Decree No. 77/2023/NĐ-CP on the management of imported refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

This Decree stipulates the issuance of refurbishment codes and import permits for refurbished goods under the CPTPP. The main contents include: - Regulations on enterprises eligible to be issued Refurbishment Codes - Documents and procedures for issuing Refurbishment Codes - Regulations on traders eligible to import refurbished goods - Documents and procedures for issuing Import Permits for refurbished goods - Customs procedures and responsibilities of import traders This Decree takes effect from January 1, 2024.

Số hiệu77/2023/NĐ-CP
Loại văn bảnDecree
Cơ quan ban hànhMinistry of Industry and Trade
Người kýLê Minh Khái — Phó Thủ tướng
Cập nhật15/06/2026
NgànhLabour, War Invalids and Social Affairs
Lĩnh vựcUncategorized
Ngày ban hành02/11/2023
Ngày áp dụng01/01/2024
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Decree stipulates the issuance of refurbishment codes and import permits for refurbished goods under the CPTPP. The main contents include: - Regulations on enterprises eligible to be issued Refurbishment Codes - Documents and procedures for issuing Refurbishment Codes - Regulations on traders eligible to import refurbished goods - Documents and procedures for issuing Import Permits for refurbished goods - Customs procedures and responsibilities of import traders This Decree takes effect from January 1, 2024.

Đối tượng áp dụng

Enterprises and traders importing refurbished goods under the CPTPP

Các điểm cốt lõi

  • Regulations on the issuance of refurbishment codes for enterprises exporting used goods to Vietnam.
  • Documents and procedures for issuing import permits for refurbished goods for import traders.
  • Customs procedures and responsibilities of traders when importing refurbished goods.
  • Allocation of responsibilities among ministries and sectors in managing the import of refurbished goods.
  • Effective date from January 1, 2024.

🌐 Tác động xã hội từ văn bản này

  • Strengthening the management of imports of used goods under the CPTPP.
  • Ensuring the quality and safety of imported refurbished goods in Vietnam.
  • Promoting sustainable and responsible international trade development.

❓ Câu hỏi thường gặp

Who is eligible to be issued Refurbishment Codes?

Enterprises exporting used goods to Vietnam under the CPTPP are eligible to be issued Refurbishment Codes.

What is the validity period of an import permit with a time limit?

An import permit with a time limit shall not be less than twelve months.

When does this Decree take effect?

This Decree takes effect from January 1, 2024.

Toàn văn

THE GOVERNMENT
________

Number: 77/2023/NĐ-CP

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
_______________________________________

Hanoi, November 2, 2023

DECREE

On the management of imported refurbished goods pursuant to

the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

_____________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

Pursuant tothe Law on Foreign Trade Management June 12, 2017;

Pursuant to Resolution No. 72/2018/QH14 dated November 12, 2018 of the National Assembly approving the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and related documents;

Implementing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed on March 8, 2018;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree on the management of imported refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the management of imported refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP Agreement).

2. This Decree applies only to the importation of refurbished goods under the CPTPP Agreement and those of the same type as used goods prohibited from importation into Vietnam under the law.

3. This Decree does not apply to the importation of refurbished goods for defense and security purposes.

Article 2. Applicability

This Decree applies to refurbishing enterprises, refurbishing facilities, trademark owners, importers of refurbished goods, and other agencies, organizations, and individuals related to the importation of refurbished goods under the CPTPP Agreement.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Reconditioned parts are one or more separate components (i) removed from used goods, then (ii) cleaned, quality-checked, tested, or processed through necessary repair steps to ensure that the parts return to a good, reliable, and safe operational condition.

2. Refurbished goods are products:

a) Listed under the commodity codes in Appendices I, II, III, IV, and V attached to this Decree; and

b) Composed entirely or partially from reconditioned parts; and

Article 2. A refurbishing enterprise is a business established and registered to operate abroad, playing a primary role in organizing the production of refurbished goods and implementing procedures to bring refurbished goods into circulation.

d) Capable of performing all functions as when the goods were new, with unchanged or similar quality and performance; and

đ) Equipped with warranty terms similar to those applicable to the same type of goods when new.

