Import procedure for used machinery and equipment subject to Decision 18/2019/QD-TTg

Mục lục nội dung ẩn
1 IMPORT PROCEDURE FOR USED MACHINERY AND EQUIPMENT SUBJECT TO DECISION 18/2019/QD-TTG
Specialized machinery procedure

IMPORT PROCEDURE FOR USED MACHINERY AND EQUIPMENT SUBJECT TO DECISION 18/2019/QD-TTG

Used machinery is not treated as ordinary mechanical cargo. If the importer does not verify the scope of Decision 18/2019/QD-TTg, the shipment may be held for inspection certificates, explanation of equipment age, preservation procedures, additional documents, or unplanned DEM/DET. This guide provides an end-to-end review map for importers, procurement, legal, compliance, operations and documentation teams before shipping used machinery to Viet Nam.

OPENING: KEY RISKS BEFORE ETA

The decisive factors are HS code, production year, country of manufacture, import purpose, used condition, manufacturing standard, inspection certificate and whether the item falls under exclusions. A mismatch between invoice, packing list, catalogue, nameplate or inspection certificate may block clearance.

Before ETA

Lock HS, production year, serial/nameplate, standards and inspection plan before arrival.

During customs clearance

Customs may request manufacturer confirmation, inspection certificate or goods preservation documents.

After clearance

Keep the inspection certificate, catalogue, machine photos, import declaration and technical dossier for post-clearance audit.

TERMS AND WHY THIS PROCEDURE MATTERS

Machinery/equipment

A complete structure of linked parts and components designed to operate for a specific purpose.

Used condition

Machinery/equipment that has been assembled and operated after leaving the factory.

Equipment age

Calculated from the production year to the import year, which is the year the goods arrive at a Vietnamese border gate.

Inspection certificate

A certificate issued by a designated inspection organization confirming whether the item satisfies Decision 18.

Goods preservation

A mechanism allowing goods to be moved to a preservation site in certain cases pending inspection certificate submission.

ETA

Estimated Time of Arrival – the control point for locking documents and preventing storage/demurrage costs.

Operational note: Decision 18 directly affects clearance. Any description such as used, second-hand, refurbished or reconditioned should be treated carefully.

SCOPE AND PRODUCT CLASSIFICATION

This article applies to used machinery, equipment and technological lines classified under Chapter 84 and Chapter 85, imported for production in Viet Nam and subject to Decision 18/2019/QD-TTg. It does not automatically apply to prohibited goods, Group 2 goods, machinery governed by separate specialized regulations, transit cargo, temporary import for re-export, repair/maintenance contracts or other exclusions.

DETAILED PRODUCT CLASSIFICATION TABLE

Product group / situation Technical indicators to check Examples Evidence Possible policy Documents to compare Application note
Used standalone production machine Production year, serial/nameplate, capacity, operating condition Packaging, mixing, cutting, processing machine Catalogue, nameplate photos, invoice, packing list Decision 18; inspection if no manufacturer confirmation Manufacturer confirmation or inspection certificate Avoid generic “used machine”; describe main function and specifications.
Used technological line Line layout, remaining capacity, energy consumption, modules Production/packaging/processing line Technology flow chart, layout, equipment list Article 5 Decision 18; 85% capacity and 15% consumption criteria Inspection certificate for the line Treat as an integrated line if it operates as a connected system.
Machinery subject to Appendix I age limits Sector, production year, manufacturing standard Mechanical, wood, paper, printing machinery Catalogue, HS, sector documents Specific age limits may differ from 10 years Appendix I and inspection/manufacturer docs Do not apply the 10-year rule mechanically to all machines.
Over-age machinery imported to maintain production Remaining efficiency, consumption, business necessity Replacement machine in an existing line Explanation letter, inspection certificate, enterprise dossier Article 9 Decision 18; MOST approval Application dossier to MOST Use only when the importer is producing in Viet Nam and has a justified need.
Machinery with electrical/control units Power, control cabinet, inverter, software CNC, automatic packaging machine Datasheet, electrical diagram, BOM HS 84/85, electrical safety, labeling Catalogue, datasheet, accessory nameplate Accessories may affect HS or specialized policy.
Excluded or separately regulated machinery Group 2 list, specialized management, purpose Medical devices, printing equipment, separately regulated items Specialized regulations Decision 18 may not apply Relevant specialized dossier Separate the case from this article when a dedicated regulation exists.

