Circular No. 30/2025/TT-BKHCN promulgates criteria for second-hand production lines, equipment, machinery, and tools imported to directly serve semiconductor manufacturing projects, packaging, testing, and digital technology training, research, and development activities.

CIRCULAR

Issuing criteria for second-hand technological production lines, equipment, machinery, tools imported to directly serve semiconductor chip manufacturing projects, packaging, testing, and activities related to training, research, and development of digital technology products and services.

Pursuant to the Digital Industry Law No. 71/2025/QH15;

The Minister of Science and Technology hereby issues criteria for second-hand technological production lines, equipment, machinery, tools imported to directly serve semiconductor chip manufacturing projects, packaging, testing, and activities related to training, research, and development of digital technology products and services.

This Circular provides detailed regulations on certain provisions of the Digital Industry Law concerning criteria for second-hand technological production lines, equipment, machinery, tools imported, including:

1. Criteria for second-hand technological production lines, equipment, machinery, tools imported to serve activities related to training, research, and development of digital technology products and services as stipulated in Clause 4, Article 21 of the Digital Industry Law;

Pursuant to the Decree No. 55/2025/NĐ-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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

2. Criteria for second-hand technological production lines, equipment, machinery, tools imported to directly serve semiconductor chip manufacturing projects, packaging, and testing as stipulated in Point b, Clause 4, Article 39 of the Digital Industry Law.

Article 1. Scope of Regulation

Organizations and enterprises participating in and related to the importation of second-hand technological production lines, equipment, machinery, tools to serve activities related to training, research, and development of digital technology products and services; directly serving semiconductor chip manufacturing projects, packaging, and testing.

Technological production line

is a system of equipment, machinery, tools, means installed and connected in sequence at a specific location according to a designed process flow diagram, ensuring synchronized operation for production.

Article 2. Applicability

Equipment, machinery, tools

Article 3. Explanation of Terms

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

1. is a complete structure consisting of parts, sub-assemblies, components linked together to operate and move according to its intended purpose as designed. Article 4. Criteria for second-hand technological production lines imported

2. Second-hand technological production lines are permitted to be imported when meeting the following criteria: 1. Not included in the List of second-hand technological production lines that are obsolete, low-quality, and cause environmental pollution published by the exporting country.

2. The technology of the technological production line does not belong to the List of prohibited or restricted technology transfer as prescribed by laws on technology transfer.

3. Produced according to standards:

a) Complying with national technical regulation (QCVN) requirements on safety, energy efficiency, and environmental protection;

b) In cases where there is no national technical regulation (QCVN) related to the imported technological production line, the technological production line must be produced according to standards consistent with the technical specifications of the national standard (TCVN) of Vietnam or the national standard of one of the G7 countries or South Korea on safety, energy efficiency, and environmental protection.

4. Capacity (measured by the quantity of products produced by the technological production line within a unit of time) or remaining efficiency must reach 85% or more compared to the designed capacity or efficiency.

5. Level of raw material, material, and energy consumption does not exceed 15% compared to the design.

6. For cases where second-hand technological production lines are imported to serve activities related to training, research, and development of digital technology products and services as stipulated in Clause 4, Article 21 of the Digital Industry Law, the criteria prescribed in Clauses 4 and 5 of this Article do not apply.

4. Capacity (calculated based on the quantity of products produced by the technology chain within a unit of time) or remaining efficiency must be at least 85% compared to the designed capacity or efficiency.

5. The level of consumption of raw materials, materials, and energy must not exceed 15% compared to the design.

6. For cases where imported technology chains serve training, research, and development of digital technology products and services as stipulated in Clause 4 of Article 21 of the Digital Industry Technology Law, there is no need to apply the criteria specified in Clauses 4 and 5 of this Article.

Article 5. Criteria for Used Equipment, Machinery, and Tools for Importation

Used equipment, machinery, and tools are permitted to be imported when they meet the following criteria:

1. They do not fall under the List of Used Machinery, Equipment, and Tools that are obsolete, of poor quality, and cause environmental pollution as published by the exporting country.

2. The technology of the machinery, equipment, and tools does not belong to the List of Prohibited or Restricted Technology Transfer as stipulated by the Law on Technology Transfer.

4. Capacity (measured by the quantity of products produced by the technological production line within a unit of time) or remaining efficiency must reach 85% or more compared to the designed capacity or efficiency.

5. Level of raw material, material, and energy consumption does not exceed 15% compared to the design.

b) In cases where there is no national technical regulation (QCVN) related to the imported equipment, machinery, and tools, such equipment, machinery, and tools must be produced according to standards compatible with the technical requirements of the national standard (TCVN) of Vietnam or the national standard of one of the G7 countries, South Korea regarding safety, energy efficiency, and environmental protection.

4. The age of the equipment (the period calculated in years from the year of production to the year of importation of the used machinery, equipment, and tools) shall not exceed twenty years. The year of importation is the year the goods arrive at a Vietnamese customs port.

5. For cases where machinery, equipment, and tools are imported to serve training, research, and development of digital products and services as provided for in Clause 4, Article 21 of the Digital Industry Law, the criteria set forth in Clause 4 of this Article do not apply.

Article 6. Implementation Organization

Clause 1. This Circular takes effect from January 1, 2026.

2. Organizations and enterprises importing have the responsibility to:

a) Commit in writing that the production lines, machinery, equipment, and tools that are used meet the criteria specified in Articles 4 and 5 of this Circular; use them for the purposes defined in Article 1 of this Circular and not for other purposes;

b) Provide complete documentation to the customs authority to facilitate the importation process as required;

c) Be responsible under the law for the accuracy of the information and documents provided in their commitments. In case of breach of commitment, organizations and enterprises shall be responsible for re-exporting the entire production line, equipment, machinery, and tools that have been imported out of the territory of Vietnam and shall be subject to penalties as prescribed by law.

3. The Director of the Office, the Director of the Department of Information Technology Industry, and the heads of agencies and individuals specified in Article 2 are responsible for implementing the guidance provided in this Circular.

4. During the implementation process, if there are any difficulties or new issues arise, it is recommended that agencies, organizations, and enterprises promptly report to the Ministry of Science and Technology (Department of Information Technology Industry) for study, consideration, and guidance or amendment and supplementation as prescribed./.