Tiếng Việt
中文 (中国)
IMPORT PROCEDURE GUIDE FOR USED MACHINERY EXCEEDING ORDINARY AGE CRITERIA BUT REQUESTED FOR PRODUCTION CONTINUITY
Used machinery that exceeds the ordinary age criteria is not a routine import case. The shipment may be held if the enterprise applies the wrong HS Code (classification code under the Harmonized System), treats Article 9 as a substitute for all specialized policies, fails to prove remaining capacity/performance of at least 85%, fails to prove consumption not exceeding 15% above design, submits an inspection certificate beyond 06 months, or cannot explain why the machine is necessary to maintain production and business operations in Vietnam. These errors may cause customs delay, document supplementation, loss of C/O preference, administrative exposure, unplanned DEM/DET and unresolved post-clearance obligations. This guide provides an E2E (End-to-End) map for enterprises to review before ETA (Estimated Time of Arrival), including HS, duty, Article 9 dossier, specialized policy, customs documents, clearance workflow and pre-arrival risk controls.
QUICK FACTS
| Item | Quick review content |
|---|---|
| Product scope | Used machinery/equipment whose equipment age exceeds the ordinary age criteria under clause 1 Article 6 of Decision 18/2019/QD-TTg, but the enterprise producing in Vietnam requests import to maintain production/business operations. |
| Core threshold | Remaining capacity/performance must reach at least 85% of design capacity/performance, and consumption of raw materials, materials and energy must not exceed 15% compared with design. |
| HS basis | There is no single HS code for this case. The machine must still be classified by actual function, structure and operating principle, normally under Chapter 84 or 85. |
| Core dossier | Application letter under current Form No. 01, stamped copy of enterprise registration certificate, inspection certificate issued by a designated/recognized inspection body, explanation for production continuity and approval document of the Ministry of Science and Technology. |
| Key timing | Inspection certificate for used machinery/equipment is acceptable only when issued not more than 06 months before the machinery arrives at a Vietnamese border gate. |
| Legal caution | This case does not automatically apply to used technological lines, Group 2 goods, sector-regulated machinery, temporary import/re-export, repair/warranty goods, samples, or goods not imported for production use in Vietnam. |
SCOPE OF APPLICATION
This guide applies to single used machinery/equipment under Chapter 84 or 85 that has been assembled and operated after manufacture, exceeds ordinary age criteria, and is requested for import because the enterprise must maintain production/business operations in Vietnam.
- Do not combine this case with used technological lines; technological lines have separate criteria and dossiers.
- Do not apply it to machinery in banned import lists, Group 2 goods, or machinery governed by separate sector regulations without separate review.
- New goods, refurbished goods, warranty goods, temporary import/re-export, EPE/FDI/factory imports and project goods may trigger different policy layers.
- Attached modules, software, wireless functions, encryption/security, batteries, adapters, chargers, electrical cabinets or spare parts must be reviewed separately.
- Where data is insufficient, state: Review is required based on catalogue, datasheet, model and actual import purpose.
CLASSIFICATION & TECHNICAL IDENTIFICATION
The importer must identify the machine through catalogue, datasheet, nameplate, model, serial, year of manufacture, function, structure, operating principle, processed material, production stage, accessories and condition. Generic descriptions such as “used machine” or “production machine” may result in incorrect HS, incorrect Article 9 dossier, missing specialized policy and inconsistent customs documents.
