Decision No. 18/2016/QD-TTg provides for cases allowing the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import.

Pursuant to …;

Regulations on cases allowing importation of goods listed in
The List of Used Information Technology Products Prohibited from Import

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Law on Trade dated June 14, 2005;

Decree No. 187/2013/NĐ-CP dated November 20, 20133 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related agency activities purchasing, selling, processing, and transiting goods with foreign countries;

At the proposal of the Minister of Information and CommunicationsTechnologyNUMBER 113

The Prime Minister issues this Decision to regulate cases allowing importation of goods listed in the List of Used Information Technology Products Prohibited from Import (hereinafter referred to as the Prohibited Import List) as stipulated in Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related agency activities purchasing, selling, processing, and transiting goods with foreign countries.quarantine upon import.

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation:

This Decision regulates cases, conditions, criteria, procedures for examination and permission to import goods listed in the List of Used Information Technology Products Prohibited from Import (hereinafter referred to as the Prohibited Import List) as stipulated in Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and related agency activities purchasing, selling, processing, and transiting goods with foreign countries.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Decision applies to organizations and enterprises involved in importing information technology products listed in the Prohibited Import List (hereinafter referred to as importers) and relevant state management agencies.

Article 2. Interpretation of Terms

1. "Specialized information technology product" means an information technology product designed and used to perform specific tasks in specialized production sectors or for use in laboratories, testing rooms, not being ordinary consumer goods.

2. "Reconditioning, refurbishment" refers to repair activities, replacement of parts, restoration of function and appearance equivalent to new products of the same type.

3. "Reconditioned, refurbished information technology product" means a used information technology product that has been repaired, had parts replaced, restored its function and appearance to be equivalent to new products of the same type, and comes with warranty terms similar to those of new products. Reconditioned or refurbished products must have a Vietnamese label clearly stating they are reconditioned or refurbished or an English label with a similar meaning.

4. "Software production activity" means the activity of organizations and enterprises in accordance with the law, participating in implementing one or more stages in the software production process to create new or upgrade, modify, and perfect software.

5. "Information technology business process outsourcing service" means a service where organizations and enterprises provide services to implement one or more business processes for customers outside Vietnam through information technology and telecommunications means.

6. "Data processing" means activities such as cleaning, analyzing, converting data, completing processing, and reporting specific results from data provided by customers.

Article 3. Principles for Importing Goods Listed in the Prohibited Import List

1. Used goods imported must comply with relevant regulations on safety, quality, national technical standards, and specifications.

2. Used goods that have been phased out by other countries due to obsolescence, poor quality, or environmental pollution will not be considered for importation.

3. Used goods imported, in addition to meeting the conditions and criteria specified in Article 5 of this Decision, must also comply with current regulations on importing goods.

Article 4. Cases Permitting the Importation of Goods Listed in the Prohibited Import List

1. Importing used information technology products through the transfer of production means within the same organization.

2. Importing used information technology products to serve as control, operation, exploitation, and inspection equipment for part or all of a production system or assembly line.

3. Importing used information technology products to directly support the production of software products, business process outsourcing using information technology, and data processing for foreign partners.

4. Importing specialized used information technology products.

5. Re-importing information technology products that have exceeded their warranty period after being sent abroad for repair.

6. Importing refurbished or renewed products and parts to replace or repair for domestic users where such products and parts are no longer produced.

Article 5. Conditions and Criteria for Cases Permitting the Importation of Goods Listed in the Prohibited Import List

1. The importer must be an organization or enterprise established and operating in accordance with Vietnamese law.

2. Specific conditions and criteria for cases permitting importation as stipulated in Article 4 of this Decision are as follows:

a) Importing used information technology products through the transfer of production means within the same organization:

- The imported product must only serve the direct production activities of the importer;

- The imported product must be property of an overseas organization related to the importer through shareholding, capital contribution, or other forms of association.

b) Importing used information technology products to serve as control, operation, exploitation, and inspection equipment for part or all of a production system or assembly line:

- The imported product must only serve the direct production activities of the importer;

- The imported product must be a component of the production system or assembly line.

c) Importing used information technology products to directly support the production of software products, business process outsourcing using information technology, and data processing for foreign partners:

The imported product must be re-exported after the completion of the contract for producing software products, business process outsourcing using information technology, and data processing for foreign partners.

d) Importing specialized used information technology products:

- The imported product must demonstrate practical effectiveness in the production process;

- The imported product must not exceed three years from the date of manufacture to the date of declaration for import.

