Circular No. 11/2012/TT-BTTTT stipulates the List of Used Information Technology Products Prohibited from Import

CIRCULAR

Specifies the Catalogue of Information Technology Products

are used information technology products that have been commercialized and put into use; not applicable to prototype products still under research and development to become complete products.

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

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and foreign-related buying, selling, processing, and transiting activities;

The Minister of Information and Communications promulgates this Circular amending and supplementing Circular No. 09/2013/TT-BTTTT dated April 8, 2013 of the Minister of Information and Communications on the List of software and hardware, electronic products.

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Information and Communications; Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending and supplementing certain articles of Decree No. 187/2007/NĐ-CP;

Considering the proposal of the Director of the Department of Information Technology;

The Minister of Information and Communications issues this Circular to specify the Catalogue of Used Information Technology Products Prohibited from Importation;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) Attached herewith is the Catalogue of Used Information Technology Products Prohibited from Importation at Appendix No. 01 (hereinafter referred to as the Prohibited Importation Catalogue);

b) Regulations applicable to the Prohibited Importation Catalogue.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to agencies, organizations, and individuals participating in import activities involving goods listed in the Prohibited Importation Catalogue in Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Services for repairing, refurbishing, and producing refurbished information technology products include one or more of the following activities: replacing components, assembly, repair, restoration, functional upgrading, and refurbishment of used information technology machines and equipment.

2. Refurbished, renewed, or newly produced information technology products are used information technology products that have been repaired, had components replaced, and restored to a condition equivalent to new products of the same type.

Chapter II

REGULATIONS APPLYING TO THE PROHIBITED IMPORTATION CATALOGUE

Article 3. Regulations Applying to the Prohibited Importation Catalogue

1. The Catalogue is established based on the Goods List and HS Code in the Export and Import Tariff.

The Catalogue only prohibits imports of goods with 8-digit HS Codes. Four-digit and six-digit HS Codes in the Prohibited Importation Catalogue serve only to clarify the types of goods prohibited by the 8-digit HS Codes.

2. Used spare parts, accessories, and component assemblies of products listed in the Prohibited Importation Catalogue are also prohibited from importation.

3. This Catalogue will be reviewed and supplemented or amended as necessary to suit the development of information technology and other relevant laws.

4. Refurbished or renewed products must bear Vietnamese language labels (refurbished, remanufactured, renewed, recycled, reused) or English language labels (refurbished, remanufactured, renew, recycled, reused) on their packaging.

5. In cases of importation as prescribed in Clause 1, Article 4 of this Circular, the following regulations must be adhered to:

a) All products after repair, refurbishment, or production must be re-exported. Waste generated during production must be processed according to environmental laws or re-exported together with the product;

b) Annually, organizations and individuals must report the quantity of imported goods, re-exported goods, and inventory (according to the form at Appendix No. 02 of this Circular) and copies of export and import declarations to the Ministry of Information and Communications;

c) The Ministry of Information and Communications shall coordinate with relevant agencies to conduct regular or spot checks during the implementation process.

6. In cases of importation as prescribed in Clause 8, Article 4 of this Circular, the following regulations must be adhered to:

a) Annually, organizations and individuals must report the quantity of imported goods, exported goods, domestic distribution, and inventory (according to the form at Appendix No. 03 of this Circular) and copies of export and import declarations to the Ministry of Information and Communications;

b) The Ministry of Information and Communications shall coordinate with relevant agencies to conduct regular or spot checks during the implementation process.

Article 4. Cases Not Subject to the Prohibited Import List

1. Imports for the purpose of repair services, refurbishment, or production refurbishment and re-exportation of products after the production process.

2. Imports for direct production purposes or as samples serving design activities, research and development (R&D).

3. Re-imports after being taken abroad for warranty, maintenance, or repair and refurbishment.

4. Imports in the form of the transfer of production equipment within the same agency or organization.

5. Imports of specialized information technology products with special features serving specific industries such as measurement, automation, medical equipment, biotechnology, and other fields, with a period from the date of production to the date of declaration to customs not exceeding three years.

6. Imports for the purpose of production equipment, control, operation, exploitation, and inspection of part or all of the production system or assembly line.

7. Imports of refurbished, repaired, or newly produced information technology products to serve production under specific projects, when implementing the project yields economic and social benefits or serves security and defense purposes.

8. Imports of used ink cartridges that have been repaired, refurbished, or newly produced for supply and distribution in the domestic market or for re-export.

9. Imports for other special purposes shall be carried out according to specific guidelines provided by the Ministry of Information and Communications for each case.

Chapter III

IMPLEMENTATION

Article 5. Effective Date

1. This Circular takes effect from September 1, 2012.

2. This Circular replaces Circular No. 43/2009/TT-BTTTT dated December 30, 2009 issued by the Minister of Information and Communications on the List of Used Information Technology Products Prohibited from Import and previous guiding documents of the Ministry of Information and Communications that conflict with this Circular.

3. Organizations and individuals violating regulations in the import of used information technology products will be subject to penalties under laws governing violations in the import and export sector.

Article 6. Implementation Organization

1. Heads of agencies and units under the Ministry of Information and Communications, and the agencies, organizations, and individuals mentioned in Article 1 are responsible for implementing this Circular.

2. During implementation, if there are difficulties, agencies, organizations, and individuals related to this matter are requested to report to the Ministry of Information and Communications for prompt resolution.