TECHNICAL IDENTIFICATION CRITERIA
| Criteria to check | Documents to compare | Risk if described incorrectly | Suggested description on documents/declaration |
|---|---|---|---|
| Machine name and main function | Catalogue, datasheet, nameplate, overall photos, operation video | Generic wording may lead to wrong HS, wrong Decision 18 analysis and weak inspection dossier | Used [machine name], model…, serial…, for [manufacturing process] |
| Equipment age | Year of manufacture on nameplate, inspection certificate, manufacturer confirmation if any | Unclear whether the machine exceeds ordinary age criteria; wrong Article 6/Article 9 route | Year of manufacture…, year of import…, used machinery exceeding ordinary age criteria |
| Remaining capacity/performance | Inspection certificate, test run, design specifications, actual output | Failure to prove the 85% threshold may lead to refusal | Remaining capacity/performance …% of design capacity/performance |
| Raw material/material/energy consumption | Inspection report, power/utility consumption records, technical manual | Failure to prove consumption not exceeding 15% above design | Consumption compared with design: …% |
| Operating/maintenance condition | Inspection report, maintenance records, color photos, test-run video | Certificate may be insufficient under Article 10; machine may be suspected obsolete or poor quality | Used machine in operating condition, maintained according to… |
| Safety, energy-saving and environmental standards | Relevant QCVN/TCVN or G7/Korea standards, test report, declaration if any | Failure to prove compliance with clause 2 Article 6 and Article 10 | Manufactured/evaluated according to… standard |
| Single machine or technological line | Layout, process flow, packing list, contract | Confusing single machine with a technological line leads to wrong criteria and procedure | Single used machine / part of line / complete used technological line |
| Accessories/modules | Accessory list, electrical diagram, battery/power module specification | Accessories may trigger quality inspection, energy efficiency, ICT/security or sector policy | Main machine with accessories listed separately if needed |
HS CODE – DUTY – C/O
Article 9 is only a permission-review mechanism for used machinery exceeding age criteria. It does not create a separate HS code. HS must still be determined by function, structure, operating principle and actual use. C/O should only be requested after HS and product description have been finalized.
| Reference HS group | Application condition | Risk if incorrect | Documents to compare |
|---|---|---|---|
| 84.xx | Mechanical machinery, production machines, processing machines, packaging machines, material handling or industrial equipment with mechanical function | Wrong Chapter 84/85 affects duty, C/O and Decision 18 scope | Catalogue, operating principle, function, process flow, technical manual |
| 85.xx | Electrical machinery/equipment, motors, controllers, electrical cabinets, electric heating equipment or primarily electrical machines | Confusion between mechanical and electrical machinery; possible omission of energy/specialized policy | Electrical diagram, power rating, datasheet, nameplate |
| 8422 | Washing/filling/sealing/packaging machinery where packing is the main function | Generic production-machine declaration may misstate HS and C/O | Packaging function, speed, packaging type, model list |
| 8477 | Rubber/plastics processing machinery where the processed material and process match the heading | Confusion with metalworking or packaging machinery | Processed material, screw/barrel, mold/clamping data, process description |
| 8456–8463 | Machine tools for cutting, turning, milling, grinding, pressing, bending or forming metal depending on process | Wrong HS by machining principle, CNC control or processed material | Tooling data, CNC control, working envelope, process photos |
| 8419 / 8514 | Industrial thermal treatment equipment/furnaces, depending on heat source and electric mechanism | Wrong distinction between thermal and electrical equipment; missing safety/energy review | Heating method, temperature range, chamber size, energy source |
REFERENCE TAX REVIEW TABLE
| Tax item | How to determine | Reference note | Risk point |
|---|---|---|---|
| MFN import duty | According to the final HS code in the current tariff schedule | No common rate; Chapter 84/85 industrial machines may range from 0% to 20% or more depending on the final HS | Wrong HS changes the entire duty and C/O assessment |
| Ordinary import duty | According to the ordinary tariff or the applicable rule at declaration date | May be 150% of MFN if no separate ordinary rate is provided; must be checked at declaration date | Reference wording must not replace current tariff lookup |
| VAT | According to VAT policy at import date | Usually 10%, unless current tax instruments provide otherwise | Do not confuse import-duty preference with VAT treatment |