3. A refurbishing enterprise is an enterprise established and registered to operate abroad, playing a primary role in organizing the production of refurbished goods and completing procedures to bring such goods into circulation.

4. A trademark owner is an organization or individual legally owning the trademark of the original goods or of the goods from which refurbished goods are made using parts, components, or replacement parts.

5. A refurbishing facility is a place where one or more processes are carried out to produce refurbished goods.

6. Refurbishing capacity refers to the ability to produce refurbished goods meeting the criteria set forth in Clause 2 of this Article.

7. Commodity code is the classification code of goods according to the Harmonized System of Description and Coding of Goods issued by the World Customs Organization, as reflected in the List of Export and Import Commodities of Vietnam.

8. Goods initially are goods before undergoing restoration or refurbishment processes.

Chapter II
REFINISHED GOODS

Article 4. List of Refurbished Goods

1. Issue the List of refurbished goods within the scope of management of the Ministry of Information and Communications in Appendix I of this Decree.

2. Issue the List of refurbished goods within the scope of management of the Ministry of Health in Appendix II of this Decree.

3. Issue the List of refurbished goods within the scope of management of the Ministry of Transport in Appendix III of this Decree.

4. Issue the List of refurbished goods within the scope of management of the Ministry of Industry and Trade in Appendix IV of this Decree.

5. Issue the List of refurbished goods within the scope of management of the Ministry of Agriculture and Rural Development in Appendix V of this Decree.

6. The application of the columns "Commodity Code" and "Description of Goods" in Appendices I, II, IV, V of this Decree shall be implemented in accordance with the List of Export and Import Commodities of Vietnam and legal documents amending and supplementing the List of Export and Import Commodities of Vietnam.

Article 5. Conditions for imported refurbished goods

1. Imported refurbished goods into Vietnam must meet the following conditions:

a) Possess an import permit as prescribed in this Decree.

b) Meet the provisions on rules of origin of goods under the CPTPP Agreement.

c) Comply with relevant Vietnamese laws and specialized regulations currently applied to newly imported goods of the same type, including provisions on product labels, product quality, technical standards, energy efficiency, radiation safety, cybersecurity, measurement, environmental protection, intellectual property rights, and other regulations.

2. When put into circulation on the market, the phrase "Refurbished Goods" must be displayed in Vietnamese on the original label or secondary label of the refurbished goods at a position and size visible and readable to the naked eye.

Chapter III
REFURBISHED GOODS CODE

Article 6. Refurbishment Code Number

1. The refurbished goods code is a unique identifier assigned by the Ministry of Industry and Trade to refurbishing enterprises or trademark owners who are organizations.

2. The Refurbishment Code Number shall be granted to refurbishment enterprises or trademark owners who demonstrate their refurbishment capability, warranty regime, and right to use trademarks in accordance with this Decree.

3. The refurbished goods code has a maximum validity period of five years from the date of issuance.

Article 7. Documents for Application of Refurbishment Code Number

1. Refurbishment enterprises or trademark owners (hereinafter referred to as the applicant enterprise) shall submit one set of application documents for the Refurbishment Code Number via postal service (or online, if applicable) to the Ministry of Industry and Trade.

2. Application documents for the Refurbished Goods Code include:

a) An application form for the Refurbishment Code Number according to the model attached as Appendix VI to this Decree (one original copy).

b) Business registration certificate of the applicant enterprise or other equivalent documents (one copy with one Vietnamese translation if the language used in the copy is not Vietnamese, both copies certified by the applicant enterprise).

c) Documentation detailing the refurbishment capability, prepared for each refurbished product code registered for import into Vietnam (one original copy in English and one Vietnamese translation, both signed by the person signing the Application Form for the Refurbishment Code Number).

d) Documentation detailing that the refurbished products meet the rules of origin under the CPTPP Agreement, prepared for each refurbished product code registered for import into Vietnam (one original copy in English and one Vietnamese translation, both signed by the person signing the Application Form for the Refurbishment Code Number).

