Công văn 3016/BKHCN-DTG

Respectfully to: The General Department of Customs

To replying official dispatches No. 5268/TCHQ-GSQL dated September 06, 2013 and No. 5363/TCHQ-GSQL dated September 11, 2013, of the General Department of Customs, on giving some contents in the course of carrying out implementation of the Directive 17/CT-TTg dated August 09, 2013, of the Prime Minister, on strengthening management and control over the import of technologies, machinery and equipment by enterprises, the Ministry of Science and Technology has opinion as follows:

1. At section 6, Directive No. 17/CT-TTg dated August 09, 2013, of the Prime Minister, on strengthening management and control over the import of technologies, machinery and equipment by enterprises, the relevant Ministries and sectors have been assigned duty to carry out implementation of this Directive. So that, the Ministry of Planning and Investment, Ministry of Industry and Trade, Ministry of Finance, Ministry of Science and Technology, relevant Ministries and sectors shall carry out the assigned missions  in the Directive No. 17/CT-TTg.

2. For import of the used machinery, equipment: In the course of contributing opinions to elaborate Decree amending the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing provisions for implementation of the commercial law with respect to international purchases and sales of goods; and agents for sale and purchase, processing and transit of goods involving foreign parties, for management of import of the used machinery and equipment, the Ministry of Science and Technology has unified in promulgating a Circular guiding management of import of the used machinery and equipment.   However, now the Government has not yet promulgated Decree amending Decree No. 12/2006/ND-CP.

3. So that, while waiting promulgation of Circular guiding management of importing the used machinery, equipment, technological chains, with the aim to solve difficulties, problems for enterprises during import of the used machinery and equipment, the Ministry of Science and Technology has suggestion as follows:

a) For the used machinery, equipment and technological chains of state enterprises, economic groups, state-owned corporations, before importing, it is required to have opinion in writing of the Ministry of Science and Technology and Ministries managing those sectors or fields in the course of approval for investment projects and conclusion of purchase and sale contract in accordance with spirit of the Decision No. 929/QD-TTG  dated July 17, 2012, of the Prime Minister, on approval of scheme "restructuring of state-owned enterprises, focusing on economic groups and state-owned corporations period 2011 – 2015”.

b) For the used machinery, equipment and technological chains originated and/or imported from China, procedures shall continue complying with the current legal regulations and according to the notification No. 2527/TB-BKHCN dated September 06, 2012, of the Ministry of Science and Technology, on suspension of the import of used machinery, equipment, and technological chains.

c) For the used machinery, equipment, and technological chains not belong to objects stated in section a) and b) mentioned above:

- In case where consignments with purchase contracts signed before August 09, 2013 and machinery and equipment purchased from processing and exporting zones, or equipment used for processing and being sold/given, the import shall comply with the current legal regulations and not belong to objects adjusted by the Direct No. 17/CT-TTg dated August 09, 2013, of the Prime Minister.    

- In case where consignments with purchase and sale contract signed after August 09, 2013, the import shall comply with the current legal regulations, and enterprises are required to have a written commitment that the used machinery, equipment, and technological chains ensure requirements on safety and satisfy standards on environmental protection. In necessary case, customs agencies may inspect or request for verification if there are doubts of violation.

The Ministry of Science and Technology informs the General Department for coordination.