Chỉ thị 17/CT-TTg

DIRECTIVE

ON STRENGTHENING MANAGEMENT AND CONTROL OVER THE IMPORT OF TECHNOLOGIES, MACHINERY AND EQUIPMENT BY ENTERPRISES

Import of technologies, machinery, equipment in serve of demand for production and trading is a necessary and regular operation of enterprises in all fields. Recently, beside enterprises organized the good implementation of this operation, but there are still some enterprises, including economy groups, state corporations which have imported machinery, equipment  that are old, obsolete, bad quality, fail to meet requirement of production and trading, causing increase of product cost, polluted environment, reducing the competition of enterprises. 

The main reason of the above status is the implementation improper with law on investment, biding of some enterprises during the course of import of technologies, machinery and equipment; the inspection, supervision, and mechanism of coordination among state management agencies in import of technologies, machinery and equipment are still limited much.

In order to strengthen the effective management and control, to rectify timely the activities of import of technologies, machinery and equipment by enterprises, especially, economic groups, state corporations in implementation of the Scheme “Restructuring state enterprises, focusing on economic groups, state corporations during 2011-2015” approved at the Decision No. 929/QD-TTg dated July 17, 2012, the Prime Minister directs:

1. Enterprises must strictly comply with provisions of law on investment, biding, trade, technology transfer, product and goods quality… in import of technologies, machinery and equipment to create fixed assets for production and trading operation of enterprises.

2. The import of technologies, machinery and equipment must ensure the conformity with content of requirements stated in the national Strategy on goods export and import, national Strategy on science and technology development, planning on economic-social development of localities, regions in each period, planning on sector development and must meet technical requirements, level of goods quality of investment projects approved by competent agencies.

3. In dossier requesting for grant of investment certificate, dossier of investment project must have content of justifications for the technologies enclosed list of machinery, equipment expected to import with parameters, essential technical features and must be approved by competent authorities before import.

4. For technologies, machinery and equipment under EPC contracts , if having content of technology transfer, it is required to make into separate items or Annexes of EPC contract regarding content of technology transfer, list of machinery, equipment with technical parameters and features as required, source and origin of machinery, equipment, production year, old or new situation.

5. The import of machinery, equipment, technology chains must ensure:

a) Import only new machinery, equipment, technology chains; prioritize to import machinery, equipment with advanced, high technology level in conformity with the approved investment projects; encourage import of machinery, equipment with outstanding features regarding saving energy and natural resources, friendly with environment;

b) In necessary case, if having to import machinery, equipment, technology chains which have ever been used, they must meet requirements as guided by the Ministry of science and technology;

c) Not import machinery, equipment, technology chains which other countries have announced to remove due to obsolete technology, bad quality, causing polluted environment.

6. Organization of implementation:

a) The Ministry of science and technology shall:

- Assume the prime responsibility for, and coordinate with relevant Ministries and sector in managing closely activities of import of machinery, equipment, technology chains which have ever been used, and guiding implementation of this operation;

- Propose contents about standards, technical requirements of machinery, equipment that need be included in the biding dossier to the Ministry of Planning and Investment for supplementing to provisions of law on biding.

- Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in inspecting, supervising import activities of technologies, machinery, equipment of enterprises as prescribed by current law;

- Monitor the implementation and result of implementation of this Directive at Ministries, sectors, localities and enterprises, especially, economic groups, state corporations; annually sum up and report to the Prime Minister.

b) The Ministry of Planning and Investment shall:

- Research, supplement the compulsory requirements in dossier of investment projects which must have content of justifications for the technologies enclosed list of machinery, equipment expected to import with parameters and essential technical features for consideration and verification in the course of granting the investment certificate. Supplement content on inspection over the import activities of technologies, machinery and equipment for investment projects of enterprises;

- Assume the prime responsibility for, and coordinate with the Ministry of science and technology and relevant Ministries and sectors in verifying the content of technologies, list of machinery, equipment, technical chains in investment projects of enterprises;

- Regularly update and publish the list of machinery, equipment, technical chains which can be produced domestically.

c) The Ministry of Finance shall:

- Direct the General Customs Department to coordinate with the Ministry of science and technology and Ministries, sectors and localities in preventing import of technologies, machinery, equipment which have ever been used breaching provisions of law;

- Conduct statistics and annually notify the Ministry of science and technology about import of technologies, machinery, and equipment by enterprises, economic groups, and state corporations in order to sum up and report to the Prime Minister.

d) The Ministry of Industry and Trade shall expeditiously review, complete and submit to the Government to promulgate a Decree amending the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing and guiding implementation of the Commercial Law on international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties.

dd) Ministries and sectors promulgate specific regulations to manage and control the import of technologies, machinery, and equipment under the assigned state management functions.

e) The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities shall positively and proactively guide, urge and control the import activities of technologies, machinery, equipment by enterprises, timely detect, handle violations as prescribed by law.