THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 53/2018/ND-CP | Hanoi, April 16, 2018 |
DECREE
AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 58/2016/ND-CP DATED JULY 01, 2016 ON THE SALE AND PROVISION OF CIVIL CRYPTOGRAPHY PRODUCTS AND SERVICES AND THE EXPORTATION OR IMPORTATION OF CIVIL CRYPTOGRAPHY PRODUCTS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Cyberinformation Security dated November 19, 2015;
At the request of the Minister of National Defense;
The Government hereby promulgates a Decree on amendments to the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products.
Article 1. Amendments to the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products
The Appendix II - List of civil cryptography products imported and exported under license enclosed with the Government’s Decree No. 58/2016/ND-CP dated July 01, 2016 is replaced with the Appendix II - List of civil cryptography products imported and exported under license enclosed with this Decree.
Article 2. Application of the List of civil cryptography products imported and exported under license
1. The List of civil cryptography products imported and exported under license shall only be applicable to devices whose HS codes, names and features described match with those defined in the List.
2. If differences arise while determining the HS codes specified in the List enclosed with this Decree and Vietnam’s nomenclature of exports and imports, the Ministry of Finance (the General Department of Customs) shall take charge and cooperate with the Ministry of National Defense (the Government Cipher Committee) in considering assigning HS codes of exports and imports.
Article 3. Transitional clauses
The licenses to import and export civil cryptography products whose names match with those defined in Vietnam's nomenclature of exports and imports issued to enterprises shall remain effective. The customs authority shall, according to the issued license to import and export civil cryptography products and exports and imports in reality, assign HS codes and initiate customs clearance procedures.
Article 4. Effect
This Decree comes into force from April 16, 2018.
Article 5. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People's Committees of provinces and central-affiliated cities and relevant authorities are responsible for the implementation of this Decree./.
| ON BEHALF OF THE GOVERNMENT |
APPENDIX II
LIST OF CIVIL CRYPTOGRAPHY PRODUCTS IMPORTED AND EXPORTED UNDER LICENSE
(Enclosed with the Government’s Decree No. 53/2018/ND-CP dated April 16, 2018)
HS code | Name | Description of cryptographic features |
84.43 | Printing machinery using printing means of plates (composition rollers), cylinders and other printing components of heading 84.42; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof |
|
| - Other printers, copying machines and facsimile machines, whether or not combined: |
|
8443.31 | - - Machines which perform two or more of the functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network |
|
| - - - Combined printing-copying-facsimile machines: |
|
8443.31.31 | - - - - Colour | Facsimile and telegraph security products. |
8443.31.39 | - - - - Other | Facsimile and telegraph security products. |
| - - - Other: |
|
8443.31.91 | - - - - Combined printing-copying-scanning-facsimile machines | Facsimile and telegraph security products. |
8443.31.99 | - - - - Other | Facsimile and telegraph security products. |
8443.32 | - - Other, capable of connecting to an automatic data processing machine or to a network: |
|
| - - - Facsimile machine: |
|
8443.32.41 | - - - - Colour | Facsimile and telegraph security products. |
8443.32.49 | - - - - Other | Facsimile and telegraph security products. |
8443.32.90 | - - - Other | Facsimile and telegraph security products. |
| - Parts and accessories |
|
8443.99 | - - Other |
|
8443.99.90 | - - - Other | Parts and accessories of facsimile and telegraph security products |
84.71 | Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included |
|
8471.30 | - Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display: |
|
8471.30.90 | - - Other | Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security. |
| - Other automatic data processing machines: |
|
8471.41 | - - Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined: |
|
8471.41.90 | - - - Other | Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security. |
8471.49 | - - Other, in the form of systems: |
|
8471.49.90 | - - - Other | Products with at least one of the features: biometric cryptography; cryptographic key management or storage; IP and channel security. |
8471.50 | - Processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units: |
|
8471.50.90 | - - Other | Processing units with encryption feature. |
8471.70 | - Storage units: |
|
8471.70.20 | - - Hard drives | Encrypted hard drives |
| - - Other: |
|
8471.70.99 | - - - Other | Storage units with encryption feature. |
8471.80 | - Other units of automatic data processing machines: |
|