HS CODE – DUTY – C/O REVIEW

There is no universal HS code for used machinery. HS must be determined by main function, working principle, structure, industry use, accessories and import condition. Chapter 84/85 classification is also important for determining Decision 18 scope.

PROPOSED HS CODE – DUTY – C/O TABLE

Reference HS code Suitable goods group Classification basis Conditions Ordinary import duty MFN duty VAT C/O/FTA to review Documents to compare
8422 Washing, filling, closing, sealing, labeling and packing machines Packaging/handling function Complete machine or main module Usually 150% of MFN where applicable; verify current tariff Often 0%–5% depending on 8-digit HS Usually 10% ACFTA/RCEP/AKFTA/VKFTA/AJCEP/VJEPA/EVFTA/CPTPP if eligible Catalogue, nameplate, machine photos, invoice, C/O
8438 Food/beverage industry machinery Processing or preparation function Industrial, not household equipment Verify by 8-digit HS Often 0%–5% depending on item Usually 10% FTA preferential rate if origin proof is valid Datasheet, production process, final HS
8462 / 8465 Machine tools for metal/wood/hard materials Cutting, forming, drilling, milling principle Function clearly identified Verify current tariff May be 0%–5% or another rate by HS Usually 10% Form E/D/AK/VK/AJ/VJ/EUR.1 or origin proof Model, serial, production year, technical specs
8479 Machines with individual functions not specified elsewhere Special function not covered by a more specific heading Use only when no more specific heading applies Verify 8-digit description May be 0%–5% or another rate Usually 10% Origin rule CTH/CTSH/RVC Classification explanation, catalogue, principle
8501 / 8504 / 8537 Motors, transformers, inverters, control panels Electrical device as main item or accessory If imported separately, Chapter 85 may apply Verify current tariff Wide range depending on capacity and HS Usually 10% FTA by origin and C/O description Electrical datasheet, nameplate, wiring diagram
C/O control: verify form, origin criterion WO/RVC/CTH/CTSH, third-party invoicing, direct transport, goods description, HS, quantity, weight, origin country and issue date.

SPECIAL PREFERENTIAL C/O/FTA TABLE BY IMPORT ROUTE

Origin route FTA C/O or origin proof Possible preferential rate Conditions Documents Note
ASEAN ATIGA Form D May be 0% for many lines Origin rule and direct transport C/O, invoice, packing list, B/L Check used machine description and HS.
China ACFTA/RCEP Form E or RCEP proof By HS schedule Origin criterion and third-party invoice rules C/O, invoice, contract, transport docs Do not confuse export country with origin.
Korea AKFTA/VKFTA/RCEP Form AK, VK or RCEP By HS schedule Korean origin and proper transport C/O, catalogue, nameplate if any Must match production country for Decision 18 documents.
Japan VJEPA/AJCEP/CPTPP/RCEP Form VJ, AJ, CPTPP or RCEP Often preferential for industrial machinery Origin rule of chosen FTA C/O, invoice, B/L, transit proof Japan may also relate to G7 manufacturer confirmation.
EU/UK EVFTA/UKVFTA EUR.1 or self-certification if eligible By tariff schedule Valid origin proof Origin proof, invoice, packing list Review third-party invoicing and model description.
Australia/New Zealand/India/Hong Kong AANZFTA/CPTPP/AIFTA/AHKFTA AANZ, CPTPP, AI, AHK By route and HS Origin and direct transport C/O/origin proof, transport docs Route alone is not origin.

DOSSIER AND SUBMISSION METHOD

The dossier should be separated into commercial documents, technical/inspection records and authority submission records. Names, models, serials, production year, capacity, manufacturing standards, origin and purpose must be consistent across all files.