đ) Re-importing information technology products that have exceeded their warranty period after being sent abroad for repair:

The re-imported information technology product must be the same product that was exported previously.

e) Importing refurbished or renewed products and parts to replace or repair for domestic users where such products and parts are no longer produced:

- The imported product must have equivalent functions and appearance, and warranty terms as new products; it must bear the required product label according to the law;

- The imported product or part may only be used for replacing faulty or damaged products or parts of domestic customers and may not be transferred or resold;

- Damaged products or parts recovered after replacement for customers must be re-exported or destroyed according to the law;

- Annually, organizations and enterprises must report the quantity of imported used information technology products according to the form at Appendix II issued together with this Decision and copies of export and import declarations to the Ministry of Information and Communications.

Article 6. Competence to Approve Importation of Goods Listed in the Prohibited Import List

1. The Minister of Information and Communications shall examine and approve the importation of goods listed in the Prohibited Import List for cases specified in Article 4 of this Decision.

2. Approval for the importation of goods listed in the Prohibited Import List, outside the cases specified in Article 4 of this Decision, shall be granted by

Article 7. Documents for Requesting Approval to Import Goods Listed in the Prohibited Import List

The documents for requesting approval include:

1. An application form for import approval from the importer, detailing information related to the importer, the goods, and the commitment to comply with the Purpose of Use as stipulated in Article 4 of this Decision. The application form for import approval according to Model I attached to this Decision: 01 (one) original copy;

2. Documents proving legal entity status (business registration certificate or Decision, license, investment certificate, investment permit): 01 (one) certified copy, in case of submitting an uncertified copy, the original must be presented for verification at the time of submission.

3. Specific documents for cases specified in Article 4 of this Decision as follows:

a) Importing used information technology products through the transfer of production means within the same organization:

- Technical documentation describing the product: 01 (one) copy;

- Documentation proving that imported information technology products are assets of foreign enterprises related to the importer and are used as production equipment by the importer: 01 (one) original;

- Documentation showing the origin of the product (invoice, sales contract, or equivalent document): 01 (one) copy;

- Decision on asset transfer of the organization: 01 (one) original.

b) Importing used information technology products to serve as control, operation, exploitation, and inspection equipment for part or all of a production system or assembly line:

- Technical documentation describing the product: 01 (one) copy;

- Documentation proving that imported information technology products are components of a system or production line: 01 (one) original;

- Documentation showing the origin of the product (invoice, sales contract, or equivalent document): 01 (one) copy.

c) Importing used information technology products to directly support the production of software products, business process outsourcing using information technology, and data processing for foreign partners:

- Technical documentation describing the product: 01 (one) copy;

- Contract or other document demonstrating the use of the product for software production, business process outsourcing using information technology, or data processing for foreign partners: 01 (one) copy.

d) Importing specialized used information technology products:

- Technical documentation describing the product: 01 (one) copy;

- Documentation proving that the product is specialized information technology equipment: 01 (one) original;

- Documentation showing the origin of the product (invoice, sales contract, or equivalent document): 01 (one) copy.

