Circular 23/2015/TT-BKHCN

Circular 23/2015/TT-BKHCN

 

Circular 23/2015/TT-BKHCN will come into effect from 1st of July, 2016, about import of used machinery, equipment and technology lines.

Main content is in Chapter II, Article 5 & 6:

REQUIREMENTS FOR IMPORTING USED EQUIPMENT

Article 5. General requirements

Imported used equipment must satisfy safety, energy saving, and environmental protection requirements prescribed by applicable law.

Article 6. Specific requirements

1. A piece of used equipment may be imported if it satisfies the following criteria:

a) Its age does not exceed 10 years;

b) It is manufactured in accordance with a National Technical Regulation (QCVN) or Vietnam’s Standard (TCVN) or Standards of G7 countries with regard to safety, energy saving, and environmental protection.

2. With regard to used equipment of investment projects, including new projects and extended projects, in the following cases:

a) The project is subject to issuance of a decision on investment policies;

b) The project is subject to issuance of investment registration certificate, regardless of a decision on investment policies.

If the documents of a investment project has a list of used equipment and a competent authority issues a decision on investment policies, and an investment registration authority issues a investment registration certificate in accordance with the Law on Investment, Clause 1 of this Article shall not apply.

Where necessary, the authority competent to decide investment policies and the investment registration authority may consult with an agency that is conversant with the technology of the used equipment before deciding the investment policies or issuing the investment registration certificate.

3. Used parts and components may only be imported when the manufacturing enterprise needs to replace or repair its operating equipment. The manufacturing enterprise may import itself or authorize another enterprise to do so.

4. Where necessary, depending on their fields, Ministers and Heads of ministerial agencies may lower the age limit of used equipment (below 10 years) and notify the Ministry of Science and Technology.