OPERATIONAL DOSSIER CHECKLIST

Document group Required documents Used for Usually prepared by Common error Pre-ETA check
Commercial documents Invoice, Packing List, B/L/AWB, Contract/PO, C/O if any Declaration and tax/C/O review Shipper, buyer, forwarder Generic description or missing serial/model Compare with catalogue and photos.
Technical documents Catalogue, datasheet, manual, photos, nameplate, line diagram HS and Decision 18 scope Supplier, technical team Missing production year or capacity Request before shipment.
Manufacturer confirmation Original confirmation of production year and standards where eligible Alternative evidence in certain cases Manufacturer/shipper/importer No consular legalization or Vietnamese translation Check manufacturing country.
Inspection certificate Certificate by a designated organization Clearance or post-preservation submission Inspection body/importer No conclusion on Decision 18 criteria Book inspection and location early.
Goods preservation dossier Inspection service registration confirmed by designated organization When no certificate is available at declaration time Importer, broker, inspection body Late submission after preservation Track the 30-day deadline.
MOST approval dossier Application letter, enterprise registration, inspection certificate and explanation Over-age machinery under Article 9 Importer/legal/technical teams Weak explanation of business continuity Prepare before shipment if age criteria are exceeded.

LEGAL BASIS AND POLICY MATRIX

LEGAL BASIS TO REVIEW

Document group Document Issuing authority Effective date Role Key articles/appendices Review note
Specialized decision Decision 18/2019/QD-TTg Prime Minister Effective 15/06/2019 Core rules for import criteria and dossier Articles 1,4,5,6,7,8,9,10,11; Appendices I, II Confirm scope and exclusions.
Foreign trade Decree 69/2018/ND-CP Government Effective 15/05/2018 Foreign trade management and prohibited/restricted goods Relevant import/export management provisions Check exclusions and prohibited goods.
Technology transfer Decree 76/2018/ND-CP Government Effective 01/07/2018 Relevant to prohibited/restricted technologies Technology transfer lists Important for used technological lines.
Customs Customs Law and guidance NA/Government/MOF Current version to verify Declaration, inspection and preservation procedures Customs dossier and post-clearance audit Does not replace Decision 18.
Tariff Decree 26/2023/ND-CP and current amendments Government At import time MFN duty by 8-digit HS Chapters 84 and 85 Do not finalize duty before HS is finalized.
FTA/C/O Special preferential tariff decrees Government/MOIT By FTA period Preferential duty if origin proof is valid C/O forms and origin rules Review by route and origin.
Quality/Group 2 Law on Product and Goods Quality and sectoral lists NA/ministries By machinery group May exclude items from Decision 18 scope Sectoral Group 2 lists Use specialized regulations where applicable.

SPECIALIZED POLICY MATRIX

Goods situation Reference basis Possible policy Authority / portal if known Triggering condition
Used machinery under Chapter 84/85 for production Decision 18 Allowed if age and standards are satisfied Customs and designated inspection body Used and not excluded.
Used technological line Article 5 Decision 18; Decree 76/2018 Inspection certificate and capacity/consumption criteria Customs; inspection body Integrated production line.
G7/Korea machinery with manufacturer confirmation Article 8 Decision 18 Manufacturer confirmation may be used if valid Customs Original, legalized and Vietnamese translated confirmation.
No manufacturer confirmation or non-G7/Korea origin Article 8 Decision 18 Inspection certificate required Customs; inspection body Insufficient manufacturer evidence.
No inspection certificate at declaration time Article 8 Decision 18 Goods preservation may be requested Customs Confirmed inspection service registration.
Over-age machinery for production continuity Article 9 Decision 18 MOST approval required Ministry of Science and Technology Importer is producing in Viet Nam and justifies necessity.
Group 2 or separately regulated machinery Article 1 Decision 18 and sectoral rules Specialized policy may apply instead Sectoral authority Item appears on Group 2 or special management list.

VIEW / DOWNLOAD ORIGINAL LEGAL TEXT

PROCESSING TIME, FEES AND COST RISKS

PROCESSING TIMELINE, FEES AND COST-RISK TABLE

Step Recommended timing Official time/fee basis Cost risk if delayed Control point
HS and technical dossier lock At least 7–10 days before ETA where possible No separate state fee HS challenge, document query Catalogue, nameplate, function, production year.
Manufacturer confirmation or inspection booking Before shipment or immediately after docs are available Inspection fee depends on provider DEM/DET, warehouse cost Confirm inspection body and location.
Goods preservation At declaration stage if conditions are met Certificate deadline may be up to 30 days from preservation date Late submission penalties/costs Track preservation date and deadline.
MOST approval for over-age machines Before import if criteria are exceeded Processing timeline depends on valid dossier and consultation No approval may block clearance Prepare explanation and inspection certificate.
Clearance, trucking and archiving After valid dossier and customs processing Depends on channel and dossier status Storage, lifting and site delay Archive records by machine/line.