| Special preferential duty under C/O | According to the applicable FTA and valid C/O form | May be 0% or lower than MFN depending on FTA/HS; check the FTA schedule | Wrong C/O form, origin criterion, goods description or HS may invalidate preference |
APPLICABLE SPECIALIZED POLICY
| Goods scenario | Possible policy | Documents to check | Authority / portal if identifiable | Recommended timing | Risk note |
|---|---|---|---|---|---|
| Used machinery exceeding age criteria while the enterprise is producing in Vietnam | Article 9 Decision 18/2019/QD-TTg; as amended by Decision 02/2026/QD-TTg, use current form and timeline | Form No. 01 application, stamped enterprise registration certificate, inspection certificate, production-continuity explanation | Ministry of Science and Technology; online public service portal if available | Before booking or before ETA | Do not wait until cargo arrival to request approval |
| Machinery satisfying ordinary Article 6 criteria | Used-machinery import dossier under Decision 18/Decision 28, not Article 9 route | Manufacturer confirmation or inspection certificate as applicable | Customs office; designated/recognized inspection body | Before ETA | Do not confuse Article 6 and Article 9 |
| Group 2 goods or sector-regulated machinery | Decision 18 does not apply where the machine is Group 2 or already governed by sector regulations; follow sector rules | Group 2 list, QCVN/TCVN, permits, conformity, inspection records if any | Sector ministry, Customs, NSW if applicable | Before contract finalization | Do not rely on Decision 18 when a sector regulation governs the goods |
| Machine with electrical modules, control cabinet, motor, battery, adapter or charger | May trigger energy efficiency, electrical safety, battery, labeling or other sector policies | Module datasheet, electrical diagram, battery spec, model list | Customs and relevant specialized authority | Before ETA | Accessories may change the dossier |
| FDI/EPE/factory import for production continuity | Besides Decision 18, review import rights, use purpose, fixed asset treatment, investment project and customs regime | ERC/IRC, contract, PO, investment file, production/BOM documents | Customs authority, MOST, investment authority if needed | Before contract signing | Wrong import purpose or customs regime may create post-clearance risk |
| Sample/warranty/temporary import-re-export goods | May fall outside the production-use import route under Decision 18 | Warranty contract, temporary import dossier, purpose letter, serial list | Customs | Before declaration | Do not use Article 9 for goods not imported for production use in Vietnam |
LEGAL DOCUMENTS TO REVIEW
| Document group | Document name/number | Issuing authority | Effective timing | Role in procedure | Key articles/appendices | Review note |
|---|---|---|---|---|---|---|
| Decision | Decision 18/2019/QD-TTg | Prime Minister | Issued 19 Apr 2019, effective 15 Jun 2019 | Core regulation on import of used machinery, equipment and technological lines | Articles 1, 4, 6, 9, 10, 11, Appendices I/II | Read together with Decision 28/2022 and Decision 02/2026 |
| Amending Decision | Decision 28/2022/QD-TTg | Prime Minister | Effective 01 Mar 2023 | Amends several provisions of Decision 18 | Article 1 and amended provisions | Do not apply separately from Decision 18 |
| 2026 Amending Decision | Decision 02/2026/QD-TTg | Prime Minister | Effective 08 Jan 2026 | Amends point b clause 2 Article 9, shortens consultation timeline under point c clause 3 Article 9 to 05 working days, and replaces the application form | Article 2, Appendix Form No. 01 | Use for Article 9 dossiers after its effective date |
| Foreign trade | Law on Foreign Trade Management 2017; Decree 69/2018/ND-CP | National Assembly/Government | Decree 69 effective 15 May 2018 | Framework for banned goods, temporary import/re-export and conditional import | Lists and foreign-trade management rules | Check where the machine falls under banned/sector-regulated goods |
| Customs | Customs Law 2014; Decree 08/2015/ND-CP and amendments | National Assembly/Government | Apply at declaration date | Customs dossier, preservation pending documents, document/physical inspection | Customs dossier, channeling and post-clearance rules | Check current customs instruments |
| Tariff | Decree 26/2023/ND-CP, Decree 199/2025/ND-CP and relevant FTA tariff schedules | Government | Apply by period | Basis for MFN, ordinary duty, VAT and special preferential duty | Chapter 84/85 by final HS | No single duty rate applies to all over-age machinery |
| Standards | Relevant QCVN/TCVN or G7/Korea standards for the actual machine | Relevant issuing authority | By each standard | Basis for safety, energy-saving and environmental evaluation in the inspection certificate | Clause 2 Article 6; points d/g clause 1 Article 10 of Decision 18 | Select standards by machine type |
VIEW / DOWNLOAD ORIGINAL LEGAL TEXTS
Enterprises should additionally verify the documents on official legal document portals or websites of issuing authorities before applying them.
