Supplementing the Validity of the Appraisal Certificate for Used Technology Lines under the Simplified Import Procedures from March 1, 2023
Contents of the Certificate of Inspection of Used Technology Line
Pursuant to Clause 1 Article 10 Decision 18/2019/QD-TTg stipulating the contents of the certificate of inspection for used technology lines as follows:
- Time and place of inspection;
- Condition of the technology line during inspection (operating or non-operating);
- Inspection methods, inspection procedures; code and name of the national technical regulations (QCVN), national standards (TCVN) or national standards of one of the G7 countries, South Korea regarding safety, energy saving, and environmental protection (if any) used to assess the conformity of the technology line according to regulations:
+ Complies with the regulations of the national technical regulation (QCVN) on safety, energy saving, and environmental protection;
+ In the absence of national technical regulations (QCVN) related to imported technology lines, the technology line must be manufactured according to standards that meet the technical criteria of national standards (TCVN) of Vietnam or national standards of one of the G7 countries, South Korea regarding safety, energy saving, and environmental protection.
In the absence of national technical regulations (QCVN), national standards (TCVN), national standards of one of the G7 countries, South Korea on safety, energy saving, environmental protection related to used machinery, equipment, technology lines, it must be stated clearly in the inspection certificate.
- Comments and evaluation results compared to each specified criterion as follows:
+ Complies with the regulations of the national technical regulation (QCVN) on safety, energy saving, and environmental protection;
+ In the absence of national technical regulations (QCVN) related to imported technology lines, the technology line must be manufactured according to standards that meet the technical criteria of national standards (TCVN) of Vietnam or national standards of one of the G7 countries, South Korea regarding safety, energy saving, and environmental protection.
+ The capacity (calculated by the number of products produced by the technology line in a unit of time) or the remaining efficiency must reach 85% or more compared to the design capacity or efficiency.
+ Material, energy consumption must not exceed 15% compared to the design.
+ The technology of the technology line must not belong to the List of Prohibited Technology Transfers, List of Restricted Technology Transfers stipulated in Decree 76/2018/ND-CP.
+ The technology of the technology line must be currently used in at least 03 production facilities in countries belonging to the Organization for Economic Cooperation and Development (OECD).
And the conclusion about whether the used technology line meets the above regulations or not.
For the criterion requiring the technology of the technology line to be currently used at least in 03 production facilities in countries belonging to the Organization for Economic Cooperation and Development (OECD), it must list the country name, name of the production facility using the technology, contact address, website (if any), and capacity;
Supplement effectiveness of the certificate of inspection for used technology lines under simplified import procedures from March 1, 2023 (Image from Internet)
Supplement Effectiveness of the Certificate of Inspection for Used Technology Lines Under Simplified Import Procedures from March 1, 2023
According to Point a Clause 2 Article 10 Decision 18/2019/QD-TTg (amended by Clause 3 Article 1 Decision 28/2022/QD-TTg) stipulates as follows:
Certificate of Inspection for Used Machinery, Equipment, and Technology Lines
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2. The effectiveness of the inspection certificate is accepted for consideration when implementing the regulations in this Decision:
a) For the inspection of used technology lines, it must not exceed 18 months from the time of issuance of the certificate to the time the technology line arrives at the Vietnamese border.
For cases of inspection of used technology lines specified in Article 7a of this Decision, it must not exceed 3 months from the time of issuance of the certificate.
At Clause 2 Article 1 Decision 28/2022/QD-TTg it is stipulated as follows:
Dossier, order, and procedures for importing used technology lines under simplified import procedures for high-tech enterprises or projects applying high technology or projects entitled to special investment incentives as stipulated in Clause 2 Article 20 of the Investment Law
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Thus, the validity of the certificate of inspection for used technology lines under simplified import procedures for high-tech enterprises or projects applying high technology or projects entitled to special investment incentives as stipulated in Clause 2 Article 20 of the Investment Law 2020 is not more than 3 months from the time of issuance of the certificate.
Inspection of Used Technology Lines Under Simplified Import Procedures Must be Conducted in the Exporting Country While the Technology Line is Operating
According to the regulations in Clause 4, Clause 5 Article 1 Decision 28/2022/QD-TTg stipulates as follows:
Amendment and supplement to some articles of Decision No. 18/2019/QD-TTg dated April 19, 2019, of the Prime Minister of Vietnam, stipulating the import of used machinery, equipment, and technology lines
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4. Amendment and supplement to Clause 3 Article 10 as follows:
“3. Inspection of used technology lines according to the criteria specified in Article 5 of this Decision must be conducted in the exporting country while the technology line is in operation, except for the cases specified in Article 7a of this Decision.”
5. Supplement Clause 4 Article 10 as follows:
“4. For the cases specified in Article 7a of this Decision, inspection of used technology lines is conducted at the manufacturing facilities of the enterprise or the project implementation site after the used technology line is imported, fully installed, and begins operation, in the operating state of the technology line.”
Thus, the inspection of used technology lines under simplified import procedures is not required to be conducted in the exporting country while the technology line is in operation. Instead, this inspection is conducted at the manufacturing facilities of the enterprise or the project implementation site after the imported used technology line is fully installed and begins operation, in the operating state of the technology line.
Decision 28/2022/QD-TTg will take effect from March 1, 2023.
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