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New regulations on the import of used machinery, equipment and lines

It is forbidden to import used machinery, equipment and lines of poor quality, causing environmental pollution

As stipulated in the Decision, the import of used machinery, equipment and technological lines must comply with the law on import of goods.

Used machinery, equipment and technological lines are not allowed to import in the following cases: (i) Published exporting countries are removed due to backwardness, poor quality, causing environmental pollution; (ii) does not meet the requirements of safety, energy saving and environmental protection in accordance with the law.

Decision 18/2019 / QD-TTg also stipulates, only allow the importation of used machinery, equipment, and technological lines to directly serve production activities of enterprises in Vietnam.

How to calculate device age (X)

X = Year of import - Year of manufacture

Equipment age is calculated by year, not by month.

Example: Equipment A was produced in January 2008, imported to Vietnamese ports in December 2018

So X = 2018 - 2008 = 10 (year)

Only imported used machinery and equipment under 10 years old

Accordingly, used machinery and equipment are allowed to import when the age of equipment does not exceed 10 years. At the same time, it must be manufactured according to standards in accordance with the provisions of national standards (QCVN) on safety, energy saving and environmental protection. In the absence of QCVN related to imported machinery and equipment, imported machinery and equipment must be produced in accordance with the technical standards of the Vietnamese national standard (TCVN) or national standard. of one of the G7 and South Korea countries on environmental energy safety and conservation.

In addition to import documents as prescribed by the Customs Law, enterprises must supplement the following documents:

Firstly, a copy of the business registration certificate stamped by the enterprise. In case of import under entrustment, import entrustment documents must be available.

Secondly, the original copy of the machinery and equipment manufacturer's certificate of the production year and the criteria of the machinery and equipment meeting the criteria specified in Article 6 of Decision No. 18 / QD-TTg in the school. machinery and equipment are produced in countries of G7 countries and Korea.

Third, the inspection certificate issued by a designated inspection organization meets the requirements specified in Article 11 of Decision No. 18 / QD-TTg in the case of machinery and equipment manufactured in the country. belongs to G7 countries, Korea but there is no certificate of manufacturer or machinery and equipment produced in a country other than G7 and South Korea.

Only import used technology chains when product capacity reaches over 85%

Accordingly, the capacity (in terms of the number of products produced by the technology line in a unit of time) or the remaining efficiency must be 85% or more of the design capacity or efficiency.

In addition, used lines and technologies are allowed to import when meeting other criteria such as: Compliance with QCVN's regulations on safety, energy saving and environmental protection; Consumption of materials and energy does not exceed 15% of the design; Technology of technological lines is not on the list of technologies banned from transfer and the list of technologies restricted from transfer specified in Decree No. 76/2018 / ND-CP dated May 15, 2018 of the Government; technology of technology lines must be used in at least 03 production facilities in the countries of the Organization for Economic Cooperation and Development (OEDC) ...

In addition to the import documents prescribed by the Customs Law, enterprises must supplement documents including: (i) a copy of the enterprise registration certificate stamped by the enterprise. In case of import under entrustment, there must be a document of import entrustment (ii) An assessment certificate issued by a designated inspection organization meeting the requirements specified in Article 11 of Decision No. 18 / QD -TTg.

Import permits must be submitted when importing used machinery and equipment for more than 10 years

In case the enterprise is conducting production in Vietnam, in order to ensure the maintenance of production activities, there is a need to import used machinery and equipment with the age of more than 10 years but the capacity or performance The remaining rate of machinery and equipment still reaches 85% of the designed capacity or efficiency and the consumption of raw materials, materials and energy does not exceed 15% compared to the design and business. Industry shall submit 01 set of dossiers of application for import permission to the Ministry of Science and Technology for consideration and settlement.

In addition to the import documents prescribed by the Customs Law, enterprises must submit documents of the Ministry of Science and Technology approving the import of used machinery and equipment to the customs offices and the places where they register Customs declaration to carry out customs clearance procedures.

Decision No. 18 / QD-TTg also stipulates the records of used machinery and equipment approved by the Ministry of Science and Technology for import under the provisions of Article 13 of Circular No. 23/2015 / TT- BKHCN, before the effective date of this Decision, enterprises may continue to import according to the provisions of Circular No. 23/2015 / TT-BKHCN.

For investment projects that have imported used machinery and equipment, they have complied with the provisions of Clause 2, Article 6 of Circular No. 23/2015 / TT-BKHCN and have been granted the first registration certificate. Investment decision on investment before June 15, 2019, enterprises can continue to import machinery and equipment according to the provisions of Circular No. 23/2015 / TT-BKHCN.