VCN- Regarding the question of the General Department of Vietnam Customs related to the implementation of the Prime Minister's Decision 18/2019/QD-TTg regulating the import of used machinery, equipment and technological lines, the Ministry of Science and Technology has issued a written response to many contents around this Decision.
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Specifically, the Ministry of Science and Technology said that Clause 3, Article 4 of Decision 18 stipulates “Only used machinery, equipment and technological lines used for production of enterprises in Vietnam are allowed to be imported.”
Point a, Clause 7, Article 7 and Point a, Clause 1, Article 8 of Decision 18 stipulating the dossier, procedures for importing used technological lines and dossier, procedures for importing used machinery and equipment stipulates that “In addition to imported dossier as per the Customs Law, the enterprise must submit documents including the copy of business registration certificate sealed by the enterprise. If the enterprise is entrusted for import, it must submit an entrsuted import document.”
Based on information in the business registration certificate and searching the enterprise’s code on the National Portal, it can identify the business lines of the enterprise to check with declarations on the purpose of importing used machinery and equipment.
According to Article 14 of Decision 18, enterprises importing used machinery, equipment, and technological lines must comply with provisions and subject to inspection by the State management agencies and areresponsible before the law for violations as prescribed in Decision 18 and relevant legal documents. Accordingly, importers must declare specifically the purpose of imports on the customs declaration and are responsible before the law for the declared contents.
Regarding criteria of importing used technological lines, the Ministry of Science and Technology said that as per Clause 5 Article 5 of Decision 18 "Technology lines must be used in at least three domestic production facilities of the Organization for Economic Cooperation and Development (OECD)."
Point b, Clause 1, Article 7 of Decision 18 stipulates that the import dossier includes an assessment certificate issued by a designated inspection organization.Accordingly, the content of the certificate of inspection shall comply with the provisions of Point a, b, c, d, dd Clause 1 Article 10 of Decision 18.
Point dd Article 10 of Decision 18 stipulates that contents inthe certificate of inspection for used technological lines must have inspection results compared to criteria as prescribed in Clause 1, 2,3,4,5, Article 15 of Decision 18. In addition, according to Clause 5 Article 5, the name of the country, production establishment using technology, address, website (if any) and capacity must be listed.
For dossier, procedures for importing used machinery and equipment, the Ministry of Science and Technology said that according to the provisions of Point b, c, Clause 1, Article 8 of Decision 18, in addition to the import dossier as prescribed in the Customs Law, enterprises must submit documents, including: the original certificate of the manufacturer of machinery and equipment on the year of manufacture and standards of machinery and equipment that meet the criteria; Certificate of inspection issued by a designated inspection organization meet the requirements specified in Article 11.
If the enterprise has a certificate of the manufacturer under the provisions of Point b, Clause 1, Article 8, it does not need to request inspection organizations to inspect the used machinery and equipment due to the fact that this certificate replaces the certificate of inspection.
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In the official dispatch to the General Department of Vietnam Customs, the Ministry of Science and Technology also provides information on designated inspection organizations. Accordingly, within 60 days from June 15, 2019, enterprises can select and request the inspection for used machinery, equipment and technological lines by inspection organizations that are published by the Ministry of Science and Technology on the portal in accordance with Circular 23/2015/ TT-BKHCN.
Currently, the Ministry of Science and Technology is carrying out the procedures for the designation and recognition ofinspection organizations as per regulations in Clause 1 Article 11 of Decision 18 and will publicize these organizations on its portal.
By Ngoc Linh/Ngoc Loan