Decision No. 31/2019/QD-TTg dated October 09, 2019 on prescribing importation of used information technology products under import prohibition for scientific research and processing and repair of those ones as ordered by foreign partners for selling abroad

DECISION

PRESCRIBING IMPORTATION OF USED INFORMATION TECHNOLOGY PRODUCTS UNDER IMPORT PROHIBITION FOR SCIENTIFIC RESEARCH AND PROCESSING AND REPAIR OF THOSE ONES AS ORDERED BY FOREIGN PARTNERS FOR SELLING ABROAD

Pursuant to the Law on government organization dated June 19, 2015;

Pursuant to the Law on foreign trade management dated June 12, 2017;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some articles of the Law on foreign trade management; 

At the request of the Minister of Information and Communications;

The Prime Minister promulgates a Decision prescribing the importation of used information technology products under import prohibition for scientific research and the processing and repair of those ones as ordered by foreign partners for selling abroad.

Article 1. Scope

This Decision stipulates application, procedures and authority to permit the importation of used information technology products under import prohibition for scientific research and the processing/repair of those ones as ordered by foreign partners for selling abroad.

Article 2. Regulated entities   

This Decision applies to:

1. Importers of used information technology products under import prohibition for scientific research.

2. Processors/repairers of used information technology products under import prohibition as ordered by foreign partners for selling abroad.

3. Relevant regulatory authorities, organizations and individuals.

Article 3. Definitions

1. “used information technology (IT) products under import prohibition” refers to IT products which have been commercialized and put into use, excluding product samples or IT products under the process of research and development.

2. “scientific research” specified in this Decision comprises one of the following activities: analysis, design, testing, experiment and improvement with the objectives of developing products or working out new methods, solutions or technical means of higher value.

3. “processing/repair of used IT products” comprises one or more of the following stages of manufacturing process carried out at the request of the ordering party, including: replacement of an IT product’s components, assembling, repair, restoration or upgrading of its functions, or refurbishment to attain the equivalent state of functionality or appearance to a new product of the same model.

Article 4. Criteria and requirements to be satisfied to obtain permission to import used IT products under import prohibition for scientific research or process/repair those ones as ordered by foreign partners

1. General criteria and requirements for importation of used IT products under import prohibition for scientific research or processing/repair of those ones for foreign partners:

a) Imports shall be used only and directly for scientific research or processing purposes; they must not be sold or given as gifts;

b) Imports must not cause environmental pollution as prescribed in the Law on environmental protection.

2. In order to obtain permission to import used IT products under import prohibition for scientific research, the following criteria and requirements must be met:

a) Imports must meet general criteria and requirements laid down in Clause 1 of this Article;

b) Imports must be on the list of products and equipment used for scientific research enclosed with an approved scientific research scheme or project;

c) Imports are leased, sold or lent by foreign partners because they have special or dedicated nature or specifications which cannot be replaced by domestic products.

3. In order to obtain permission to process/repair used IT products under import prohibition for foreign partners, the following criteria and requirements must be met:

a) Imports for processing must meet general criteria and requirements laid down in Clause 1 of this Article;

b) Plans or measures for preventing environmental pollution must be implemented during the processing/repair of products as prescribed in the Law on environmental protection;

c) The factory, manufacturing plant, technological line and equipment serving processing/repair activities must be conformable with the manufacturing process of each model of products; the personnel plan must be available and meet production scale;

d) Apart from the satisfaction of the requirements laid down in Points a, b and c Clause 3 of this Article, the processing/repair of used IT products under import prohibition must also comply with regulations on processing of normal goods in the Decree No. 69/2018/ND-CP and relevant law provisions.

Article 5. Application, authority and procedures for permitting importation of used IT products under import prohibition for scientific research

1. An application for import permit includes:

a) The written commitment and request for permission to import used IT products under import prohibition for scientific research purpose, which is made by the importer according to Form No. 01 provided in the Appendix enclosed herewith: 01 original;

b) The enterprise registration certificate, business registration certificate or investment registration certificate: 01 certified true copy; 

c) The written description of the goods; the proof of origin of the goods (invoice, bill of lading, contract, etc.): 01 copy;

d) The decision on approval for the scientific research project, the draft scientific research scheme or another document which must specify objectives, contents, expected findings and implementation duration of scientific research task; the written explanation about categories and quantity of the goods to be imported, time limit and measure for handling goods upon completion of scientific research task: 01 original;

dd) Other relevant documents (if any).

