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.

Products covered by “Import procedure for used machinery and equipment subject to Decision 18/2019/QD-TTg” at a Vietnam import inspection area
Illustration of the product group and document review before customs clearance.

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 / situationTechnical indicators to checkExamplesEvidencePossible policyDocuments to compareApplication note
Used standalone production machineProduction year, serial/nameplate, capacity, operating conditionPackaging, mixing, cutting, processing machineCatalogue, nameplate photos, invoice, packing listDecision 18; inspection if no manufacturer confirmationManufacturer confirmation or inspection certificateAvoid generic “used machine”; describe main function and specifications.
Used technological lineLine layout, remaining capacity, energy consumption, modulesProduction/packaging/processing lineTechnology flow chart, layout, equipment listArticle 5 Decision 18; 85% capacity and 15% consumption criteriaInspection certificate for the lineTreat as an integrated line if it operates as a connected system.
Machinery subject to Appendix I age limitsSector, production year, manufacturing standardMechanical, wood, paper, printing machineryCatalogue, HS, sector documentsSpecific age limits may differ from 10 yearsAppendix I and inspection/manufacturer docsDo not apply the 10-year rule mechanically to all machines.
Over-age machinery imported to maintain productionRemaining efficiency, consumption, business necessityReplacement machine in an existing lineExplanation letter, inspection certificate, enterprise dossierArticle 9 Decision 18; MOST approvalApplication dossier to MOSTUse only when the importer is producing in Viet Nam and has a justified need.
Machinery with electrical/control unitsPower, control cabinet, inverter, softwareCNC, automatic packaging machineDatasheet, electrical diagram, BOMHS 84/85, electrical safety, labelingCatalogue, datasheet, accessory nameplateAccessories may affect HS or specialized policy.
Excluded or separately regulated machineryGroup 2 list, specialized management, purposeMedical devices, printing equipment, separately regulated itemsSpecialized regulationsDecision 18 may not applyRelevant specialized dossierSeparate 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 codeSuitable goods groupClassification basisConditionsOrdinary import dutyMFN dutyVATC/O/FTA to reviewDocuments to compare
8422Washing, filling, closing, sealing, labeling and packing machinesPackaging/handling functionComplete machine or main moduleUsually 150% of MFN where applicable; verify current tariffOften 0%–5% depending on 8-digit HSUsually 10%ACFTA/RCEP/AKFTA/VKFTA/AJCEP/VJEPA/EVFTA/CPTPP if eligibleCatalogue, nameplate, machine photos, invoice, C/O
8438Food/beverage industry machineryProcessing or preparation functionIndustrial, not household equipmentVerify by 8-digit HSOften 0%–5% depending on itemUsually 10%FTA preferential rate if origin proof is validDatasheet, production process, final HS
8462 / 8465Machine tools for metal/wood/hard materialsCutting, forming, drilling, milling principleFunction clearly identifiedVerify current tariffMay be 0%–5% or another rate by HSUsually 10%Form E/D/AK/VK/AJ/VJ/EUR.1 or origin proofModel, serial, production year, technical specs
8479Machines with individual functions not specified elsewhereSpecial function not covered by a more specific headingUse only when no more specific heading appliesVerify 8-digit descriptionMay be 0%–5% or another rateUsually 10%Origin rule CTH/CTSH/RVCClassification explanation, catalogue, principle
8501 / 8504 / 8537Motors, transformers, inverters, control panelsElectrical device as main item or accessoryIf imported separately, Chapter 85 may applyVerify current tariffWide range depending on capacity and HSUsually 10%FTA by origin and C/O descriptionElectrical 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 routeFTAC/O or origin proofPossible preferential rateConditionsDocumentsNote
ASEANATIGAForm DMay be 0% for many linesOrigin rule and direct transportC/O, invoice, packing list, B/LCheck used machine description and HS.
ChinaACFTA/RCEPForm E or RCEP proofBy HS scheduleOrigin criterion and third-party invoice rulesC/O, invoice, contract, transport docsDo not confuse export country with origin.
KoreaAKFTA/VKFTA/RCEPForm AK, VK or RCEPBy HS scheduleKorean origin and proper transportC/O, catalogue, nameplate if anyMust match production country for Decision 18 documents.
JapanVJEPA/AJCEP/CPTPP/RCEPForm VJ, AJ, CPTPP or RCEPOften preferential for industrial machineryOrigin rule of chosen FTAC/O, invoice, B/L, transit proofJapan may also relate to G7 manufacturer confirmation.
EU/UKEVFTA/UKVFTAEUR.1 or self-certification if eligibleBy tariff scheduleValid origin proofOrigin proof, invoice, packing listReview third-party invoicing and model description.
Australia/New Zealand/India/Hong KongAANZFTA/CPTPP/AIFTA/AHKFTAAANZ, CPTPP, AI, AHKBy route and HSOrigin and direct transportC/O/origin proof, transport docsRoute 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 groupRequired documentsUsed forUsually prepared byCommon errorPre-ETA check
Commercial documentsInvoice, Packing List, B/L/AWB, Contract/PO, C/O if anyDeclaration and tax/C/O reviewShipper, buyer, forwarderGeneric description or missing serial/modelCompare with catalogue and photos.
Technical documentsCatalogue, datasheet, manual, photos, nameplate, line diagramHS and Decision 18 scopeSupplier, technical teamMissing production year or capacityRequest before shipment.
Manufacturer confirmationOriginal confirmation of production year and standards where eligibleAlternative evidence in certain casesManufacturer/shipper/importerNo consular legalization or Vietnamese translationCheck manufacturing country.
Inspection certificateCertificate by a designated organizationClearance or post-preservation submissionInspection body/importerNo conclusion on Decision 18 criteriaBook inspection and location early.
Goods preservation dossierInspection service registration confirmed by designated organizationWhen no certificate is available at declaration timeImporter, broker, inspection bodyLate submission after preservationTrack the 30-day deadline.
MOST approval dossierApplication letter, enterprise registration, inspection certificate and explanationOver-age machinery under Article 9Importer/legal/technical teamsWeak explanation of business continuityPrepare before shipment if age criteria are exceeded.