8471.80.90 | - - Other | Products with at least one of the features: biometric cryptography; cryptographic key management or storage; cryptographic components of PKI systems; stored data security; data security; IP and channel security. |
8471.90 | - Other |
|
8471.90.30 | - - Electronic fingerprint recognition system | Products with data encryption feature. |
8471.90.40 | - - Other optical character readers | Products with data encryption feature. |
8471.90.90 | - - Other | Products with data encryption feature. |
84.73 | Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 84.70 to 84.72 |
|
8473.30 | - Parts and accessories of machines of heading 84.71 |
|
8473.30.10 | - - Assembled printed circuit boards | Assembled printed circuit boards integrated with encryption feature. |
8473.30.90 | - - Other | Products integrated with encryption feature. |
85.17 | Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of headings 84.43, 85.25, 85.27 or 85.28 |
|
| - Telephone sets, including telephones for cellular networks or for other wireless networks: |
|
8517.11.00 | - - Line telephone sets with cordless handsets | Products with at least one of the features: analog or digital voice security; wired voice security. |
8517.12.00 | - - Telephones for cellular networks or for other wireless networks | Products with at least one of the features: analog or digital voice security; wired voice security. |
8517.18.00 | - - Other | Products with encryption feature. |
| - Other apparatus for transmission or reception of voice, images or data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): |
|
8517.62 | - - Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: |
|
8517.62.10 | - - - Radio transmitters and radio receivers of a kind used for simultaneous interpretation at multilingual conferences | Products with at least one of the features: IP security; channel security. |
| - - - Units of automatic data processing machines other than units of heading 84.71: |
|
8517.62.21 | - - - - Control and adaptor units, including gateways, bridges and routers | Products with at least one of the features: IP security; channel security. |
8517.62.29 | - - - - Other | Products with at least one of the features: IP security; channel security. |
8517.62.30 | - - - Telephonic or telegraphic switching apparatus | Products with at least one of the features: IP security; channel security. |
| - - - Apparatus for carrier-current line systems or for digital line systems: |
|
8517.62.41 | - - - - Modems including cable modems and modem cards | Products with at least one of the features: IP security; channel security. |
8517.62.42 | - - - - Concentrators or multiplexers | Products with at least one of the features: IP security; channel security. |
8517.62.49 | - - - - Other | Products with at least one of the features: IP security; channel security. |
| - - - Other transmission apparatus incorporating reception apparatus: |
|
8517.62.51 | - - - - Wireless LANs | Products with at least one of the features: IP security; channel security. |
8517.62.52 | - - - - Transmission and reception apparatus of a kind used for simultaneous interpretation at multilingual conferences | Products with at least one of the features: IP security; channel security. |
8517.62.53 | - - - - Other transmission apparatus for radio-telephony or radio-telegraphy | Products with at least one of the features: IP security; channel security. |
8517.62.59 | - - - - Other | Products with at least one of the features: IP security; channel security. |
| - - - Other transmission apparatus: |
|
8517.62.61 | - - - - For radio-telephony or radio-telegraphy | Products with at least one of the features: IP security; channel security. |
8517.62.69 | - - - - Other | Products with at least one of the features: IP security; channel security. |
| - - - Other: |
|
8517.62.91 | - - - - Portable receivers for calling, alerting or paging and paging alert devices, including pagers | Products with at least one of the features: IP security; channel security. |
8517.62.92 | - - - - For radio-telephony or radio-telegraphy | Products with at least one of the features: IP security; channel security. |
8517.62.99 | - - - - Other | Products with at least one of the features: IP security; channel security. |
8517.69.00 | - - Other | Products with encryption feature. |
8517.70 | - Parts |
|
8517.70.10 | - - Of control and adaptor units, including gateways, bridges and routers | Parts of control and adaptor units, and routers with encryption feature. |
| - - Of transmission apparatus, other than radio-broadcasting or television transmission apparatus, or of portable receivers for calling, alerting or paging and paging alert devices, including pagers: |
|
8517.70.21 | - - - Of cellular telephones | Parts of cellular telephones with encryption feature. |
8517.70.29 | - - - Other | Parts of products with encryption feature. |
| - - Other printed circuit boards, assembled: |
|
8517.70.31 | - - - Of goods for line telephony or line telegraphy | Parts of goods for line telephony or line telegraphy with encryption feature. |