2. The Prime Minister authorizes the Minister of Information and Communications to consider granting permission to import used IT products under import prohibition for scientific research according to criteria, requirements, applications and procedures specified herein.

3. Procedures for granting import permit:

a) The importer shall submit an application as prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No. 18, Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the relevant regulatory authority;

b) If the application is insufficient or invalid, within 01 business day, the Ministry of Information and Communications shall request the applicant to modify it;

c) Within 05 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications shall consider making decision on grant of permission to import used IT products under import prohibition for scientific research. If an application is refused, the Ministry of Information and Communications shall give written reasons for its refusal.

Within 02 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications may send written request for opinions from relevant ministries and ministerial agencies if necessary. Within 05 business days from the receipt of the written request from the Ministry of Information and Communications, the requested ministries and ministerial agencies must provide their written opinions.  The duration for getting such opinions shall not be included in the time limit for processing an application for import permit.

Article 6. Application, authority and procedures for permitting the processing/repair of used IT products under import prohibition as ordered by foreign partners

1. An application for permission to process/repair used IT products under import prohibition includes:

a) The written commitment and request for permission to process/repair used IT products under import prohibition as ordered by foreign partners, which is made by the importer according to Form No. 02 provided in the Appendix enclosed herewith: 01 original;

b) The enterprise registration certificate, business registration certificate or investment registration certificate: 01 certified true copy;

c) The processor/repairer’s profile which includes documents/statements about its factory, manufacturing plant, technological line and equipment serving processing and repair activities which must be conformable with the manufacturing process of each model of products, its personnel meeting production scale, and its financial capacity: 01 original.   (If the processor/repairer has been permitted previously, this document is not required provided that the new or modified processing contract does not cause changes in the scale, capacity, categories or specifications of the product);

d) The decision on approval for the environmental impact assessment report or the certificate of the environmental protection plan for the processing/repair project as prescribed in the Law on environmental protection, issued by a competent authority based on the scale, capacity and specifications of the product of the project: 01 certified true copy.  (If the processor/repairer has been permitted previously, this document is not required provided that the new or modified processing contract does not cause changes in the scale, capacity, categories or specifications of the product);

dd) The processing/repair contract signed with the foreign partner as regulated by law: 01 original or notarized copy.

2. The Prime Minister authorizes the Minister of Information and Communications to consider granting permission to process/repair used IT products under import prohibition as ordered by foreign partners according to criteria, requirements, applications and procedures specified herein.

3. Procedures for granting permit to process/repair used IT products under import prohibition:

a) The processor/repairer shall submit an application as prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No. 18, Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the relevant regulatory authority;

b) If the application is insufficient or invalid, within 01 business day, the Ministry of Information and Communications shall request the applicant to modify it;

c) Within 05 business days from the receipt of sufficient and valid application, the Minister of Information and Communications shall consider making decision on grant of permission to process/repair used IT products under import prohibition as ordered by foreign partners.  If an application is refused, the Ministry of Information and Communications shall give written reasons for its refusal.

Within 02 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications may send written request for opinions from relevant ministries and ministerial agencies if necessary. Within 05 business days from the receipt of the written request from the Ministry of Information and Communications, the requested ministries and ministerial agencies must provide their written opinions.  The duration for getting such opinions shall not be included in the time limit for application processing.

Article 7. Obligations of importers and processors/repairers, and reporting

1. Importers of used IT products under import prohibition for scientific research and processors/repairers of those ones as ordered by foreign partners shall strictly comply with relevant laws and provisions herein.

2. Importers and processors/repairers shall assume responsibility for categories, quantity and quality of imports.

3. After 03 months from the completion of the scientific research task, importers of used IT products under import prohibition for scientific research shall re-export or destroy such imported products as regulated by law .

