What are the regulations on documentation and procedures for importing used machinery and equipment into Vietnam?
What are the import criteria for used machinery and equipment into Vietnam?
Pursuant to Article 6 of Decision No. 18/2019/QD-TTg on import criteria for used machinery and equipment as follows:
A piece of used machinery or equipment may be imported if it satisfies the following criteria:
- Its age does not exceed 10 years. Ages of machinery and equipment in certain specific fields are provided for in the Appendix I enclosed with Decision No. 18/2019/QD-TTg.
- It is manufactured in accordance with:
+ National Technical Regulations (QCVN) on safety, energy saving, and environmental protection;
+ In case of unavailability of National Technical Regulations (QCVN) for the type of machinery or equipment to be imported, it must be manufactured in conformity with technical indicators of Vietnam’s Standards (TCVN) or Standards of G7 countries or Korea with regard to safety, energy saving, and environmental protection.
What are the regulations on documentation and procedures for importing used machinery and equipment into Vietnam? (Image from the Internet)
Can used nailing machines for woodworking be imported?
Pursuant to the provisions of Section 2, Appendix I enclosed with Decision No. 18/2019/QD-TTg on the import of used equipment in the field of wood production and processing as follows:
- Dryers for wood, paper pulp, paper or paperboard have an age not exceeding 15 years.
- Machine-tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials have an age not exceeding 20 years.
- Presses for the manufacture of particle board or fibre building board of wood or other ligneous materials and other machinery for treating wood or cork have an age not exceeding 20 years.
Appendix I enclosed with Decision No. 18/2019/QD-TTg stipulates how to calculate age of equipment (X): X = Year of import – Year of manufacturing
Age is expressed in years only.
E.g.: Equipment A is produced in January, 2008 and imported to Vietnam in December, 2018.
X = 2018 - 2008 = 10 (years)
Thus, the used nailing machines for woodworking are allowed to be imported into Vietnam.
What are the regulations on documentation and procedures for importing used machinery and equipment into Vietnam?
Pursuant to the provisions of Article 8 of Decision No. 18/2019/QD-TTg on the documentation for import of used machinery and equipment as follows:
- Import documents:
Apart from the import documents prescribed by the Law on customs, the importer must submit additional documents, including:
+ The copy of the Certificate of enterprise registration bearing the importer’s seal. In case of entrusted import, the import entrustment agreement must be submitted;
+ The original of manufacturer’s certification that the manufacturing year and manufacturing standards applied to the used machinery or equipment are conformable with Article 6 of Decision No. 18/2019/QD-TTg if the machinery or equipment to be imported have been manufactured in any G7 countries or Korea. That certification must be consularly legalized and accompanied by its Vietnamese translation;
+ The inspection certificate issued by a designated inspection body that meet the requirements laid down in Article 11 of Decision No. 18/2019/QD-TTg if the machinery or equipment to be imported has been manufactured in any G7 countries or Korea without the manufacturer's certification or the machinery or equipment to be imported has been manufactured in a country other than G7 countries and Korea. Contents of such inspection certificate must conform to Points a, b, c, d, e Clause 1 Article 10 of Decision No. 18/2019/QD-TTg.
- Import procedures:
+ The importer shall submit a set of import documents and additional documents mentioned in Clause 1 Article 8 of Decision No. 18/2019/QD-TTg to the customs authority where the customs declaration is registered;
+ The customs authority shall only initiate customs clearance procedures as regulated if received import documents and additional documents are sufficient and valid. If the inspection certificate is submitted, it must include the conclusion that the used machinery or equipment satisfies requirements in Article 6 of Decision No. 18/2019/QD-TTg.
- Putting goods into storage:
+ At the time of submitting import documents as prescribed in Clause 1 of this Article, if an importer of the used machinery or equipment fails to provide the manufacturer’s certification and the inspection certificate, the importer may put goods into storage in accordance with the Law on customs after submitting the application for inspection bearing the certification by the inspection body as prescribed in Decision No. 18/2019/QD-TTg to the customs authority;
+ Within 30 working days from the day on which machinery or equipment is put into storage, the importer must submit the inspection certificate to the customs authority. The customs authority shall only initiate customs clearance procedures as regulated if import documents and additional documents prescribed in Clause 1 of this Article are sufficient and valid, and the inspection certificate includes the conclusion that the used machinery or equipment satisfies requirements in Article 6 of Decision No. 18/2019/QD-TTg.
If the inspection result shows that the machinery or equipment fails to meet requirements in Article 6 of Decision No. 18/2019/QD-TTg, the importer shall incur penalties for administrative violations against the Law on customs.
LawNet
