from the first committed deadline.

If the inspection result does not meet the requirements prescribed in Article 5 of Decision No. 18/2019/QD-TTg, the enterprise shall be sanctioned in accordance with regulations on administrative penalties in the customs sector and must re-export the goods.

c) Within no more than 05 working days after customs clearance is completed or refused, the enterprise shall submit a report to the Ministry of Science and Technology and the provincial People’s Committee where the project is implemented, according to Form No. 04 in Appendix III.”

3. Point a Clause 2 Article 10 is amended as follows: “For inspection of a used technological line, the inspection certificate must have been issued no more than 18 months from the issuance date to the date the technological line arrives at the Vietnamese border checkpoint. For the case prescribed in Article 7a, no more than 3 months from the issuance date.”

4. Clause 3 Article 10 is amended as follows: “The inspection of a used technological line under the criteria prescribed in Article 5 of this Decision must be carried out in the exporting country while the technological line is operating, except the case prescribed in Article 7a.”

5. Clause 4 is added to Article 10: “For the case prescribed in Article 7a, inspection shall be carried out at the enterprise’s production site or the project implementation site after the imported used technological line has been completely installed, started operation and is operating.”

6. Clause 7 is added to Article 12: “Within no more than 3 months from receipt of the enterprise’s report on completion of customs clearance, the Ministry of Science and Technology shall coordinate with the provincial People’s Committee where the project is implemented and relevant authorities to inspect compliance with legal regulations on safety, economical and efficient use of energy, and environmental protection for enterprises and projects importing used technological lines under simplified import procedures. Violations shall be handled in accordance with law.”

7. Article 13 is amended and supplemented: Ministries, ministerial-level agencies and provincial People’s Committees shall coordinate with the Ministry of Science and Technology in implementation; ministries and ministerial-level agencies may propose equipment age criteria for used machinery and equipment in sectors under their management; the Ministry of Finance (General Department of Customs) supervises the import process in accordance with customs law; provincial People’s Committees coordinate in post-clearance inspection and supervise sanctions/re-export when customs clearance is refused.

8. HS codes in Appendix I are amended. 9. Appendix III is promulgated with Forms No. 01 to No. 05.

Article 2. Implementation provisions

1. This Decision takes effect from March 01, 2023.

2. If legislative documents referenced in this Decision are amended, supplemented or replaced, the new documents shall apply.

3. Difficulties arising during implementation shall be reported to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

4. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial People’s Committees and relevant organizations and individuals are responsible for implementing this Decision.

FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai

APPENDIX I. AGE LIMITS FOR MACHINERY AND EQUIPMENT IN CERTAIN SECTORS

Equipment age = Year of import – Year of manufacture; calculated by year, not by month.

APPENDIX III. DOCUMENT FORMS

(Enclosed with Decision No. 28/2022/QD-TTg dated 20 December 2022 of the Prime Minister)

Translation note: The following forms are translated for operational reference only and are not an official legal translation.

Form No. 01. Written commitment

WRITTEN COMMITMENT

To: – Ministry of Science and Technology;
– Customs authority….¹

1. Enterprise name: ……………………………………………………………………………………………….

2. Tax code: …………………………………………………………………………………………………………

3. Address: …………………………………………………………………………………………………………

4. Telephone/fax: ………………………………………………………………………………………………….

5. Legal representative: ………………………………………………………………………………………….

6. Enterprise registration certificate No.: … Date of issue: … Place of issue: ………………..

7. High-tech enterprise certificate / high-technology application certificate / investment registration certificate / decision on approval of investment guidelines / written agreement with a competent state authority No.: …. Date of issue: …………. Place of issue: ……………

8. List of machinery and equipment of the used technological line expected to be imported:

9. Location for installation and operation of the used technological line in Vietnam:

…………………………………………………………………………………………………………………………..

We hereby undertake as follows:

1. The technological line proposed for import is being operated for production in the exporting country and satisfies the criteria prescribed in Article 5 of Decision No. 18/2019/QD-TTg dated 19 April 2019 of the Prime Minister.

2. The enterprise imports the technological line for direct use in production activities in Vietnam.

3. Complete installation, fully carry out inspection of the used technological line and submit the inspection certificate to the customs authority where import procedures are carried out within …….. months from the date the first shipment of the technological line is transported to storage (the committed period must not exceed 12 months).

4. Submit reports to the Ministry of Science and Technology and the People’s Committee of the province/centrally-run city where the project is implemented within 5 working days after completion of customs clearance or refusal of customs clearance.

5. Take responsibility before the law for the accuracy of information and documents provided and re-export the entire used technological line from Vietnam if the inspection result does not satisfy the criteria prescribed in Article 5 of Decision No. 18/2019/QD-TTg.

6. Comply with all relevant legal regulations during the import of the used technological line.

¹ Name of the customs authority where the enterprise carries out import procedures. The enterprise may carry out import procedures for shipments of the used technological line at only one customs clearance location.