CUSTOMS CLEARANCE DOCUMENT SET
- Commercial Invoice
- Packing List
- Bill of Lading/Air Waybill
- Sales Contract/Purchase Order
- C/O if preferential duty is claimed
- Catalogue/datasheet, machine photos, original nameplate, model/serial list
- Application letter under current Form No. 01
- Production-continuity explanation and use plan
- Stamped copy of enterprise registration certificate
- Inspection certificate issued by a designated/recognized body
- Approval document of the Ministry of Science and Technology
- Relevant QCVN/TCVN/G7/Korea standard
- Test run, maintenance record, operation video
- Group 2, conformity, inspection or energy-efficiency dossier if applicable
- Nameplate / labeling dossier
- Environmental and energy-saving documents if applicable
OPERATIONAL DOSSIER CHECKLIST
| File group | Required documents | Used for | Usually prepared by | Common error | Pre-ETA check |
|---|---|---|---|---|---|
| Article 9 application | Form No. 01 application, production-continuity explanation, use plan and necessity in the production process | Request approval before customs clearance | Legal/Compliance/Factory | Generic explanation without production impact | Link the machine with process, output, downtime and production plan |
| Enterprise legal file | Stamped enterprise registration certificate; investment/factory documents if needed to prove production in Vietnam | Prove the enterprise is producing in Vietnam | Legal/Admin | Business scope/factory address inconsistent with dossier | Match ERC/IRC, factory address, business line and production process |
| Inspection certificate | Certificate from designated/recognized body; Article 10 contents including 85%, 15%, standards, operating condition and color photos | Core evidence for Article 9 conditions | QA/Engineering/Supplier/Inspection body | Missing model/serial/photos/standards or certificate over 06 months | Review template before inspection and check Article 10 items |
| Commercial | Invoice, Packing List, Sales Contract/PO, B/L/AWB, C/O if claimed | Customs declaration and tax calculation | Procurement/Docs/Logistics | Machine name differs from model, year, serial or origin | Match documents with nameplate and inspection certificate |
| Technical | Catalogue/datasheet, nameplate, photos/video, manual, layout, process flow | HS, policy, inspection and Article 9 explanation | Engineering/Factory/Supplier | Insufficient basis for function or equipment age | Prepare model–serial–year–function–HS matrix |
| Sector policy if any | Conformity, safety inspection, energy efficiency, permit, Group 2 dossier if applicable | Handle policy outside Decision 18 | Compliance/QA | Assuming Article 9 replaces all other permits | Map policy by machine/module before ETA |
Control principle: Goods name, quantity, model, serial, origin, technical specifications, year of manufacture, standard and operating condition must match 100% across commercial documents, catalogue, nameplate, inspection certificate, approval dossier and customs declaration.
DECISION POINTS THAT MAY HOLD THE SHIPMENT
| Decision point | Question to answer | Evidence | Consequence if unclear | Recommended handling |
|---|---|---|---|---|
| Correct Article 9 scope | Is the enterprise producing in Vietnam and importing the machine to maintain production? | ERC/IRC, production plan, process flow, explanation | MOST may not approve | Prove the production stage affected without the machine |
| Over-age but still efficient | Does the machine meet 85% performance and 15% consumption thresholds? | Inspection certificate, test run, design data | Article 9 condition not satisfied | Arrange inspection before shipment if possible |
| HS basis | Is the machine under Chapter 84/85 or another sector regime? | Catalogue, datasheet, principle of operation | Wrong duty, wrong policy and rejected C/O | Finalize HS before C/O and declaration |
| Certificate validity | Will the used-machine inspection certificate exceed 06 months by arrival date? | Inspection certificate, ETA, B/L/AWB | Re-inspection or rejection | Plan inspection timeline backward from ETA |
| MOST approval | Has the Ministry of Science and Technology issued approval before clearance? | Approval document, submitted dossier | Incomplete customs dossier for Article 9 | Submit early, do not wait for port arrival |
| Other specialized policy | Does the machine trigger Group 2, energy, safety inspection, ICT/security or environmental policy? | QCVN/TCVN, Group 2 list, module list | Missing permit or post-clearance obligation | Review policy for each model and accessory |
PRACTICAL E2E WORKFLOW
Confirm Article 9 scope, HS, Decision 18/28/02 policy, duty, C/O, nameplate, certificate validity and any sector policy.
Finalize Invoice, Packing List, B/L/AWB, catalogue/datasheet, model/serial list, nameplate photos, year of manufacture, standards and inspection scope.
Submit Form No. 01 application, stamped enterprise registration certificate, inspection certificate and production-continuity explanation to the Ministry of Science and Technology. Late submission after ETA may hold the shipment.
Green channel: system clearance subject to conditions. Yellow channel: document check. Red channel: document and physical inspection. Common questions include value, HS, model, year, C/O, inspection certificate and approval document.