PRACTICAL E2E PROCEDURE

Pre-ETA review

Confirm HS, Decision 18 scope, production year, manufacturing country, used/refurbished status, standards and need for inspection.

Document lock

Cross-check invoice, packing list, B/L/AWB, catalogue, datasheet, nameplate photos, model/serial and C/O.

Evidence strategy

Decide whether manufacturer confirmation can be used or an inspection certificate is required.

Specialized application if needed

Prepare Article 9 dossier for over-age machinery or line inspection dossier for technological lines.

Customs declaration

Green/Yellow/Red channels may involve HS, value, age, inspection certificate, C/O and description queries.

Goods preservation or clearance

If eligible, request preservation pending inspection certificate; control the 30-day submission deadline.

Trucking, installation and post-clearance records

Archive declaration, certificate, C/O, photos, catalogue and installation/handover records.

FAQ

1. Which used machinery is subject to Decision 18?

Used machinery/equipment/technological lines under Chapter 84 or 85 imported for production in Viet Nam and not excluded or separately regulated.

2. Is the 10-year age limit mandatory?

Generally yes, but Appendix I provides specific age limits for certain sectors.

3. Can over-10-year machinery be imported?

It may be considered under Article 9 if the importer is producing in Viet Nam and needs it to maintain production, subject to conditions and MOST approval.

4. Is an inspection certificate always required for G7/Korea-origin machinery?

Not always. A valid manufacturer confirmation may be used in certain cases; otherwise inspection is required.

5. What should the inspection certificate show?

Machine information, production year, standards, evaluation criteria and a conclusion on compliance with Decision 18.

6. Can inspection be done after arrival?

Goods preservation may be requested in certain cases, but the inspection certificate must be submitted within the applicable deadline.

7. Does Group 2 machinery follow Decision 18?

Decision 18 excludes Group 2 goods and items subject to specialized sectoral regulations; separate rules must be reviewed.

8. Does C/O reduce duty for used machinery?

Yes if valid and the final HS code has a preferential rate, but C/O does not replace Decision 18 compliance documents.

9. What should be checked before buying used machinery?

Nameplate photos, production year, serial, origin, catalogue, operating video, standards, line layout and inspection/manufacturer document plan.

10. What must be archived after clearance?

Declaration, inspection certificate or manufacturer confirmation, catalogue, photos, C/O, transport documents and installation/handover records.

OUTPUTS AND POST-CLEARANCE OBLIGATIONS

Expected output

Processed declaration and machinery released according to the applicable customs/specialized requirements.

Post-clearance obligations

Archive inspection, technical, C/O and import records by shipment or by machine/line.

Ongoing control

Review tax, customs, accounting and specialized policy obligations before change of use or transfer.

TGIMEX SOLUTION

For used machinery subject to Decision 18, document control should start before ETA. The focus is to verify the scope, lock commercial and technical documents, prepare inspection evidence and coordinate logistics to reduce storage, demurrage, installation delay and post-clearance audit risks.

HS and scope review

Check Chapter 84/85 classification, used condition, exclusions, Group 2 lists and specialized regulations.

Technical dossier control

Review catalogue, datasheet, nameplate photos, production year, serial, manufacturing standards and accessories.

Inspection certificate management

Determine manufacturer confirmation, inspection certificate, preservation procedure and submission deadlines.

C/O and landed cost review

Review C/O form, origin criterion, final HS, MFN duty, special preferential duty and VAT.

Port/warehouse coordination

Plan trucking, preservation/inspection site, lifting, customs inspection and factory installation timeline.

Post-clearance recordkeeping

Archive declaration, certificate, C/O, machine photos, catalogue, transport documents and handover records.

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