New regulations on application for remanufacturing codes under the CPTPP from 2024 in Vietnam

New regulations on application for remanufacturing codes under the CPTPP from 2024 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).

New regulations on application for remanufacturing codes under the CPTPP from 2024 in Vietnam

The remanufacturing enterprise or band owner (hereinafter referred to as “applicant”) shall submit an application for remanufacturing code by post (or online, if available) to the Ministry of Industry and Trade of Vietnam.

In particular, the application for remanufacturing codes includes:

- An application form which is made using the form in Appendix IV enclosed herewith (01 original).

- The applicant’s business registration certificate or another document of equivalent validity (01 copy and its Vietnamese translation, if the copy is made in a language other than Vietnamese, which both must bear the applicant’s certification).

- A description of remanufacturing capacity, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

- A description of the compliance by the remanufactured good with the rules of origin set out in CPTPP, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

- A commitment to provide the remanufactured good with warranty and maintenance policies similar to those applicable to such a good when new, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

- The brand owner’s document permitting the remanufactured good to use the brand of the original good or to be used as component part, accessory or spare part in the production of a good whose brand is under their ownership (01 original in English and its Vietnamese translation which both must be signed by the authorized representative of the brand owner).

(Article 7 of Decree 77/2023/ND-CP)

Procedures for granting remanufacturing codes under the CPTPP in Vietnam

Specifically, Article 12 of Decree 77/2023/ND-CP stipulates the process of granting refurbishment codes under the CPTPP Agreement as follows:

- If the application is inadequate or invalid, within 07 working days from the receipt of the application, the Ministry of Industry and Trade of Vietnam shall notify the applicant in writing (or online, if available) to modify their application.

- If the applicant’s remanufactured goods are only included in the list in the Appendix IV enclosed herewith, within 90 days from its receipt of valid application, the Ministry of Industry and Trade of Vietnam shall appraise the received application and grant the remanufacturing code to the applicant. In case of refusal, a written response indicating reasons for such refusal shall be given.

- If the applicant’s remanufactured goods are included in the list in the Appendix I, II, III or V enclosed with Decree 77/2023/ND-CP, within 07 working days from its receipt of adequate and valid application, the Ministry of Industry and Trade of Vietnam shall transfer the received application to the supervisory Ministry for its appraisal opinions.

Within 90 days from its receipt of the written request for appraisal opinions from the Ministry of Industry and Trade of Vietnam, the supervisory Ministry shall appraise the application and give a written response indicating its approval or refusal to grant the remanufacturing code to the Ministry of Industry and Trade of Vietnam. In case of refusal, the supervisory Ministry shall give reasons for such refusal.

Within 07 working days from its receipt of the written response from the supervisory Ministry, the Ministry of Industry and Trade of Vietnam shall grant the remanufacturing code or give a written response indicating reasons for its refusal to grant the remanufacturing code.

- If the Ministry of Industry and Trade of Vietnam or the supervisory Ministry requires additional information, the length of time from sending of a request for information to receipt of valid additional information shall not be included in the prescribed time limit for appraisal of the application.

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

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