đ) A commitment to provide warranty and maintenance services for refurbished products similar to those provided for the same type of products before refurbishment, prepared for each refurbished product code registered for import into Vietnam (one original copy in English and one Vietnamese translation, both signed by the person signing the Application Form for the Refurbishment Code Number).

e) Written authorization from the trademark owner allowing the use of the original product's trademark on refurbished goods or for goods bearing the owner's trademark in cases where the refurbished goods are parts, components, or replacement parts (one original copy in English and one Vietnamese translation, both signed by an authorized representative of the trademark owner).

Article 8. Requirements for Documentation Detailing Refurbishment Capability

The minimum requirements for the explanatory documentation on refurbishment capability include:

1. Clearly and fully describe the technology, methods, machinery, equipment, parts, components, and accessories used in the refurbishment process so that a person with average knowledge in the relevant technical field can understand and evaluate the results of the refurbishment based on this description.

2. Clearly and fully describe the quality inspection procedures to prove that the refurbished products have been objectively, truthfully, and thoroughly tested to achieve technical specifications and quality equivalent to those of the same type of products before refurbishment. Any accompanying quality certificates must be translated into Vietnamese if they are in a non-Vietnamese language and certified by the applicant enterprise.

3. Clearly and fully explain the reasons why the applicant enterprise believes that the refurbished products have a lifespan similar to that of the same type of products before refurbishment and perform all functions as effectively as the same type of products before refurbishment, with unchanged or equivalent quality and performance.

4. Special notes regarding transportation, handling, storage, use, and disposal of the refurbished goods if such notes apply to the same type of goods before use.

5. Include color images of the refurbished products.

Article 9. Requirements for Documentation Proving that Reconditioned Goods Meet the Origin Rules under the CPTPP Agreement

The documentation proving that reconditioned goods meet the origin rules under the CPTPP Agreement must at least include:

1. A presentation of the origin rules applied by the CPTPP Agreement to the type of reconditioned goods registered for import into Vietnam.

2. Presenting the reasons that allow the proposing enterprise to believe that the refurbished goods comply with the rules of origin set forth in Clause 1 of this Article.

Article 10. Requirements for the Warranty and Maintenance Commitment Statement for Reconditioned Goods

The minimum requirements for the Warranty and Maintenance Commitment Statement for Refurbished Goods include:

1. Clearly and fully commit to providing warranty and maintenance services for reconditioned goods similar to those provided for the same type of goods before use.

2. Attach relevant documents to prove the commitment stated in Clause 1 of this Article, such as a list of warranty and maintenance facilities for reconditioned goods in Vietnam along with approval documents for the warranty and maintenance obligations of each facility (if applicable to the same goods before use); warranty cards or warranty certificates of the same type of goods before use. Proof documents must be translated into Vietnamese if they are not in Vietnamese and verified by the requesting enterprise.

Article 11. Requirements for the trademark owner's document allowing reconditioned goods to use the trademark of the original goods or to be used for goods bearing the owner's trademark

The documentation from the trademark owner referred to in this Article must at least include:

1. Prove ownership of the trademark. Proof documents must be translated into Vietnamese if they are not in Vietnamese and verified by the authorized representative of the trademark owner.

2. Clearly, fully, and unambiguously state that the trademark owner agrees to allow reconditioned goods in the Application for Reconditioning Code to use the trademark of the original goods, or reconditioned goods may be used as parts, components, or replacement parts for goods bearing the owner's trademark if the reconditioned goods are parts, components, or replacement parts.

Article 12. Procedure for Issuing Reconditioning Codes

1. In cases where the application is incomplete or does not comply with regulations, within seven working days from the date of receipt of the application, the Ministry of Industry and Trade shall notify the requesting enterprise in writing (or online, if applicable) to supplement and complete the application.

2. In cases where the requesting enterprise registers a list of reconditioned goods only under Appendix IV of this Decree, within ninety days from the date of receipt of a complete and compliant application, the Ministry of Industry and Trade shall review the application and issue a Reconditioning Code to the requesting enterprise. If the issuance is refused, a written response must be given with clear reasons.

