Decision No. 31/2019/QD-TTg stipulates the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research and to carry out repair and maintenance activities for foreign traders for export abroad.

Pursuant to …;

Regulations on the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research
and to carry out processing and repair activities of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import
for foreign traders for consumption abroad
The Catalogue of Used Information Technology Products Prohibited from Import
for foreign traders for consumption abroad

__________

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

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;

At the proposal of the Minister of Information and Communications;

The Prime Minister issues this Decision to regulate the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research and to carry out processing and repair activities of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for foreign traders for consumption abroad.

Article 1. Scope of Regulation

This Decision regulates the dossier, procedures, formalities, and authority for permitting the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research and for carrying out processing and repair activities of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for foreign traders for consumption abroad.

Article 2. Applicability

This Decision applies to:

1. Traders engaging in the importation of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research.

2. Traders carrying out processing and repair activities of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for foreign traders for consumption abroad.

3. State management agencies, organizations, and individuals related thereto.

Article 3. Explanation of Terms

1. Goods listed in the Catalogue of Used Information Technology Products Prohibited from Import are information technology products that have been commercialized and put into use; this does not apply to prototype products still in the research and development phase to become complete products.

2. Scientific research activities as stipulated in this Decision include one or more of the following activities: analysis, design, testing, experimentation, improvement aimed at developing products or creating new methods, solutions, or technical means with higher value.

3. Processing and repairing used information technology products include one or more stages in the production process according to the requirements of the party commissioning the work, including: replacing components, assembly, repair, restoration, upgrading functions, refurbishing the product to have equivalent features and appearance to new products of the same type.

Article 4. Criteria and conditions for importing goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research; criteria and conditions for carrying out processing and repair activities for foreign traders

1. Common criteria and conditions for goods listed in the Catalogue of Used Information Technology Products Prohibited from Import permitted for importation for scientific research or for carrying out processing and repair activities for foreign traders:

a) Imported goods must be solely for direct use in scientific research or processing activities of the trader; they may not be used for sale, gift, or donation purposes;

b) Imported goods must not cause environmental pollution as prescribed by laws on environmental protection.

2. Criteria and conditions for importing goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research must meet the following conditions:

a) Imported goods must comply with the common criteria and conditions prescribed in Clause 1 of this Article;

b) Imported goods must belong to the list of products and equipment serving scientific research projects and programs that have been approved;

c) Imported goods must be leased, purchased, or borrowed from foreign partners with unique characteristics and specialized features that cannot be replaced by domestic market products.

3. Criteria and conditions for carrying out processing and repair activities for foreign traders:

a) Imported goods for processing must comply with the common criteria and conditions prescribed in Clause 1 of this Article;

b) There must be plans and measures to ensure that the processing and repair activities do not cause environmental pollution as prescribed by laws on environmental protection;

c) There must be production facilities, factories; production lines and equipment suitable for the processing and repair activities of each type of product; there must be plans to ensure human resources sufficient for production scale;

d) In addition to complying with the conditions prescribed from point a to c of Clause 3 of this Article, processing and repair activities of goods listed in the Catalogue of Used Information Technology Products Prohibited from Import must be carried out in accordance with the regulations on general processing activities prescribed in Decree No. 69/2018/NĐ-CP and relevant legal documents.

Article 5. Documents, authority, procedures, and formalities for importing goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for Scientific Research

1. Documents for requesting permission to import:

a) Commitment letter and request for permission to import goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for Scientific Research by the trader according to Form No. 01 attached hereto: one original copy;

b) Business registration certificate, business operation registration certificate, investment registration certificate: one certified copy;

c) Technical documentation describing the goods; documentation showing the origin of the goods (invoice, bill of lading, contract, etc.): one copy;

d) Decision approving the scientific research project, Outline of the scientific research project or other documents clearly stating the objectives, contents, expected results, and duration of the scientific research activity; explanation regarding the type and quantity of goods required for importation, the deadline, and measures for handling the goods after completion of the scientific research activity: one original copy;

đ) Other related documents (if any).

2. The Prime Minister delegates the Minister of Information and Communications to consider and grant permission to import goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for Scientific Research based on the criteria, conditions, documents, procedures, and formalities stipulated in this Decision.

3. Procedures and formalities for granting permission to import:

a) The trader submits one set of application documents as prescribed in Clause 1 of this Article directly or through postal service to the Ministry of Information and Communications (address: No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the state agency;

b) In case the trader provides incomplete or non-compliant documents, within one working day, the Ministry of Information and Communications will notify the trader to amend and supplement the documents;

c) Within five working days from the date of receiving complete and compliant documents, the Ministry of Information and Communications will examine and decide on granting permission to import goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for Scientific Research. In case of denial, the Ministry of Information and Communications will issue a reply letter specifying the reasons.

