Quyết định 18/2016/QD-TTg

DECISION

ON CIRCUMSTANCES THAT ENABLE IMPORTATION OF USED INFORMATION TECHNOLOGY PRODUCTS UNDER IMPORT PROHIBITION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Information Technology Law dated June 29, 2006;

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on details of the implementation of the Commercial Law with regard to international trade in goods and agencies' sale, purchase, processing and transit of goods for foreign principals;

At the request of the Minister of Information and Communication,

Prime Minister issues the Decision on circumstances that enable importation of used information technology products under import prohibition.

Article 1. Scope and regulated entities

1. Scope:

This Decision regulates circumstances, conditions, criteria and procedures under which the importation of goods shown in the list of used information technology products under import prohibition (referred to as the import prohibition list) is considered and approved according to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on details for implementation of the Commercial Law with regard to international trade in goods and agencies’ sale, purchase, processing and transit of goods for foreign principals.

2. Regulated entities:

This Decision applies to organizations and enterprises whose activities involve the importation of information technology products under the import prohibition list (referred to as the importers) and state management authorities concerned.

Article 2. Terminology

1. “Specialized information technology product" is designed and employed for special tasks in professional manufacturing sectors or used in laboratories or test chambers. It is not a consumer product for normal uses.

2. “Refurbishment” refers to repair and replacement of a product unit’s components and restoration of its functions and appearance to an equivalent state of a new product unit of the same model.

3. “Refurbished information technology product” refers to a used product unit that has undergone repair(s) and replacement of components and restoration of functions and visual aspects to attain the equivalent state of functionality, appearance and warranty on a new product unit of the same model. The label of a refurbished product must indicate its refurbished state in Vietnamese or in equivalent English.

4. “Software production” refers to legally compliant activities of organizations and enterprises in one or various phases of a software manufacturing process that creates or upgrades, modifies and completes software.

5. “Business outsourcing through information technology” refers to services whose providers carry out one or various professional tasks for customers outside territories of Vietnam through media of information technology or telecommunications.

6. “Data processing” refers to cleansing, analysis, conversion and exhaustive treatment of data and reporting of output specifically produced by information that a customer provides.

Article 3. Principles for importation of products under the import prohibition list

1. Used import products must adhere to relevant safety and quality regulations, standards and national technical regulations.

2. Used products that nations have publicly excluded due to obsolescence, poor quality or environment contamination are barred from importation.

3. Used import products, apart from their satisfaction of requirements and criteria as defined in Article 5 of this Decision, must conform to current regulations on importation of goods.

Article 4. Circumstances that enable importation of products under the import prohibition list  

1. Used information technology goods are imported under internal relocation of means of production in one single organization.

2. Used information technology goods are imported for control, operation and inspection of activities in one or all parts of a system or production line.

3. Used information technology goods are imported as a direct part of software production, business outsourcing through information technology or data processing for foreign partners.

4. Used specialized information technology products are imported.

5. Information technology goods with expired warranty time are re-imported after their overseas repairs.

6. Refurbished goods or components out of production are imported to replace or repair those being used domestically.

Article 5. Requirements and criteria for importation of products under the import prohibition list

1. The importer is an organization or enterprise established and operated according to the laws of Vietnam.

2. Requirements and criteria for each circumstance as defined in Article 4 of this Article:

a) Importation of used information technology goods under internal relocation of means of production in one single organization:

- Imports are solely and directly used for the importer's manufacturing activities;

- Imports must belong to a foreign organization bonded with the importer through share ownership, capital contribution or other manners.

b) Importation of used information technology goods for control, operation and inspection of activities in one or all parts of a system or production line:

- Imports are solely and directly used for the importer's manufacturing activities;

- Imports must be devices or constituents of the system or production line.

c) Importation of used information technology goods as a direct part of software production, business outsourcing through information technology or data processing for foreign partners:

Imports must be re-exported upon finalization of the contract for software production, business outsourcing through information technology or data processing for the foreign partner.

d) Importation of used specialized information technology products:

- Imports must produce actual effects on the manufacturing process;

- Imports were used in at most 03 (three) years from the production date to the date that an import declaration is lodged.

dd) Re-importation of information technology goods with expired warranty time after overseas repairs:

Information technology goods re-imported must be the same ones exported previously.

e) Importation of refurbished goods or components out of production to replace or repair those being used domestically:

- Imports must have equivalent functions and appearance and come with label(s) as per the laws. Moreover, they must be under warranty for new product.