3. In cases where the requesting enterprise registers a list of reconditioned goods under Appendices I, II, III, and V of this Decree, within seven working days from the date of receipt of a complete and compliant application, the Ministry of Industry and Trade shall forward the application to the specialized management agency for comments on the review.

Within ninety days from the date of receipt of the request for comments on the review from the Ministry of Industry and Trade, the specialized management agency shall review the application and provide a written response to the Ministry of Industry and Trade regarding agreement or disagreement with the issuance of a Reconditioning Code. If the issuance is disagreed with, the specialized management agency must clearly state the reasons.

Within seven working days from the date of receipt of the written response from the specialized management agency, the Ministry of Industry and Trade shall issue a Reconditioning Code or provide a written refusal to issue a Reconditioning Code, stating the reasons.

4. In cases where the Ministry of Industry and Trade or the specialized management agency requests the requesting enterprise to supplement information, the period from sending the request for supplementary information to receiving valid supplementary information will not be counted towards the review period.

Article 13. On-site Inspection of Refurbishment Facilities

1. The Ministry of Industry and Trade and specialized management ministries have the right to request on-site inspections of refurbishment facilities before issuing Refurbishment Codes if there is suspicion regarding the authenticity of the application for Refurbishment Codes or after issuing Refurbishment Codes based on risk management or upon discovering that a business entity with a Refurbishment Code has violated legal provisions.

2. Requests for on-site inspections of refurbishment facilities shall be notified in writing (or online, if applicable) by the Ministry of Industry and Trade to businesses applying for Refurbishment Codes or to businesses already issued Refurbishment Codes when conducting post-issuance on-site inspections of refurbishment facilities.

3. The ministry requesting the on-site inspection is responsible for conducting the inspection.

4. The lead agency and the enterprise requesting the Refurbishment Code or the enterprise already issued a Refurbishment Code shall agree on the start date of the inspection.

5. Within fifteen working days from the completion of the inspection, the inspecting ministry shall notify the results of the inspection in writing (or online, if applicable) to the business applying for Refurbishment Codes or to the business already issued Refurbishment Codes. This notification shall be copied to the Ministry of Industry and Trade if the inspecting ministry is a specialized management ministry.

6. In cases where the on-site inspection occurs prior to issuing Refurbishment Codes or prior to approving amendments or supplements to information of businesses already issued Refurbishment Codes or prior to approving extensions with amendments or supplements to information of businesses already issued Refurbishment Codes, the period from the date of notification of the inspection request to the date of notification of the inspection results shall not be counted towards the review period of the application.

Article 14. Extension of Validity of Refurbishment Codes

1. Businesses requiring an extension of the validity of Refurbishment Codes shall submit an Application for Extension of Refurbishment Codes according to Form VII or Form VIII of this Decree to the Ministry of Industry and Trade at least ninety days before the Refurbishment Code expires.

2. The processing time for Applications for Extension of Refurbishment Codes shall not exceed seven working days in cases where there are no changes or supplements to the information compared to the previously issued Refurbishment Code.

3. In cases where there are changes or supplements to the information compared to the previously issued Refurbishment Code, businesses requiring an extension of the Refurbishment Code shall submit additional documents as stipulated in point b and point c of Clause 1 of Article 15 of this Decree. The process for handling Applications for Extension of Refurbishment Codes in such cases shall be carried out in accordance with the procedures for amending or supplementing information of businesses already issued Refurbishment Codes as provided in Clauses 2, 3, 4, 5, and 6 of Article 15 of this Decree.

4. The Refurbishment Code has a maximum validity period of five years from the date the Ministry of Industry and Trade approves the request to extend the effectiveness of the Refurbishment Code.

Article 15. Amendments and Supplements to Information of Businesses Already Issued Refurbishment Codes

1. In cases where there have been changes to the information in the application for Refurbishment Codes after issuance of the Refurbishment Code, the business already issued the Refurbishment Code shall be responsible for submitting an application for amendment and supplementation of information through postal service (or online, if applicable) to the Ministry of Industry and Trade. The application includes:

a) An Application for Amendment and Supplementation of Information according to Form IX promulgated together with this Decree (one original copy).

b) Documentation explaining the request for modification and supplement of information (one original copy in English and one translated copy in Vietnamese, both copies signed by an authorized representative of the business).

c) Copies of supporting documents for the explanatory documentation, if any (one copy each, accompanied by a Vietnamese translation, both copies certified by an authorized representative of the business).

