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1 IMPORT PROCEDURE GUIDE FOR USED MACHINERY EXCEEDING ORDINARY AGE CRITERIA BUT REQUESTED FOR PRODUCTION CONTINUITY

1.3 CLASSIFICATION & TECHNICAL IDENTIFICATION

1.3.1 TECHNICAL IDENTIFICATION CRITERIA

1.4 HS CODE – DUTY – C/O

1.4.1 REFERENCE TAX REVIEW TABLE

1.5 APPLICABLE SPECIALIZED POLICY

1.6 LEGAL DOCUMENTS TO REVIEW

1.7 VIEW / DOWNLOAD ORIGINAL LEGAL TEXTS

1.8 CUSTOMS CLEARANCE DOCUMENT SET

1.8.1 OPERATIONAL DOSSIER CHECKLIST

1.9 DECISION POINTS THAT MAY HOLD THE SHIPMENT

1.10 PRACTICAL E2E WORKFLOW

1.11 PRE-ETA RISK CHECKLIST

1.12 FAQ

1.13 TGIMEX IMPLEMENTATION SUPPORT

Used machinery · Article 9 · Production continuity

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.

Legal note: This article applies only to used machinery/equipment exceeding ordinary age criteria but requested by an enterprise producing in Vietnam to maintain production/business operations under Article 9 of Decision 18/2019/QD-TTg and its amendments. Review catalogue, datasheet, model, serial, production year, inspection certificate, intended use and sector-specific policy before applying this procedure.

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

Decision 18/2019/QD-TTg Decision 28/2022/QD-TTg Decision 02/2026/QD-TTg Decree 199/2025/ND-CP

Enterprises should additionally verify the documents on official legal document portals or websites of issuing authorities before applying them.

CUSTOMS CLEARANCE DOCUMENT SET

Commercial documents

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

Article 9 dossier

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

Technical / sector dossier

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

Pre-ETA review.

Confirm Article 9 scope, HS, Decision 18/28/02 policy, duty, C/O, nameplate, certificate validity and any sector policy.

Lock documents and technical files.

Finalize Invoice, Packing List, B/L/AWB, catalogue/datasheet, model/serial list, nameplate photos, year of manufacture, standards and inspection scope.

Prepare Article 9 approval dossier.

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.

Lodge customs declaration.

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.

Clear, deliver and complete post-clearance obligations.

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.

Operational capability signals

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.

Pre-ETA review

Review HS, Decision 18/28/02 policy, C/O, duty, labeling, catalogue, datasheet, model, serial and inspection certificate.

Compliance dossier control

Cross-check Invoice, Packing List, B/L/AWB, C/O, catalogue, inspection certificate, nameplate and technical documents.

International logistics

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

Customs declaration

Prepare declaration dossier, handle Green/Yellow/Red channels and support explanations on HS, value, origin and specialized policy.

Post-clearance

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.

Used Production Machines, Used Packaging Machines, Used Processing Machines and Used Industrial Machinery

Import procedure guide for used machinery exceeding ordinary age criteria but requested for import to maintain production and business operations

IMPORT PROCEDURE GUIDE FOR USED MACHINERY EXCEEDING ORDINARY AGE CRITERIA BUT REQUESTED FOR PRODUCTION CONTINUITY

QUICK FACTS

SCOPE OF APPLICATION