Import old machinery and equipment

Import old machinery and equipment

This is the highlight of the Decision No. 18/2019/QD-TTg on import of used machinery, equipment and technological lines.

According to the Decision, used machinery and equipment will be permitted for import if they meet the following criteria:

Import old machinery and equipment

– The useful life of used equipment does not exceed 10 years; as for machinery or equipment in certain specific sectors, their useful life may be more than 10 years but is restricted to 15 years or 20 years (as prescribed in Appendix I to this Decision).

(The Decision No. 18 has already elaborated more on the useful life of machinery and equipment in certain specific sectors as compared to the Circular No. 23/2015/TT-BKHCN dated November 13, 2015).

Import old machinery and equipment

– They must be manufactured according to the following standards:

+ Vietnamese Regulations on safety, energy saving and environmental protection;

+ In case none of relevant Vietnamese Regulations is not available, used machinery and equipment must be manufactured in conformance to technical criteria of Vietnamese Standards or national standards of one of G7 member countries or South of Korea on safety, energy saving and environmental protection.

For more details, please read the Decision No. 18/2019/QD-TTg in force from June 15, 2019.

Import old machinery and equipment

This Decision provides for criteria, documentation, procedures for import and inspection of used machinery, equipment and technological lines in HS Chapter 84 and Chapter 85 on the List of exports and imports of Vietnam meant to be imported and used for manufacture in Vietnam and that are not on the lists of goods banned from import compiled by the government, the Prime Minister, Ministries, and ministerial agencies in accordance with regulations laid down in the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018.

Import old machinery and equipment

This Decision does not apply to import of used machinery, equipment and technological lines that are:

a) Transited or transshipped;

b) Under merchant;

c) Temporarily imported for re-export;

d) Temporarily imported for re-export in other forms prescribed in Article 15 and temporarily exported for re-import as prescribed in Article 17 of the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 (except for those temporarily imported to serve execution of processing contracts; those imported for manufacturing or execution of construction projects); 

dd) Imported to execute maintenance/repair contracts with foreign parties;

e) Traded among enterprises in an export-processing zone or free trade zone; liquidated assets sold by enterprises in an export-processing zone to other domestic enterprises;

Import old machinery and equipment

g) Transferred from foreign parties upon the expiration of processing contracts or lease-purchase agreements; repurposed for domestic sale upon the expiration of license for temporary import for execution of construction contracts or in the lease form for execution of processing contracts with foreign parties; transferred among enterprises executing processing contracts for foreign parties;

Import old machinery and equipment

h) Meant to serve research and development and cannot be domestically manufactured; meant to serve national defense and security objectives at the request of relevant Ministries;

Import old machinery and equipment

i) Machinery and equipment on the List of potentially unsafe goods (List of Group 2 goods) issued by relevant Ministries according to the Law on Quality of Products and Goods;

Import old machinery and equipment

k) Machinery and equipment in specialized sectors provided for in legislative documents of ministries or ministerial agencies.

This Decision takes effect on June 15, 2019.

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

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

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

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