2. In cases where the application for amendment and supplementation of information only relates to Form IV of this Decree, and the amendment and supplementation of information does not affect the refurbishment capacity, warranty regime, and trademark usage rights, within seven working days from the date of receipt of the properly submitted application, the Ministry of Industry and Trade shall issue a written notice approving the amendment and supplementation of information.

3. In cases where the application for amendment and supplementation of information relates to Form I, Form II, Form III, and Form V of this Decree, within seven working days from the date of receipt of the properly submitted application, the Ministry of Industry and Trade shall forward the application to the specialized management ministry for comments.

Within ten working days from the date of receipt of the application from the Ministry of Industry and Trade, the specialized management ministry shall provide a written response to the Ministry of Industry and Trade. If the specialized management ministry concludes that the amendment and supplementation of information does not affect the refurbishment capacity, warranty regime, and trademark usage rights, within seven working days from the date of receipt of the specialized management ministry's response, the Ministry of Industry and Trade shall issue a written notice approving the amendment and supplementation of information.

4. In cases where the Ministry of Industry and Trade or the specialized management ministry finds that the amendment and supplementation of information may affect the refurbishment capacity, warranty regime, and trademark usage rights of businesses already issued Refurbishment Codes, within seven working days from the date of receipt of the properly submitted application or from the date of receipt of the specialized management ministry's response, the Ministry of Industry and Trade shall notify the business already issued Refurbishment Codes in writing (or online, if applicable) about the re-evaluation of their capacity.

5. The reassessment of capacity of businesses already issued the Refurbishment Code shall be carried out according to the assessment procedures when issuing the Refurbishment Code.

6. During the re-evaluation of the capacity of businesses already issued Refurbishment Codes, the Ministry of Industry and Trade has the right to temporarily suspend the effectiveness of the Refurbishment Code in accordance with Clause 3 of Article 16 of this Decree.

Article 16. Suspension and Revocation of Refurbishment Code

1. The Ministry of Industry and Trade shall revoke the Refurbishment Code in the following cases:

a) An enterprise applying for issuance of the Refurbishment Code provides incorrect information in the application dossier, seriously affecting the assessment and issuance process of the Refurbishment Code.

b) A business that has been granted a Refurbishment Code does not complete the procedure to amend and supplement information as prescribed within thirty days from the date the Refurbishment Code is suspended according to point c, Clause 3 of this Article.

c) A business that has been granted a Refurbishment Code fails to maintain its refurbishment capacity, warranty system, or trademark usage rights as stated in the application for the Refurbishment Code.

d) Refurbished goods registered for import into Vietnam by a business that has been granted a Refurbishment Code systematically violate the provisions set forth in point c, Clause 1, Article 5 of this Decree.

đ) The business applying for a Refurbishment Code or the business that has been granted a Refurbishment Code does not cooperate during the actual inspection of the refurbishment facility or the re-evaluation of the business's refurbishment capacity.

e) A business that has been granted a Refurbishment Code or a maintenance and service center refuses to provide warranty or maintenance services for refurbished goods.

g) At the request of the business that has been granted a Refurbishment Code.

h) A business that has been granted a Refurbishment Code is dissolved, bankrupted, or has had its business registration certificate or equivalent document revoked by the competent authority of the home country.

2. In cases where a business that has been granted a Refurbishment Code is revoked of its Refurbishment Code according to points a, b, d, đ, and h, Clause 1 of this Article, the Ministry of Industry and Trade will not consider granting it another Refurbishment Code.

3. The Ministry of Industry and Trade shall consider temporarily suspending the effectiveness of the Refurbishment Code in the following situations:

a) To prevent risks that cannot be remedied which may arise during the re-evaluation of the business's refurbishment capacity or during the actual inspection of the refurbishment facility after the issuance of the Refurbishment Code.

b) Refurbished goods violate the provisions set forth in point c, Clause 1, Article 5 of this Decree for the first time.

c) An enterprise that has been issued the Refurbishment Code fails to complete the procedures to amend and supplement information as required.