² The People’s Committee of the province or centrally-run city where the project is implemented.

Form No. 02. Application for inspection

APPLICATION FOR INSPECTION

To: – Ministry of Science and Technology;
– Customs authority….¹

1. Enterprise name: ……………………………………………………………………………………………….

2. Address: …………………………………………………………………………………………………………

3. Telephone/fax: ………………………………………………………………………………………………….

4. Legal representative: ………………………………………………………………………………………….

5. High-tech enterprise certificate / high-technology application certificate / investment registration certificate / decision on approval of investment guidelines / written agreement with a competent state authority No.: …. Date of issue: ……… Place of issue: ……….

6. Name of goods registered for inspection: ……………………………………………………………….

7. Registered inspection content: inspection of imported used technological line in accordance with Decision No. 18/2019/QD-TTg dated 19 April 2019 of the Prime Minister.

8. Inspection location: …………………………………………………………………………………………….

9. List of machinery and equipment of the used technological line registered for inspection:

10. Commitments of the enterprise:

– Provide complete dossiers relating to the used technological line registered for inspection.

– Ensure the truthfulness of information on goods and dossiers/documents provided.

¹ Name of the customs authority where the enterprise carries out import procedures. The enterprise may carry out import procedures for shipments of the used technological line at only one customs clearance location.

Form No. 03. Application for extension of the time limit for submitting the inspection certificate

APPLICATION FOR EXTENSION OF THE TIME LIMIT
FOR SUBMITTING THE INSPECTION CERTIFICATE

To: – Ministry of Science and Technology;
– Customs authority….¹

1. Enterprise name: ……………………………………………………………………………………………….

2. Address: …………………………………………………………………………………………………………

3. Telephone/fax: ………………………………………………………………………………………………….

4. Legal representative: ………………………………………………………………………………………….

5. On …/…/…, we submitted to the authorities written commitment No. …, dated …/…/…, on import of a used technological line and an inspection registration document with inspection body² ……………… requesting inspection of the used technological line.

The written commitment includes the following content: “Complete installation, fully carry out inspection of the used technological line and submit the inspection certificate to the customs authority where import procedures are carried out after ………….. months from the date the first shipment of the technological line is transported to storage”.

However, due to the high complexity of the technological line and the installation, operation and inspection period exceeding the committed timeline, we request an extension of the time limit for submitting the inspection certificate by … months from the initially committed submission date (the requested extension must not exceed 6 months).

We take responsibility before the law for the accuracy of the information and documents provided.

We respectfully report for the authorities’ information.

¹ Name of the customs authority where the enterprise carries out import procedures. The enterprise may carry out import procedures for shipments of the used technological line at only one customs clearance location.

² Name of the inspection body registered to inspect the used technological line.

³ The People’s Committee of the province or centrally-run city where the project is implemented.

Form No. 04. Enterprise report

REPORT ON IMPORT OF USED TECHNOLOGICAL LINE

To: – Ministry of Science and Technology;
– People’s Committee of province/centrally-run city¹….

1. Enterprise name: ……………………………………………………………………………………………….

2. Address: …………………………………………………………………………………………………………

3. Telephone/fax: ………………………………………………………………………………………………….

4. Legal representative: ………………………………………………………………………………………….

5. Enterprise registration certificate No.: … Date of issue: … Place of issue: ….

6. High-tech enterprise certificate / high-technology application certificate / investment registration certificate / decision on approval of investment guidelines / written agreement with a competent state authority No.: ……… Date of issue: ……… Place of issue: ……….

We report the import of the used technological line as follows:

– Name of used technological line:

– Location for installation and operation of the used technological line in Vietnam:

– Inspection result: satisfactory/unsatisfactory.

– Status of the used technological line: customs clearance granted / customs clearance refused.

– Time of customs clearance/refusal of customs clearance:

We undertake the accuracy of the information and documents provided.

¹ The People’s Committee of the province or centrally-run city where the project is implemented.

Form No. 05. Report submitted by an inspection body

REPORT ON INSPECTION OF USED MACHINERY, EQUIPMENT
AND TECHNOLOGICAL LINES IN YEAR ….

To: Ministry of Science and Technology.

1. Name of designated/recognized inspection body: ……………………………………………………

2. Address: …………………………………………………………………………………………………………

3. Telephone/fax: ………………………………………………………………………………………………….

4. Legal representative: ………………………………………………………………………………………….

5. Designation decision No.: …/QD-BKHCN. Date of issue: …. Place of issue: ……………….

We report the inspection of used machinery, equipment and technological lines in year …….. as follows:

We undertake the accuracy of the information and documents provided.

¹ Province or centrally-run city where the enterprise uses machinery, equipment or technological line.

² Record the corresponding level-2 sector of the Vietnam Standard Industrial Classification under Decision No. 27/2018/QD-TTg dated 06 July 2018.