For used machinery, equipment or technological lines, the core risk is not only incorrect HS classification. A shipment may be delayed because Decision 18/2019/QD-TTg is applied to goods outside its scope, or because a specialized regime is missed: occupational safety, medical devices, vehicles, ICT/telecom, energy, environmental or pressure/lifting equipment controls. This guide provides an E2E map for checking Decision 18 scope, exclusion triggers, alternative regulations, documents, duties, C/O and risks before ETA.

QUICK FACT TABLE

Checkpoint	Operational conclusion
Review object	Cases where used machinery/equipment/technological lines may fall under Decision 18/2019/QD-TTg or must be shifted to specialized regulations.
Decision 18 entry point	Consider Decision 18 only when the goods are used machinery/equipment/technological lines, HS under Chapter 84 or 85, imported for production activities in Viet Nam.
Exclusion triggers	Not Chapter 84/85; not used for production in Viet Nam; prohibited/restricted goods; temporary import/re-export, transit, transshipment or purpose-specific customs regimes. If the goods are still under Chapter 84/85 but have QCVN, licensing, registration or safety inspection requirements, they must not be handled only under Decision 18; a specialized-policy track must be opened in parallel.
Updated instruments	Review Decision 18/2019/QD-TTg, Decision 28/2022/QD-TTg, Decision 02/2026/QD-TTg, Decree 69/2018/ND-CP and model-specific specialized regulations.
Category IDs	VI 1410 / EN 1606 / ZH 1608.

Legal note: Being outside Decision 18 does not mean there is no import condition. The correct legal track must be determined by HS code, function, condition, import purpose and specialized management regime.

Products covered by Guide to identifying cases excluded from Decision 18/2019/QD-TTg or transferred to specialized import regulations at an import inspection area — Illustration of the product group and document review before customs clearance.

SCOPE OF APPLICATION

This article applies to the review of import dossiers where goods are not eligible for Decision 18 or cannot be handled solely under Decision 18 due to another specialized regime. It is not a final conclusion for any model without catalogue, datasheet, label photos, year of manufacture, serial number, import purpose, contract and proposed HS code.

Do not combine all used machines into one legal conclusion.
New, used, refurbished, samples, warranty goods, temporary imports, leased equipment, project cargo and EPE/FDI imports may follow different policies.
Wi-Fi/Bluetooth/4G/5G modules, encryption, batteries, pressure vessels, refrigerants, high-power electrical systems, software controls or lifting modules must be reviewed separately.

Review must be based on actual catalogue, datasheet, model and import purpose.

CLASSIFICATION & TECHNICAL IDENTIFICATION

1. Identify the nature of goods

Determine whether the item is a complete machine, technological line, part, accessory, tool, mould, vehicle, medical device, lifting equipment, pressure equipment, ICT device or environmental/chemical related item.

2. Identify import purpose

Production use, commercial resale, sample, warranty, repair, lease, re-export, project transfer, EPE/FDI use or construction use may trigger different policies.

TECHNICAL IDENTIFICATION CRITERIA TABLE

Criteria to check	Reference documents	Risk if described incorrectly	Recommended description on documents/declaration
Whether HS is under Chapter 84/85	Catalogue, datasheet, tariff schedule, function description	Misapplication of Decision 18	State machine name, main function, model, used condition and year of manufacture.
Complete machine or part/accessory	Invoice, Packing List, photos, BOM, installation diagram	Parts may not follow the complete-machine logic	Use “part for…”, not a generic “used machine”.
Purpose of use in Viet Nam	Contract, PO, project note, purpose explanation	If not production use, Decision 18 may not be the primary track	State “for production line…” only when true.
Specialized regime	Permit, Group-2 list, QCVN, test report, catalogue	Missing permit/inspection/registration/MMDS/ICT requirements	Declare functions that create compliance obligations.
Condition of goods	Inspection certificate, year of manufacture, serial, label photos	Failure to prove age or applicable standards	Use consistent used/refurbished/new wording.

HS CODE – DUTIES – C/O

There is no single HS code for “Decision 18 exclusion cases”. HS must be determined by the actual goods. If the goods are not under Chapter 84/85, or fall under chapters such as 87, 90, 73 or 76, Decision 18 is normally not the primary legal basis.

Reference HS/group	Application condition	Risk if misclassified	Documents to compare
Chapter 84/85	Used machinery/equipment/lines for production in Viet Nam	May require both Decision 18 and specialized compliance	Catalogue, datasheet, inspection certificate, year, standards.
Chapter 87	Vehicles or self-propelled specialized equipment	Wrongly using Decision 18 instead of transport/registration rules	Vehicle catalogue, VIN/chassis, emission standard, registration papers.
Chapter 90	Medical/measuring/optical/testing equipment	Missing medical device or metrology controls	Intended use, risk class, authorization, specialized dossier.
Chapter 73/76	Tanks, containers, metal structures not being machines	May need pressure vessel/tank controls instead	Technical drawings, capacity, pressure, material, function.
Import duty/VAT/C/O	Based on actual HS and applicable FTA	Wrong landed cost or loss of FTA preference	Tariff, C/O, invoice, transport documents.