4. The import permit for refurbished goods becomes invalid when the Refurbishment Code is suspended or revoked.

5. In cases where goods have been loaded onto transportation means before the Refurbishment Code is suspended or revoked according to points b, c, đ, and g, Clause 1 and Clause 3 of Article 16 of this Decree:

a) The importer sends a written request to the issuing authority specified in Clause 1, Article 17 of this Decree to consider and decide on the importation of the consignment, clearly stating the reasons for requesting the import of goods when the Refurbishment Code is suspended or revoked (attach relevant documents proving that the goods were loaded onto transportation means before the Refurbishment Code was suspended or revoked; the previously issued import permit for refurbished goods for the consignment).

b) Within seven working days from the date of receipt of the importer's application, the issuing authority responds in writing. If the import is not allowed, the issuing authority provides a written response detailing the reasons.

6. The Ministry of Industry and Trade promptly notifies the licensing authority and customs authorities upon making decisions to issue new, amend, supplement, suspend, or revoke Refurbishment Codes to ensure related management work.

7. The Ministry of Finance, the Ministry of Information and Communications, the Ministry of Health, the Ministry of Transport, and the Ministry of Agriculture and Rural Development promptly inform the Ministry of Industry and Trade about the occurrence of violations concerning conditions for imported refurbished goods to coordinate in handling, considering suspension, or revocation of Refurbishment Codes.

Chapter IV
IMPORT LICENSE AND PROCEDURES FOR IMPORTING REFURBISHED GOODS

Article 17. Import Permit for Reconditioned Goods

1. Reconditioned goods may only be imported into Vietnam when there is an import permit issued by the specialized management agency assigned in Appendix I, II, III, IV, and V of this Decree (hereinafter referred to as the issuing authority).

2. The import permit for reconditioned goods includes:

a) Batch import permit.

b) Time-limited import permit.

3. The batch import permit is granted to reconditioned goods for the first time they are imported into Vietnam.

4. Reconditioned goods with the same name, same commodity code, and belonging to the same enterprise will be assigned a Reconditioning Code after three times being granted a batch import permit (for the same importer or for different importers), and will then switch to a time-limited import permit system.

5. The issuing authority specifies the validity period of the time-limited import permit but it must not be less than twelve months.

6. A time-limited import permit does not limit the quantity of reconditioned goods that can be imported under the permit during its validity period.

7. The batch import permit is reapplied when:

a) The suspension period of the Reconditioning Code has expired.

b) An enterprise that has been assigned a Reconditioning Code has had it revoked and then reassigned.

8. In cases stipulated in Clause 7 of this Article, switching to a time-limited import permit system shall only occur after at least ten times being granted a batch import permit (for the same importer or for different importers with the same type of reconditioned goods (same name, same commodity code) belonging to the same enterprise that has been assigned a Reconditioning Code).

Article 18. Documents and Procedures for Issuing Import Permits for Reconditioned Goods

1. Depending on the management division in Appendix I, II, III, IV, and V of this Decree, the importer sends one set of application documents for an Import Permit for Reconditioned Goods via postal service (or online, if applicable) to the issuing authority. The documents include:

a) Application form for an Import Permit for Reconditioned Goods according to the model in Appendix X attached to this Decree (one original copy).

b) Investment Certificate or Business Registration Certificate or Enterprise Registration Certificate (one certified copy from the importer).

c) A document from the enterprise assigned a Reconditioning Code confirming that the reconditioned goods proposed for import by the importer are goods registered by this enterprise when applying for a Reconditioning Code (one original copy accompanied by a Vietnamese translation if the original language is not Vietnamese, signed and confirmed by an authorized representative of the enterprise assigned a Reconditioning Code).

d) Report on the situation of importing reconditioned goods under previously issued permits according to the model in Appendix XI attached to this Decree (one original copy).

2. In cases where newly imported goods of the same type as reconditioned goods currently managed under a permit system or other systems requiring prior approval or registration by the management agency before importation, the importer must submit additional documents and certificates required by such management system, if any.