- Products and components imported are solely replacements of broken ones being used domestically and are not transferrable or re-sellable;

- Broken products or components retrieved upon their replacement must be re-exported or disposed as per the laws;

- Organizations and enterprises shall report the quantity of used information technology goods imported on annual basis as per Appendix II of this Decision. Such report, enclosed with copies of export and import declarations, shall be sent to the Ministry of Information and Communications.

Article 6. Authority to permit importation of products under the import prohibition list 

1. Minister of Information and Technology shall consider and approve the importation of products under the import prohibition list upon circumstances as defined in Article 4 of this Decision.

2. Prime Minister shall decide the importation of products under the import prohibition list as per the laws in circumstances not defined in Article 4 of this Article.

Article 7. Application for importation of products under the import prohibition list 

An application for importation thereof includes:

1. The importer's filled-out form of application for importation, which specifies the information on the importer, goods and undertakings of uses as per Article 4 of this Decision. The form of application for importation is available in Appendix I of this Decision: 01 (one) original;

2. The written evidence of juridical personality (certificate of enterprise registration, decision on or license for establishment, certificate of investment, license for investment): 01 (one) certified true copy or a non-certified copy enclosed with the original for comparison upon submission.

3. Documents for each circumstance as defined in Article 4 of this Decision include:

a) Importation of used information technology goods under internal relocation of means of production in one single organization:

- The written description of product specifications: 01 (one) copy;

- Papers substantiating that the information technology goods imported belong to a foreign enterprise related to the importer and are used by the importer as means of production: 01 (one) original;

- Documents showing the origin of the goods (invoices, sale contracts or similar papers): 01 (one) copy;

- The organization’s decision on asset relocation: 01 (one) original;

b) Importation of used information technology goods for control, operation and inspection of activities in one or all parts of a system or production line:

- The written description of product specifications: 01 (one) copy;

- Papers substantiating that the information technology goods imported are devices or constituents of the system or production line: 01 (one) original;

- Documents showing the origin of the goods (invoices, sale contracts or similar papers): 01 (one) copy;

c) Importation of used information technology goods as a direct part of software production, business outsourcing through information technology or data processing for foreign partners:

- The written description of product specifications: 01 (one) copy;

- Contracts or other papers indicating that the goods are used for software production, business outsourcing through information technology or data processing for foreign partner(s): 01 (one) copy;

d) Importation of used specialized information technology products:

- The written description of product specifications: 01 (one) copy;

- Papers substantiating that the information technology goods are specialized: 01 (one) original;

- Documents showing the origin of the goods (invoices, sale contracts or similar papers): 01 (one) copy;

dd) Re-importation of information technology goods with expired warranty time after overseas repairs:

- The contract for repair service: 01 (one) copy;

- Documents showing the origin of the goods (invoices, sale contracts or similar papers): 01 (one) copy;

- Export documents: 01 (one) copy;

e) Importation of refurbished goods or components out of production to replace or repair those being used domestically:

- Reports on the establishment of the system of warranty and maintenance services for domestic customers, which specify procedures and stages of such system: 01 (one) original;

- Written mandate(s) to the importer for provision of services concerning warranty, maintenance, replacement and repair, which include a clause on parties' responsibilities (applicable to the outsourcing of services to a third party provider): 01 (one) copy;

- The producer's documents indicating its discontinuation of the product or component: 01 (one) copy;

Article 8. Procedures of approval for importation of products under the import prohibition list 

1. An application for importation of products under the import prohibition list shall be sent by post or by hand to the office of the Ministry of Information and Communications.