If necessary, within two working days from the date of receiving complete and compliant documents, the Ministry of Information and Communications will issue a letter seeking opinions from relevant ministries and agencies; within five working days from the date of receiving the letter from the Ministry of Information and Communications, the ministries and agencies will issue a reply letter. The time taken to seek opinions does not count towards the processing period for the permit application.

Article 6. Documents, authority, procedures, and formalities for granting permission to carry out repair and maintenance activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for foreign traders

1. Documents for requesting permission to carry out repair and maintenance activities:

a) Commitment letter and request for permission to carry out repair and maintenance activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for foreign traders by the trader according to Form No. 02 attached hereto: one original copy;

b) Business registration certificate, business operation registration certificate, investment registration certificate: one certified copy;

c) Documentation of the trader's capacity including: production facilities, factory; systems, equipment for carrying out repair and maintenance activities suitable for each product type; human resources meeting production scale; financial capacity: one original copy. (For traders who have already been granted permission, if new or adjusted contracts for repair and maintenance do not change the scale, capacity, type, or nature of the project, they do not need to submit these documents);

d) Decision approving the Environmental Impact Assessment Report or Confirmation of the Environmental Protection Plan for the project carrying out repair and maintenance activities according to environmental protection laws issued by the competent state management agency based on the scale, capacity, nature of the project: one certified copy. (For traders who have already been granted permission, if new or adjusted contracts for repair and maintenance do not change the scale, capacity, type, or nature of the project, they do not need to submit these documents);

đ) Contract for carrying out repair and maintenance activities with foreign traders according to the provisions of the law: one original copy or a notarized copy.

2. The Prime Minister delegates the Minister of Information and Communications to consider and grant permission to carry out repair and maintenance activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for foreign traders based on the criteria, conditions, documents, procedures, and formalities stipulated in this Decision.

3. Procedures and formalities for granting permission to carry out repair and maintenance activities:

a) The trader submits one set of application documents as prescribed in Clause 1 of this Article directly or through postal service to the Ministry of Information and Communications (address: No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the state agency;

b) In case the trader provides incomplete or non-compliant documents, within one working day, the Ministry of Information and Communications will notify the trader to amend and supplement the documents;

c) Within five working days from the date of receiving complete and compliant documents, the Minister of Information and Communications will examine and decide on granting permission to carry out repair and maintenance activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Importation for foreign traders. In case of denial, the Ministry of Information and Communications will issue a reply letter specifying the reasons.

If necessary, within two working days from the date of receiving complete and compliant documents, the Ministry of Information and Communications will issue a letter seeking opinions from relevant ministries and agencies; within five working days from the date of receiving the letter from the Ministry of Information and Communications, the ministries and agencies will issue a reply letter. The time taken to seek opinions does not count towards the processing period for the permit application.

Article 7. Obligations of traders and reporting regime

1. Traders importing goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research and traders conducting repair and processing activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for foreign traders shall strictly comply with relevant legal provisions and the provisions of this Decision.

2. Traders are responsible for the type, quantity, and quality of imported goods.

3. Traders importing goods for scientific research must re-export or destroy such goods according to legal regulations within three months from the end date of the scientific research process.

4. Traders conducting repair and processing activities on goods must re-export all products outside the country after the repair and processing process, and are not permitted to sell them in Vietnam under current laws governing processing of goods.

5. Traders have the responsibility to periodically report annually on the implementation of repair and processing activities according to Form No. 03 attached to this Decision from the date they are allowed to conduct repair and processing activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Import.

Article 8. Implementation organization

1. The Ministry of Information and Communications is responsible for leading, coordinating with ministries, ministerial-level agencies, People's Committees of provinces and centrally-run cities to implement, guide, supervise, and inspect the implementation of this Decision; during the implementation process, if there are emerging issues or difficulties beyond their authority, they shall report to the Prime Minister for consideration and decision.

2. The Ministry of Finance, the Ministry of Industry and Trade, and related ministries and agencies, People's Committees of provinces and centrally-run cities shall cooperate with the Ministry of Information and Communications to implement this Decision.

Article 9. Transitional Provisions

Traders who have been granted permission to import goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for Scientific Research and permission to conduct repair and processing activities on goods listed in the Catalogue of Used Information Technology Products Prohibited from Import for foreign traders according to laws prior to the effective date of this Decision shall continue to implement according to the contents and validity periods specified in the issued permits.

Article 10. Provisions on implementation

1. This Decision shall take effect from the date of issuance.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and related organizations and individuals are responsible for implementing this Decision.