3. If the submitted documents are incomplete or non-compliant, within seven working days from the date of receipt of the documents, the issuing authority will notify the importer in writing to supplement and complete them.

4. Within fifteen working days from the date of receipt of the complete documents as prescribed, the issuing authority will consider granting an Import Permit for Reconditioned Goods to the importer. If the permit is not granted, the issuing authority will provide a written response stating the reasons.

5. In cases where newly imported goods of the same type as reconditioned goods currently managed under a permit system or other systems requiring prior approval or registration by the management agency before importation and such management system specifies a longer processing time for applications than the time specified in Clause 4 of this Article, the processing time specified in such management system shall apply.

Article 19. Import Procedures for Reconditioned Goods

In addition to customs procedures as prescribed, importers of reconditioned goods shall submit or present to the Customs authority the following documents:

1. Certificate of origin for goods under the CPTPP Agreement (submit original).

2. Import permit for reconditioned goods or document allowing the importation of reconditioned goods when the reconditioning code has been suspended or revoked (present original).

3. Other necessary certificates and documents as prescribed by Vietnamese laws and specialized laws applicable to new goods of the same type when performing customs import procedures. (submit or present in accordance with the provisions of the law).

Article 20. Responsibilities of Importers of Reconditioned Goods

1. Comply with the provisions of Vietnamese law currently applicable to newly imported goods of the same type, including, depending on specific circumstances, regulations on product labeling; business conditions; product quality; technical standards and specifications; energy efficiency; radiation safety; cybersecurity; measurement; environmental protection; intellectual property rights protection...

2. Bear legal responsibility for the accuracy and truthfulness of the submitted documents and materials to the competent authorities.

3. Organize work and provide files and documents as required by the issuing authority and related agencies when such authorities conduct inspections to enforce the provisions of this Decree.

4. Report to the issuing authority and the Ministry of Industry and Trade before January 30 each year on the situation of importing reconditioned goods under the CPTPP Agreement of the previous year according to the form attached as Appendix XI to this Decree.

Chapter V
IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 21. Organization of Implementation

1. The Ministry of Industry and Trade is responsible for assigning reconditioning codes; issuing import permits for reconditioned goods as assigned; inspecting the implementation of reconditioned goods import activities within its jurisdiction; researching and building a database of enterprises that have been assigned reconditioning codes to serve management objectives.

2. The Ministry of Information and Communications, the Ministry of Health, the Ministry of Transport, and the Ministry of Agriculture and Rural Development are responsible for issuing import permits for reconditioned goods as assigned; inspecting the implementation of reconditioned goods import activities within their respective jurisdictions.

3. The Ministry of Finance is responsible for guiding the verification of origin for imported reconditioned goods when performing customs procedures in accordance with the provisions of the law.

Article 22. Effectiveness

1. This Decree takes effect from January 1, 2024.

2. Ministers, Heads of agencies at the level of ministries barticle, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the central government, relevant agencies, organizations, and individuals are responsible for implementing this Decree.

Place of Receipt:
- Central Party Committee Secretariat;

- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, and agencies under the Government;
- Provincial People's Councils, People's Committees of centrally governed cities;
- Central Party Office and Party Committees;
- General Secretary's Office;
- President's Office;
- Ethnic Council and Committees of the National Assembly;
- National Assembly's Office;
- Supreme People's Court;

- Supreme People's Procuracy;

- State Audit Office;
- National Financial Supervisory Commission;
- Social Policy Bank;
- Vietnam Development Bank;
- Vietnam Fatherland Front Central Committee;
- Central Agencies of Social Organizations;
- VPCP: BTCN, all PCN, Assistant PM, Director General of the Government Portal,

various Departments, Bureaus, subordinate units, Official Gazette;
- To be filed: VT, KTTH (2b). TLK

PRIME MINISTER

DEPUTY PRIME MINISTER

DEPUTY PRIME MINISTER

(Signed)

Lê Minh Khái

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77/2023/NĐ-CP
Decree No. 77/2023/NĐ-CP on the management of imported refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
In effect

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