4. Processors/repairers must re-export all processed/repaired products which are not allowed to be sold in Vietnam in accordance with applicable law regulations on processing of goods.

5. Processors/repairers shall submit annual reports on their operations according to Form No. 03 provided in the Appendix enclosed herewith after they are permitted to process/repair used IT products under import prohibition.

Article 8. Implementation organization

1. The Ministry of Information and Communications shall play the leading role and cooperate with relevant ministries, ministerial agencies and Provincial People's Committees to organize, instruct and inspect the implementation of this Decision, and submit consolidated reports on difficulties that arise during the implementation of this Decision and are beyond its competence to the Prime Minister for consideration.

2. The Ministry of Finance, Ministry of Industry and Trade and relevant ministries and Provincial People's Committees shall cooperate with the Ministry of Information and Communications in organizing the implementation of this Decision.

Article 9. Transition

Written permissions given to importers of used IT products under import prohibition for scientific research and processors/repairers of those ones as ordered by foreign partners in accordance with law regulations before the effective date of this Decision shall remain valid.

Article 10. Implementation

1. This Decision comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of Provincial People’s Committees, relevant organizations and individuals shall be responsible for the implementation of this Decision./.

APPENDIX

(Enclosed with the Prime Minister’s Decision No. 31/2019/QD-TTg dated October 09, 2019)

Form No. 01

To: The Ministry of Information and Communications

1. Name of the importer (both Vietnamese name and abbreviated name are specified):  ……………………………

2. Telephone: ………………………. Fax: …………………………. E-mail: …………………..

3. Tax identification number: ………………………………………………………………………………………

4. Business address:  ………………………………………………………………………………..

5. Legal representative: ………………………………ID Card/Passport No.:  ……………..

6. Attached documents (all documents attached to this form must be specified):  ………………………………………………

Pursuant to the Decision No…………………….dated………………… of the Prime Minister, I/we hereby apply for permission to import the following used IT products under import prohibition to serve my/our scientific research.

I/we undertake that:

- I/we shall fully and strictly comply with the State regulations and regulatory authorities' guidance on the importation of used IT products under import prohibition and other law regulations;

- Imports shall be used only for scientific research and shall not cause environmental pollution as prescribed in the Law on environmental protection;

- After 03 months upon completion of my/our scientific research tasks, the imports which are the used IT products under import prohibition shall be re-exported or destroyed in accordance with law regulations./.

Form No. 02

To: The Ministry of Information and Communications

1. Name of the processor/repairer (both Vietnamese name and abbreviated name are specified):  ……………………………

2. Telephone: …………………….. Fax: ……………………..E-mail:………………………..

3. Tax identification number: ………………………………………………………………………………………

4. Business address:  ………………………………………………………………………………..

5. Legal representative: ………………………………ID Card/Passport No.: …………….

6. Attached documents (all documents attached to this form must be specified):  ………………………………………………

Pursuant to the Decision No…………………….dated………………… of the Prime Minister, I/we hereby apply for permission to process/repair the following used IT products under import prohibition as ordered by the foreign partner under the processing/repair contract No………….

I/we undertake to fully and strictly comply with the State regulations and regulatory authorities' guidance on the processing/repair of used IT products under import prohibition as ordered by foreign partners and other law regulations./.

Form No. 03

To: The Ministry of Information and Communications

1. Name of processor/repairer: ………………………………………………………………………………

2. Tax identification number: ………………………………………………………………………………………

3. Address: …………………………………………………………………………………..

4. Representative:  ………………………………………………………………………………….

5. Telephone: ……………………………………………………………………………………….

6. Email: ………………………………….Fax:…………………………………………………….

Contact address:

Details of the contract:

Number of the processing/repair contract:  ……………………………………………………

Beginning date: ………………………………………………………………………………………

Ending date: ………………………………………………………………………………………

Reporting on quantity of imports:

Reporting on quantity of re-exported products:

Reporting on quantity of products in stock and destroyed:

I/we undertake to fully and strictly comply with the State regulations and regulatory authorities' guidance on the processing/repair of used IT products under import prohibition as ordered by foreign partners and other law regulations./.