Move goods to factory/warehouse, complete labeling/conformity/safety inspection if applicable, archive the batch dossier and prepare explanations for post-clearance audit.
PRE-ETA RISK CHECKLIST
| Risk | Consequence | Pre-ETA prevention | Documents to check |
|---|---|---|---|
| Production-continuity need not proven | Weak Article 9 dossier and prolonged review | Prepare process explanation, output impact, downtime and why replacement is necessary | Application letter, production process, maintenance plan |
| Inspection certificate lacks 85%/15% data | Approval condition not satisfied | Agree inspection scope before inspecting the machine | Draft certificate, Article 10, datasheet |
| Inspection certificate older than 06 months at arrival | Re-inspection or dossier rejection | Plan inspection–ETD–ETA–submission timeline | Inspection date, ETA, B/L/AWB |
| Single machine confused with technological line | Wrong dossier, criteria and procedure | Separate single machine / part of line / complete line in contract and packing | Contract, packing list, layout |
| C/O shows wrong HS or description | Special preferential duty denied | Request C/O only after HS and machine name are finalized | C/O, invoice, packing list, catalogue |
| Machine is subject to separate sector policy | Article 9 alone cannot clear all policy obligations | Review Group 2, energy efficiency, occupational safety and environmental policy by model | Sector list, QCVN, test report |
FAQ
| Question | Short answer |
|---|---|
| Can over-age used machinery still be imported? | Yes, Article 9 provides a review mechanism if the enterprise is producing in Vietnam, needs the machine to maintain production, the machine retains at least 85% capacity/performance and consumption does not exceed 15% above design. |
| Is approval from the Ministry of Science and Technology required? | Yes. For Article 9, the approval document from the Ministry of Science and Technology is required in addition to the customs dossier. |
| How long is the inspection certificate valid? | For single used machinery/equipment, it is accepted only when not more than 06 months from issuance to arrival at the Vietnamese border gate. |
| Does Article 9 replace other permits or specialized inspection? | No. If the machine is Group 2 or sector-regulated, the relevant specialized policy must still be reviewed. |
| Can C/O reduce duty? | Potentially, if C/O form, origin criterion, goods description, HS and direct transport comply with the relevant FTA. |
| Are samples, warranty goods or temporary import treated the same? | Not automatically. These cases may fall outside Decision 18 or outside Article 9 and must be reviewed by import purpose. |
| What if invoice model differs from catalogue/nameplate? | Correct the dossier before ETA. Model/serial discrepancies can weaken HS, inspection and Article 9 approval. |
| Can the machine be brought to storage while awaiting documents? | This depends on customs rules and the specific missing document. Do not assume storage release is available without checking the current customs basis. |
TGIMEX IMPLEMENTATION SUPPORT
This guide provides a map for HS, tax, dossier and specialized policy for over-age used machinery requested for production continuity. In real shipments, enterprises still need to review catalogue, datasheet, model, documents, origin and import purpose.
Agent network in more than 60 countries; membership in WCA, WCA China Global, VLA, HNLA; capability in sea, air, road/rail freight, customs clearance, C/O, permits, warehousing and domestic delivery.
Review HS, Decision 18/28/02 policy, C/O, duty, labeling, catalogue, datasheet, model, serial and inspection certificate.
Cross-check Invoice, Packing List, B/L/AWB, C/O, catalogue, inspection certificate, nameplate and technical documents.
Coordinate overseas agents, carriers/airlines, ETA, pre-alert and transport documents.
Prepare declaration dossier, handle Green/Yellow/Red channels and support explanations on HS, value, origin and specialized policy.
Archive dossier by shipment, review labels, conformity, safety inspection or energy labeling where applicable.
For shipments likely to trigger specialized inspection, permits, C/O or labeling requirements, enterprises should not wait until cargo arrival to review documents. A small discrepancy among Invoice, Packing List, catalogue, datasheet, C/O or label may cause document supplementation, clearance delay or unplanned storage costs. TGIMEX supports an E2E import plan: pre-ETA policy review, document control, international freight coordination, customs declaration, clearance handling, domestic delivery and post-clearance recordkeeping.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
Send us the product name, shipping route, current dossier, or implementation request in advance so we can suggest a suitable approach that is practical, focused, and aligned with your shipment.
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