Circular No. 43/2009/TT-BTTTT promulgates the List of Used Information Technology Products Prohibited from Import

CIRCULAR

Issuing the List of Used 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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MINISTER OF INFORMATION AND COMMUNICATIONS

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 related agency buying, selling, processing, and transiting goods with foreign countries;

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.

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Article 1. 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 as follows:

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular issues the List of Used Information Technology Products Prohibited from Importation (hereinafter referred to as the List) and the principles for its application.

2. This Circular applies to Vietnamese traders; organizations and individuals involved in trade activities related to the importation of used information technology products.

Article 2. Interpretation of Terms

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

1. Services for warranty, maintenance, repair, refurbishment, and production of refurbished information technology products are activities that replace new components, assemble, repair, restore, and upgrade functions for used information technology equipment.

2. Refurbished, repaired, or newly produced information technology products are those that have been repaired, had parts replaced, restored their functions and appearance equivalent to new products of the same type, and must bear marks or labels indicating they are refurbished, repaired, or newly produced products on both packaging and the product itself.

3. Specialized information technology products are those used as production means, control, operation, exploitation, and monitoring tools for part or all of a production system or chain in specific industries.

Chapter II

Domestic air passenger transport service on regular basic economy classLIST OF USED INFORMATION TECHNOLOGY PRODUCTS PROHIBITED FROM IMPORTATION

Article 3. List of Used Information Technology Products Prohibited from Importation

1. The List of Used Information Technology Products Prohibited from Importation is issued together with this Circular.

2. This List will be reviewed and supplemented or amended as necessary to keep pace with developments in information technology.

Article 4. Principles for Applying the List

1. The List only prohibits the importation of goods with 10-digit codes. Four-digit, six-digit, and eight-digit codes in the List serve merely to clarify the types of goods prohibited by the 10-digit codes.

2. Used spare parts, accessories, component assemblies of products listed in the List are also prohibited from importation.

3. The List does not apply to the importation of used information technology products in the following cases:

a) Importation for warranty, maintenance, repair, refurbishment, or production of refurbished products and subsequent re-export;

b) Importation for direct production purposes or as samples for design work, research and development (R&D) under purchase, lease, lease-purchase, or loan arrangements;

c) Re-importation after being sent abroad for warranty, maintenance, or refurbishment;

d) Importation within the same organization or entity as a means of production relocation;

đ) Importation of specialized used information technology products;

e) Importation of refurbished, repaired, or newly produced information technology products for production purposes under specific projects that yield economic and social benefits or serve national security and defense objectives.

Chapter III

IMPLEMENTING PROVISIONS

Article 5. Effective Date

1. This Circular takes effect from February 15, 2010.

2. This Circular replaces Decision No. 20/2006/QĐ-BBCVT dated June 30, 2006 of the Minister of Posts and Telecommunications (now the Ministry of Information and Communications) issuing the List of Used Information Technology Products Prohibited from Importation and Decision No. 11/2007/QĐ-BBCVT dated May 24, 2007 amending and supplementing Decision No. 20/2006/QĐ-BBCVT dated June 30, 2006.

Article 6. Guidance on Implementation

1. The heads of agencies and units under the Ministry of Information and Communications, and the organizations and individuals mentioned in Article 1 shall be responsible for implementing this Circular.

2. In the course of implementing this Circular, if there are any difficulties, the agencies, organizations, and individuals concerned must promptly report them in writing to the Ministry of Information and Communications for resolution./.