APPLICABLE SPECIALIZED POLICIES

SPECIALIZED POLICY MATRIX

Goods situation	Possible policy	Documents to check	Authority/portal if identifiable	Recommended timing	Risk note
Used Chapter 84/85 machinery for production	Decision 18/28/02 and used machinery inspection dossier	Inspection certificate, year, QCVN/TCVN/G7/Korea standards	Customs, designated/recognized inspection body	Before booking or ETA	Age or standards may fail.
Goods outside Chapter 84/85	Do not use Decision 18 as primary basis; shift to actual HS policy	HS, catalogue, function, technical file	Customs and relevant ministry	Before contract finalization	Decision 18 certificate may be irrelevant.
Lifting/boiler/pressure/refrigeration equipment	Occupational safety, strict-safety equipment list, QCVN/inspection	Load, pressure, refrigerant, QCVN, test report	Labor/safety authorities or designated inspection bodies	Before ETA and before use	Post-clearance safety inspection may apply.
Used or specialized medical device	Medical device regulations and risk classification	Intended use, risk class, license/declaration if any	Health authority/portal	Before ordering	Do not treat as ordinary industrial machinery.
Vehicles and special-purpose vehicles	Transport regulations, registration, emission and age controls if any	VIN/chassis, engine, year, emission data	Transport/registration authorities and customs	Before shipment	May be prohibited or restricted.
ICT/radio/encryption/security equipment	Telecom conformity, MMDS/ATTT if applicable	RF datasheet, encryption feature, model list, test report	Telecom authority, cipher authority if applicable	Before ETA	Do not conclude no license without feature review.
EPE/FDI/project imports	Investment, customs, tax and exemption regimes	Investment project, purpose, fixed asset file, contract	Customs, investment/tax authority if relevant	Before declaration	Tax exemption is not policy exemption.

LEGAL DOCUMENTS TO REVIEW

Document group	Document name/number	Issuing authority	Effective date/timing	Role	Key point	Review note
Decision	Decision 18/2019/QD-TTg	Prime Minister	Effective 15/06/2019	Primary rule for used machinery/equipment/lines	Scope, criteria, dossier and inspection certificate	Apply only when within scope.
Amending decision	Decision 28/2022/QD-TTg	Prime Minister	Effective 01/03/2023	Amends Decision 18	Technological line dossier/procedure in specific cases	Check when dealing with lines/projects.
Updated decision	Decision 02/2026/QD-TTg	Prime Minister	Effective 08/01/2026	Simplifies certain administrative procedures under MOST management	Review for updated procedure steps	Does not replace scope classification.
Decree	Decree 69/2018/ND-CP	Government	Issued 15/05/2018	Foreign trade management and prohibited/restricted goods	Lists and foreign trade measures	If prohibited, Decision 18 cannot legalize import.
Specialized laws	Product quality, occupational safety, chemicals, medical devices, transport, telecom if applicable	National Assembly/ministries	Per document	Specialized compliance track	Depends on actual model and function	Do not cite specific articles without the model file.
Tariff	Decree 26/2023/ND-CP, Decree 108/2025/ND-CP, Decision 15/2023/QD-TTg	Government/Prime Minister	Check on declaration date	MFN, ordinary duty, FTA duty	Actual HS code	No common duty rate for the whole topic.

VIEW / DOWNLOAD ORIGINAL LEGAL DOCUMENTS

Decision 18/2019/QD-TTg Decision 28/2022/QD-TTg Decision 02/2026/QD-TTg Decree 69/2018/ND-CP

Enterprises should cross-check the documents on official legal databases or issuing authorities’ websites before application.

CUSTOMS CLEARANCE DOSSIER

Commercial documents

Commercial Invoice.
Packing List.
B/L or AWB.
Sales Contract/Purchase Order if any.
C/O for FTA duty preference.
Catalogue, datasheet, label photos and model/serial list.

Specialized documents if applicable

Used machinery inspection certificate.
Permit, quality inspection registration, conformity dossier.
Test report, technical file, drawings and applicable standards.
Transport, medical, ICT, chemical, environmental or energy dossiers where applicable.

OPERATIONAL DOCUMENT CHECKLIST

Document group	Required document	Used for which step	Usual preparer	Common error	Pre-ETA check
Decision 18 classification	Proposed HS, catalogue, import purpose	Scope classification	Importer/Compliance/Forwarder	Only checking trade name	Check Chapter 84/85 and production purpose.
Used machinery	Inspection certificate, year, standards	Customs dossier	Importer/inspection body	Expired or incomplete certificate	Check date, model, serial, standard and conclusion.
Specialized policy	Permit, quality inspection, QCVN, test report	Alternative policy processing	Compliance/specialized unit	Assuming no policy after Decision 18 exclusion	Build a policy matrix by HS/model/function.
C/O and duty	C/O, invoice, packing list, B/L/AWB	FTA duty claim	Shipper/Importer	Wrong form or description	Check draft C/O against commercial documents.
Labeling	Original label, Vietnamese label if required	Post-clearance circulation	Importer	Model/serial/origin mismatch	Compare labels with documents before ETA.
Explanation file	Explanation letter, photos, line diagram	Customs/specialized query response	Importer/Forwarder	Generic explanation	Prepare compliance folder by model.

