Quyết định 28/2022/QĐ-TTg của Thủ tướng Chính phủ về việc sửa đổi, bổ sung một số điều của Quyết định 18/2019/QĐ-TTg ngày 19/4/2019 quy định việc nhập khẩu máy móc, thiết bị, dây chuyền công nghệ đã qua sử dụng

DECISION

AMENDMENTS TO DECISION NO. 18/2019/QD-TTG DATED APRIL 19, 2019 PRESCRIBING IMPORT OF USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

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 Science and Technology of Vietnam;

The Prime Minister promulgates a Decision providing amendments to the Decision No. 18/2019/QD-TTG dated April 19, 2019 prescribing the import of used machinery, equipment and technological lines.

Article 1. Amendments to Decision No. 18/2019/QD-TTG dated April 19, 2019 of the Prime Minister

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“3. Import of used technological lines by high-tech enterprises or projects applying high technologies or projects eligible for special investment incentives as prescribed in Clause 2 Article 20 of the Law on Investment:

High-tech enterprises or investors of projects applying high technologies or projects eligible for special investment incentives as prescribed in Clause 2 Article 20 of the Law on Investment may import the used technological lines according to the provisions on documentation and procedures for importing used technological lines laid down in Article 7 or the provisions on simplified import procedures laid down in Article 7a of this Decision.”.

2. Article 7a is added as follows:

“Article 7a. Simplified procedures for import of used technological lines by high-tech enterprises or projects applying high technologies or projects eligible for special investment incentives as prescribed in Clause 2 Article 20 of the Law on investment

1. Import documents:

In addition to the import documents prescribed in the Law on Customs, when following import procedures for the first shipment of a technological line, the importer is required to submit the following documents:

a) The copy of the certificate of registration of a high-tech enterprise or certificate of registration of application of high technologies issued by the Ministry of Science and Technology of Vietnam or the investment registration certificate or the decision on approval of investment guidelines or the written agreement concluded with a competent authority, which indicates information on the project eligible for special investment incentives;

b) The importer’s commitment which is made using Form No. 01 in Appendix III enclosed herewith and accompanied by the list of machinery and equipment pieces of the used technological line to be imported;

c) The application for inspection of the technological line after it has been imported, assembled and put into operation, which is made using Form No. 02 in Appendix III enclosed herewith, bears certification given by the designated inspection body and is accompanied by the list of machinery and equipment pieces of the used technological line to be imported.

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2. Import procedures:

a) After submitting the import dossier and the documents prescribed in Clause 1 of this Article to the customs authority, the importer may transport imported goods to their warehouse in accordance with regulations of law. The importer shall follow import procedures for other shipments of the used technological line with the same customs authority only.

b) The importer shall submit the inspection certificate to the customs authority within a maximum period of 12 months from the date of transport of the first shipment to their warehouse as prescribed in the Law on Customs. The customs authority shall initiate customs clearance procedures as prescribed only if the import dossier and the documents prescribed in Clause 1 of this Article are adequate and valid, and the inspection certificate shows that the used technological line satisfies the criteria laid down in Article 5 of this Decision. During the storage of imported machinery and equipment as prescribed in the Law on customs, the importer shall only assemble and operate the imported technological line to serve the inspection tasks. The operation of the imported technological line to serve the importer’s production is banned.

If the assembly, operation and inspection of a highly complex technological line which cannot be completed by the committed deadline, at least 30 days before the prescribed deadline for submission of the inspection certificate, the importer shall submit an application for extension of the time limit for submission of the inspection certificate which is made using Form No. 03 in Appendix III enclosed herewith and bear certification given by the designated inspection body to the Ministry of Science and Technology of Vietnam and the customs authority where import procedures are followed. Such extension shall be made once only and shall not exceed 6 months from the importer’s committed deadline.

If the inspection result shows that the used technological line fails to meet the requirements laid down in Article 5 of this Decision, the importer shall incur penalties in accordance with regulations on penalties for administrative violations in customs field and is compelled to re-export imported machinery and equipment.

c) Within 05 working days after completion of customs clearance procedures or refusal to grant customs clearance, the importer shall submit report which is made using Form No. 04 in Appendix III enclosed herewith to the Ministry of Science and Technology of Vietnam and the People's Committee of province or central-affiliated city where the project is located.”

3. Point a Clause 2 Article 10 is amended as follows:

“a) With regard to a used technological line, the inspection certificate has been issued no more than 18 months before the technological line arrives at a Vietnam’s port.

With regard to a used technological line prescribed in Article 7a of this Decision, the inspection certificate has been issued no more than 3 months.”

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“3. The inspection of the used technological line according to the criteria laid down in Article 5 of this Decision must be conducted in the exporting country while the technological line is operating, except the case prescribed in Article 7a of this Decision.”

5. Clause 4 is added to Article 10 as follows:

“4. In the case prescribed in Article 7a of this Decision, the inspection of the used technological line shall be conducted at the importer’s manufacturing site or the project location after the imported used technological line has been assembled and put into operation and while the technological line is operating.”

6. Clause 7 is added to Article 12 as follows:

“7. Within 3 months from the receipt of an importer’s report on completion of customs clearance procedures, the Ministry of Science and Technology of Vietnam shall cooperate with the People’s Committee of province or central-affiliated city where the project is located and relevant authorities in conducting the inspection of compliance with regulations of law on safety, economical and effective use of energy, and environmental protection in case of import of used technological lines following simplified import procedures. If any violation is detected, the violating enterprise or project shall incur penalties in accordance with regulations of law.”

7. Article 13 is amended as follows:

“Article 13. Responsibilities of Ministries, ministerial agencies, Governmental agencies, and provincial People's Committees

1. Cooperate with the Ministry of Science and Technology of Vietnam in organizing the implementation of this Decision.

2. Based on social – economic development as well as state management requirements in specialized fields, ministries and ministerial agencies shall suggest the criteria on age of used machinery and equipment in their managing fields to the Ministry of Science and Technology of Vietnam for consolidating and reporting to the Prime Minister.

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3. The People’s Committee of province or central-affiliated city where the project is located shall cooperate with the Ministry of Science and Technology of Vietnam and relevant authorities in conducting inspection of enterprises that import used technological lines following simplified import procedures as prescribed in Clause 7 Article 12 of this Decision.

If the grant of customs clearance is refused, the People’s Committee of province or central-affiliated city where the project is located shall assign its affiliated science and technology authority to cooperate with the relevant customs authority in inspecting the compliance with penalty imposition decision and re-export of the used technological line in accordance with regulations of law in force.”

8. HS codes of machinery and equipment pieces are amended according to Appendix I enclosed herewith.

9. Appendix III is enclosed herewith, comprising:

Form No. 01. Commitment.

Form No. 02. Application for inspection.

Form No. 03. Application for extension of the time limit for submission of the inspection certificate.

Form No. 04. Enterprise’s report.

Form No. 05. Report submitted by an inspection body.

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1. This Decision comes into force from March 01, 2023.

2. If any legislative documents referred to in this Decision are amended or replaced, the new ones shall apply.

3. Difficulties that arise during the implementation of this Decision should be reported to the Ministry of Science and Technology of Vietnam for consolidation and reporting to the Prime Minister.

4. 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.

PP. PRIME MINISTERDEPUTY PRIME MINISTERLe Minh Khai