LEGAL BASIS AND POLICY MATRIX

LEGAL BASIS TO REVIEW

Document groupDocumentIssuing authorityEffective dateRoleKey articles/appendicesReview note
Specialized decisionDecision 18/2019/QD-TTgPrime MinisterEffective 15/06/2019Core rules for import criteria and dossierArticles 1,4,5,6,7,8,9,10,11; Appendices I, IIConfirm scope and exclusions.
Foreign tradeDecree 69/2018/ND-CPGovernmentEffective 15/05/2018Foreign trade management and prohibited/restricted goodsRelevant import/export management provisionsCheck exclusions and prohibited goods.
Technology transferDecree 76/2018/ND-CPGovernmentEffective 01/07/2018Relevant to prohibited/restricted technologiesTechnology transfer listsImportant for used technological lines.
CustomsCustoms Law and guidanceNA/Government/MOFCurrent version to verifyDeclaration, inspection and preservation proceduresCustoms dossier and post-clearance auditDoes not replace Decision 18.
TariffDecree 26/2023/ND-CP and current amendmentsGovernmentAt import timeMFN duty by 8-digit HSChapters 84 and 85Do not finalize duty before HS is finalized.
FTA/C/OSpecial preferential tariff decreesGovernment/MOITBy FTA periodPreferential duty if origin proof is validC/O forms and origin rulesReview by route and origin.
Quality/Group 2Law on Product and Goods Quality and sectoral listsNA/ministriesBy machinery groupMay exclude items from Decision 18 scopeSectoral Group 2 listsUse specialized regulations where applicable.

SPECIALIZED POLICY MATRIX

Goods situationReference basisPossible policyAuthority / portal if knownTriggering condition
Used machinery under Chapter 84/85 for productionDecision 18Allowed if age and standards are satisfiedCustoms and designated inspection bodyUsed and not excluded.
Used technological lineArticle 5 Decision 18; Decree 76/2018Inspection certificate and capacity/consumption criteriaCustoms; inspection bodyIntegrated production line.
G7/Korea machinery with manufacturer confirmationArticle 8 Decision 18Manufacturer confirmation may be used if validCustomsOriginal, legalized and Vietnamese translated confirmation.
No manufacturer confirmation or non-G7/Korea originArticle 8 Decision 18Inspection certificate requiredCustoms; inspection bodyInsufficient manufacturer evidence.
No inspection certificate at declaration timeArticle 8 Decision 18Goods preservation may be requestedCustomsConfirmed inspection service registration.
Over-age machinery for production continuityArticle 9 Decision 18MOST approval requiredMinistry of Science and TechnologyImporter is producing in Viet Nam and justifies necessity.
Group 2 or separately regulated machineryArticle 1 Decision 18 and sectoral rulesSpecialized policy may apply insteadSectoral authorityItem 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

StepRecommended timingOfficial time/fee basisCost risk if delayedControl point
HS and technical dossier lockAt least 7–10 days before ETA where possibleNo separate state feeHS challenge, document queryCatalogue, nameplate, function, production year.
Manufacturer confirmation or inspection bookingBefore shipment or immediately after docs are availableInspection fee depends on providerDEM/DET, warehouse costConfirm inspection body and location.
Goods preservationAt declaration stage if conditions are metCertificate deadline may be up to 30 days from preservation dateLate submission penalties/costsTrack preservation date and deadline.
MOST approval for over-age machinesBefore import if criteria are exceededProcessing timeline depends on valid dossier and consultationNo approval may block clearancePrepare explanation and inspection certificate.
Clearance, trucking and archivingAfter valid dossier and customs processingDepends on channel and dossier statusStorage, lifting and site delayArchive 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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