Control rule: goods name, quantity, model, serial, origin and technical specifications must match 100% across commercial documents, catalogue, labels, specialized dossiers and customs declaration.

DECISION POINTS THAT MAY HOLD THE SHIPMENT

Decision point	Question to answer	Supporting documents	Consequence if unclear	Recommended handling
Within Decision 18?	Is it used Chapter 84/85 machinery for production in Viet Nam?	HS, catalogue, import purpose	Wrong procedure and supplement request	Prepare a Decision 18 classification memo.
Excluded from Decision 18?	Different chapter, purpose or customs regime?	Contract, planned declaration, purpose explanation	Wrong inspection dossier	Shift to the correct specialized policy.
Specialized policy?	QCVN, inspection, registration, medical, ICT, chemical or energy control?	Specialized list, datasheet	ETA delay	Review policy by model/function.
C/O eligibility?	Correct form, origin criterion, description and HS?	C/O, invoice, B/L/AWB	No FTA duty preference	Check draft C/O before issue.
New/used/refurbished?	Is the condition consistent?	Invoice, packing list, labels, certificate	Suspected false declaration	Use consistent condition wording.

E2E OPERATIONAL PROCESS

Step 1. Pre-ETA scope review

Fix proposed HS, assess Decision 18 scope/exclusion, check prohibited/restricted goods and specialized policies.

Step 2. Lock documents and technical file

Lock invoice, packing list, B/L/AWB, catalogue, datasheet, label photos, model/serial, year and purpose.

Step 3. Choose policy track

Decision 18 dossier, alternative specialized track, or parallel handling where both apply.

Step 4. Submit customs declaration

Manage Green/Yellow/Red channel and prepare HS, value, C/O, condition and policy explanations.

Step 5. Clearance and post-clearance compliance

Store dossier, apply labels/conformity marks/inspection if required and prepare audit file.

PRE-ETA RISK CHECKLIST

Risk	Consequence	Pre-ETA control	Documents to check
Applying Decision 18 to non-84/85 goods	Wrong dossier and delay	Check HS at 8-digit level	Tariff, catalogue, photos.
Assuming no policy after exclusion	Missing permit/inspection	Build a specialized policy matrix	Group-2 lists, QCVN, ministry regulations.
Invalid inspection certificate	Certificate not accepted	Check body, date, model, serial, standards	Certificate and photos.
Wrong C/O	No FTA preference	Check draft C/O	C/O, B/L/AWB, invoice.
Inconsistent goods condition	Query or physical inspection	Unify used/refurbished/new wording	Invoice, packing list, labels.
No purpose explanation	Cannot justify scope	Prepare explanation letter	PO, contract, project file.

FAQ

1. Does exclusion from Decision 18 mean import is automatically allowed?

No. It only means Decision 18 is not the main track; prohibited, restricted and specialized regimes must still be checked.

2. If the goods are outside Chapter 84/85, is a Decision 18 certificate needed?

Normally Decision 18 is not the primary basis; the replacement policy must be identified by HS and function.

3. What if goods are both Decision 18 machinery and Group-2 goods?

Handle both tracks: Decision 18 used machinery dossier and specialized quality/conformity dossier.

4. Are temporary imports treated like production imports?

Not automatically. Review the customs regime and foreign trade rules.

5. Can C/O reduce duty?

Yes, if valid and origin rules are satisfied; C/O does not replace specialized permits.

6. What if invoice model differs from catalogue?

Correct documents or obtain a model list/explanation before ETA.

7. Should we wait until arrival to decide Decision 18 scope?

No. Scope should be fixed before booking or at least before ETA.

IMPLEMENTATION SUPPORT FROM TGIMEX

This guide maps Decision 18 scope, exclusion triggers, specialized regimes, dossier logic and operational risks. Actual shipments must still be reviewed against catalogue, datasheet, model, documents, origin, import purpose and goods condition.

Pre-ETA review

HS, Decision 18, specialized policy, C/O, duty, labeling and model file.

Compliance dossier control

Cross-check invoice, packing list, B/L/AWB, C/O, inspection certificate, test report and labels.

International logistics

Coordinate agents, carriers, ETA, pre-alert and transport documents.

Customs & post-clearance

Declaration, channel handling, policy explanation and post-clearance filing.

For shipments potentially excluded from Decision 18 or transferred to specialized regimes, enterprises should not wait until arrival to begin dossier review.

ELECTRICAL – ELECTRONICS – IT EQUIPMENT

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