Documentation requirements and procedures for issuing license to import remanufactured goods under CPTPP in Vietnam

Documentation requirements and procedures for issuing license to import remanufactured goods under CPTPP in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On November 2, 2023, the Government issued Decree 77/2023/ND-CP on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Documentation requirements and procedures for issuing license to import remanufactured goods under CPTPP in Vietnam

Specifically, Article 18 of Decree 77/2023/ND-CP stipulates documents and procedures for granting licenses to import refurbished goods under the CPTPP Agreement as follows:

(1) Depending on the assignment of management tasks as prescribed in Appendixes I, II, III, IV and V of Decree 77/2023/ND-CP, the importer shall submit an application for the license to import remanufactured goods by post (or online, if available) to the relevant licensing authority. Such an application includes:

- An application form which is made using the form in Appendix X enclosed with Decree 77/2023/ND-CP (01 original).

- Investment registration certificate, business registration certificate or enterprise registration certificate (01 copy bearing the applicant’s certification).

- A remanufacturing code holder's certification that the remanufactured good to be imported is the one it has registered when applying for the remanufacturing code (01 original and its Vietnamese translation, if this original is made in a language other than Vietnamese, which both must be signed by the authorized representative of the remanufacturing code holder).

- A report on importation of remanufactured goods under the previously issued license which is made using the form in Appendix XI enclosed herewith (01 original).

(2) If the good to be imported is of the same category as a remanufactured good the importation of which is managed by means of license or another method requiring approval or certification given by management authorities before imported, the applicant shall submit additional documents as required by such management policy, if any.

(3) If the application is inadequate or invalid, within 07 working days from its receipt of the application, the licensing authority shall notify the applicant in writing to complete its application.

(4) Within 15 working days from its receipt of an adequate and valid application, the licensing authority shall consider issuing a license to import remanufactured goods to the applicant. In case of refusal, a written response indicating reasons for refusal shall be given.

(5) In case the good to be imported is of the same category as a remanufactured good the importation of which is managed by means of license or another method requiring approval or certification given by management authorities before imported, the prescribed time limit for processing an application under such management policy shall apply if it is longer than that prescribed in Clause (4).

Regulations on procedures for importing refurbished goods under the CPTPP Agreement

In addition to prescribed customs procedures, traders importing refurbished goods must submit or present to the Customs authority the following documents:

- Documents certifying the origin of goods according to the CPTPP Agreement (submitted or presented according to legal regulations)

- License to import refurbished goods or document permitting import of refurbished goods when the refurbishment code is suspended or revoked (present the original).

- Other necessary documents and vouchers that Vietnamese law and specialized laws stipulate apply to new goods of the same type when carrying out import customs procedures (submitted or presented according to legal regulations). the law).

(Article 19 of Decree 77/2023/ND-CP)

Responsibilities of remanufactured good importers under the CPTPP in Vietnam

Responsibilities of remanufactured good importers in Vietnam include:

- Comply with regulations of the law of Vietnam that apply to equivalent imported goods of same categories in new condition, including, as the case may be, regulations on labeling, business conditions, quality of products, technical standards and regulations, energy efficiency, radiation safety, cyberinformation security, measurement, environmental protection, protection of intellectual property rights, and other regulations.

- Assume legal responsibility for the accuracy and truthfulness of applications and documents submitted or presented to competent authorities.

- Contact, cooperate and provide documents at the request of licensing authorities and relevant authorities during their inspection of the implementation of Decree 77/2023/ND-CP.

- By January 30 each year, submit written reports on the importation of remanufactured goods under CPTPP of the previous year, which is made using the form in Appendix XI enclosed with Decree 77/2023/ND-CP, directly or by post to licensing authorities and the Ministry of Industry and Trade of Vietnam.

(Article 20 of Decree 77/2023/ND-CP)

Decree 77/2023/ND-CP takes effect from January 1, 2024.

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