đ) Re-importing information technology products that have exceeded their warranty period after being sent abroad for repair:

- Contract for repair service implementation: 01 (one) copy;

- Documentation showing the origin of the product (invoice, sales contract, or equivalent document): 01 (one) copy;

- Export documents: 01 (one) copy.

e) Importing refurbished or renewed products and parts to replace or repair for domestic users where such products and parts are no longer produced:

- Report on establishing a warranty and maintenance service system for domestic customers, detailing the procedures and processes of the warranty and maintenance service system: 01 (one) original;

- Authorization document for the importer to represent third parties in performing warranty, maintenance, replacement, and repair services, including provisions on the responsibilities of each party (applicable to the form of hiring third parties to perform services): 01 (one) copy;

- Documentation from the manufacturer proving that production and spare parts have ceased: 01 (one) copy.

Article 8. Procedures for Permitting the Importation of Goods Listed in the Prohibited Import List

1. The application for permission to import goods listed in the Prohibited Import List shall be sent through postal service or submitted directly at the headquarters of the Ministry of Information and Communications.

2. In cases where the importer provides incomplete or non-compliant documents, within three (3) working days from the date of receipt, the Ministry of Information and Communications will issue a notice requesting amendments and supplements to the documents.

3. Within five (5) working days from the date of receiving complete and compliant documents, the Ministry of Information and Communications will issue a written response granting permission to import. In case of denial, the Ministry of Information and Communications will issue a written response stating the reasons.

Article 9. Effective Date

This Decision takes effect from July 1, 2016.

Article 10. Implementation Organization

1. The Ministry of Information and Communications shall have the responsibility:

a) To take the lead and coordinate with the Ministry of Finance and the Ministry of Industry and Trade to guide the implementation, monitor the execution of this Decision.

b) To take the lead and coordinate with relevant agencies to periodically or randomly inspect organizations and enterprises importing goods in accordance with this Decision.

c) During the implementation process, if any issues arise or difficulties occur, organizations and enterprises should report them to the Ministry of Information and Communications for consolidation and reporting.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, related organizations, and individuals are responsible for implementing this Decision./.

 

ANNEX I

APPLICATION FOR PERMIT TO IMPORT GOODS LISTED IN THE PROHIBITED IMPORT LIST OF USED INFORMATION TECHNOLOGY PRODUCTS
along with Decision No.: 3073 attached to Decision No. 18/2016/QĐ-TTg dated May 6, 2016of the Prime Minister)

 

APPLICATION FOR IMPORTATION
USED INFORMATION TECHNOLOGY PRODUCTS
LISTED IN THE PROHIBITED IMPORT LIST

Respectfully submitted to: Ministry of Information and Communications.

1. Name of organization, enterprise: …

Tax code: ...

3. Telephone: …;   Fax: …; Email: …

Phone: …

Fax: …

Email: …

3. Goods to be imported:

Name of goods: …

HS Code: …

Quantity: …

Description of Goods⁽¹⁾: ……………………………………………………………………………….

4. Type of import: …

...........................................................................................................................................

5. Place of import: …

6. Attached documents⁽²⁾:

- ……………………………………………………………………………………………………

- ……………………………………………………………………………………………………

I/We hereby commit to comply fully with all legal regulations and the Ministry of Information and Communications' regulations on the importation and use of used information technology products./.

 

_______________

⁽¹⁾ For each case, the documents are specified in Article 7 of Decision No. 18/2016/QĐ-TTg dated May 6, 2016 of the Prime Minister.

⁽²⁾ SAMPLE REPORT ON QUANTITY OF IMPORTED USED INFORMATION TECHNOLOGY PRODUCTS

 

ANNEX II

QUANTITY IMPORT REPORT
along with Decision No.: 3073 attached to Decision No. 18/2016/QĐ-TTg dated May 6, 2016of the Prime Minister)

 

3. Time period:
USED INFORMATION TECHNOLOGY PRODUCTS

- Based on the Law on Information Technology dated June 29, 2006;

1. Name of organization, enterprise: …

Tax code: ...

3. Telephone: …;   Fax: …; Email: …

Phone: …

Fax: …

Email: …

Start date: …

End date: …

4. Import report based on Customs Declaration

Product code

invoices, contracts