8517.70.32 | - - - Of goods for radio-telephony or radio-telegraphy | Parts of goods for radio-telephony or radio-telegraphy with encryption feature. |
8517.70.39 | - - - Other | Parts of products with encryption feature. |
| - - Other: |
|
8517.70.91 | - - - Of goods for line telephony or line telegraphy | Parts of goods for line telephony or line telegraphy with encryption feature. |
8517.70.92 | - - - Of goods for radio-telephony or radio-telegraphy | Parts of goods for radio-telephony or radio-telegraphy with encryption feature. |
8517.70.99 | - - - Other | Parts of products with encryption feature. |
85.23 | Discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37 |
|
| - Semiconductor media |
|
8523.51 | - - Non-rewritable semiconductor media: |
|
| - - - Unrecorded: |
|
8523.51.11 | - - - - Of a kind suitable for computer use | Products are cryptographic components of PKI systems; stored data security products |
8523.51.19 | - - - - Other | Products are cryptographic components of PKI systems; stored data security products |
| - - - - Other: |
|
| - - - - Of a kind used for reproducing phenomena other than sound or image: |
|
8523.51.21 | - - - - - Of a kind suitable for computer use | Products are cryptographic components of PKI systems; stored data security products. |
8523.51.29 | - - - - - Other | Products are cryptographic components of PKI systems; stored data security products. |
8523.51.30 | - - - - Other, of a kind used for reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format storage (recorded) media | Products are cryptographic components of PKI systems; stored data security products |
| - - - - Other: |
|
8523.51.91 | - - - - - Other, containing cinematographic movies other than newsreels, travelogues, technical, scientific movies, and other documentary movies | Products are cryptographic components of PKI systems; stored data security products |
8523.51.92 | - - - - - Other, of a kind suitable for cinematography | Products are cryptographic components of PKI systems; stored data security products |
8523.51.99 | - - - - - Other | Products are cryptographic components of PKI systems; stored data security products |
8523.52.00 | - - “Smart cards” | Products are cryptographic components of PKI systems; stored data security products |
85.25 | Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders |
|
8525.50.00 | - Transmission apparatus | Products with at least one of the features: IP security; channel security; wireless security |
8525.60.00 | - Transceivers | Products with at least one of the features: IP security; channel security; wireless security |
85.26 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus |
|
| - Other: |
|
8526.91 | - - Radio navigational aid apparatus |
|
8526.91.10 | - - - Radio navigational aid apparatus, of a kind for use in civil aircraft, or of a kind used solely on sea-going vessels | Products with wireless security feature. |
8526.91.90 | - - - Other | Products with wireless security feature. |
8526.92.00 | - - Radio remote control apparatus | Products with wireless security feature. |
85.28 | Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus |
|
| - Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: |
|
8528.71 | - - Not designed to incorporate a video display or screen: |
|
| - - - Set top boxes which have a communication function: |
|
8528.71.11 | - - - - Powered by the electrical grid | Products with at least one of the features: IP security; channel security. |
8528.71.19 | - - - - Other | Products with at least one of the features: IP security; channel security. |
| - - - Other: |
|
8528.71.91 | - - - - Powered by the electrical grid | Products with at least one of the features: IP security; channel security. |
8528.71.99 | - - - - Other | Products with at least one of the features: IP security; channel security. |
85.29 | Parts suitable for use solely or principally with the apparatus of headings 85.25 to 85.28 |
|
8529.90 | - Other: |
|
8529.90.20 | - - For use with decryption units | Units with encryption feature. |
| - - Other printed circuit boards, fully assembled: |
|
8529.90.51 | - - - For use with products of subheadings 8525.50 or 8525.60 | Units with encryption feature. |
85.42 | Electronic integrated circuits |
|
| - Electronic integrated circuits: |
|
8542.31.00 | - - Processors and controllers, whether or not combined with memories, converters, logic circuits, amplifiers, clock and timing circuits, or other circuits | Products are cryptographic components of PKI systems; stored data security products. |
8542.32.00 | - - Memory cards | Stored data security products. |
85.43 | Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter |
|
8543.70 | - Other machines and apparatus: |
|
8543.70.20 | - - Remote control apparatus, except radio remote control apparatus | Products with wireless security feature. |
8543.70.90 | - - Other | Products with wireless security feature. |
8543.90 | - Parts: |
|
8543.90.90 | - - Other | Units with encryption feature. |