2. If the importer provides insufficient or invalid documents, the Ministry of Information and Communications shall, in 03 (three) working days, notify its demand for supplementations in writing.

3. In 05 (five) working days upon its receipt of full and valid documents, the Ministry of Information and Communications shall grant approval in writing. If rejecting the application, the Ministry of Information and Communications shall provide its justifications in writing.

Article 9. Effect

This Decision comes into force as of July 01, 2016.

Article 10. Implementation

1. Ministry of Information and Communications shall be responsible for:

a) Leading and cooperating with the Ministry of Finance and Ministry of Industry and Trade to provide guidelines and supervise the implementation of this Decision.

b) Leading and cooperating with relevant agencies to inspect importers as per this Decision on regular or ad-hoc basis.

c) Difficulties must be reported to the Ministry of Information and Communications, which summarizes and reports information to the Prime Minister for consideration.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People’s Committees and entities concerned are responsible for implementing this Decision./.

APPENDIX I

THE FORM OF APPLICATION FOR IMPORTATION OF USED INFORMATION TECHNOLOGY PRODUCTS UNDER IMPORT PROHIBITION
(Enclosed to the Prime Minister’s Decision No. 18/2016/QD-TTg dated May 06, 2016)

THE APPLICATION FOR IMPORTATION OF USED INFORMATION TECHNOLOGY PRODUCTS UNDER IMPORT PROHIBITION

To: Ministry of Information and Communications

1. Name of the organization or enterprise: …………………………………………………………………

Tax code: ………………………………………………………………………………………

2. Address: …………………………………………………………………………………………

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

Fax: ……………………………………………………………………………………………….

Email: …………………………………………………………………………………………….

3. Goods to be imported:

Product name: ……………………………………………………………………………………

HS code: ……………………………………………………………………………………………

Quantity: …………………………………………………………………………………………

Product description⁽¹⁾: ……………………………………………………………………………….

4. Circumstance for import: ……………………………………………………………………..

...........................................................................................................................................

5. Location of import: …………………………………………………………………………

6. Documents enclosed⁽²⁾:

- ……………………………………………………………………………………………………

- ……………………………………………………………………………………………………

I/ We undertake to implement precisely and adequately the laws and Ministry of Information and Communications’ regulations on importation and use of used information technology products./.

_______________

 ⁽¹⁾ Specify the origin, value and uses of the goods under circumstances as defined in Section 1, 2 and 4, Article 4 of Prime Minister’s Decision No. 18/2016/QD-TTg dated May 06, 2016. Specify the origin and product code of the goods under circumstances as defined in Section 3, 5 and 6, Article 4 of Prime Minister’s Decision No. 18/2016/QD-TTg dated May 06, 2016. If the goods fall in various categories, the importer can enclose a list that contains all information as regulated.

 ⁽²⁾ Documents for each circumstance are defined in Article 7 of Prime Minister’s Decision No. 18/2016/QD-TTg dated May 06, 2016.

APPENDIX II

THE FORM OF REPORT ON QUANTITY OF USED INFORMATION TECHNOLOGY PRODUCTS IMPORTED
(Enclosed to the Prime Minister’s Decision No. 18/2016/QD-TTg dated May 06, 2016)

REPORT ON QUANTITY OF USED INFORMATION TECHNOLOGY PRODUCTS IMPORTED

To: Ministry of Information and Communications

1. Name of the organization or enterprise: …………………………………………………………………

Tax code: ………………………………………………………………………………………

2. Address: …………………………………………………………………………………………

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

Fax: ………………………………………………………………………………………………..

Email: …………………………………………………………………………………………….

3. Period:

Starting date: ……………………………………………………………………………………

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

4. Import report based on the Customs Declaration Sheet

5. Report on quantity of products repaired, replaced, re-exported or disposed