Circular No. 11/2018/TT-BTTTT details the List of Used Information Technology Products Prohibited from Importation with Harmonized System (HS) Codes.

CIRCULAR

Issuing Detailed List of Used Information Technology Products Prohibited from Importation with Harmonized System Codes

Prohibited from importation, accompanied by Harmonized System codes

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

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

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

The Minister of Information and Communications issues this Circular to publish in detail the List of Used Information Technology Products Prohibited from Importation with Harmonized System codes attached hereto.

Article 1. Scope of Regulation and Applicability

a) Scope of Regulation

This Circular publishes in detail the List of Used Information Technology Products Prohibited from Importation with Harmonized System codes attached hereto (hereinafter referred to as the Prohibited Import List).

b) Applicability

This Circular applies to state agencies, organizations, and individuals involved in or related to the importation of used information technology products.

Article 2. Principles for Establishing and Applying the Prohibited Import List

1. Principles for Establishing the Prohibited Import List

a) The Prohibited Import List with four-digit codes is established according to Circular No. 65/2017/TT-BTC dated June 27, 2017 of the Minister of Finance on the List of Goods for Export and Import in Vietnam.

b) The Prohibited Import List will be supplemented and amended in accordance with developments and other legal provisions at different periods.

2. Application Rules for the Prohibited Import List

a) Where only four-digit codes are listed, all eight-digit codes within that four-digit group shall apply; where only six-digit codes are listed, all eight-digit codes within that six-digit sub-group shall apply; in cases where detailed eight-digit codes are provided beyond the four-digit and six-digit codes, only those specific eight-digit codes shall apply.

b) Used spare parts, accessories, component assemblies of products listed in the Prohibited Import List are also prohibited from importation.

c) For printers and digital color copiers, when importing, regulations in the printing sector shall apply. Used digital printers and monochrome (black and white) digital copiers with or without combined features, having Harmonized System codes included in the Prohibited Import List with paper size A0 print/copy capability or print/copy speed of 35 pages per minute or more for A4 paper size, and used laser printer toner cartridges (Harmonized System code 8443.99.20) are not prohibited from importation.

d) Reconditioned information technology products are used information technology products that have been repaired, replaced with components, and undergone processes to restore their functionality and appearance similar to new products; they bear a Vietnamese label clearly stating "reconditioned" or an equivalent foreign language label; they come with a warranty like new products from the manufacturer. Reconditioned information technology products with Harmonized System codes included in the Prohibited Import List specified in the Appendix of this Circular are prohibited from importation.

Article 3. Effectiveness

1. This Circular takes effect from November 30, 2018.

2. This Circular replaces Article 3 and Appendix No. 01 of Circular No. 31/2015/TT-BTTTT dated October 29, 2015 of the Minister of Information and Communications guiding certain provisions of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government concerning the activities of exporting and importing used information technology products.

Article 4. Organization of Implementation

1. Heads of 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. In the course of implementation, if there are any difficulties, relevant agencies, organizations, and individuals are requested to report to the Ministry of Information and Communications (Information Technology Department) for timely guidance and resolution.