Procedures for issuing a remanufacturing code for remanufactured goods in Vietnam

Procedures for issuing a remanufacturing code for remanufactured goods in Vietnam (Internet image) 

On December 11, 2023, the Ministry of Industry and Trade of Vietnam issued Decision 3185/QD-BCT announcing newly issued administrative procedures related to import and export under the Ministry of Industry and Trade.

Procedures for issuing a remanufacturing code for remanufactured goods in Vietnam

(1) Procedure

- Step 1: The refurbishing enterprise or trademark owner (hereinafter referred to as the requesting enterprise) shall send 01 set of application documents for remanufacturing code to the Ministry of Industry and Trade.

- Step 2: The Ministry of Industry and Trade checks the validity and completeness of the application. In case the application is not complete and in accordance with regulations, within 07 working days from the date of receiving the application, the Ministry of Industry and Trade shall notify in writing (or online, if applicable) the requesting enterprise for supplementation and completion.

- Step 3: In case the enterprise requests to register the list of remanufactured goods only in Appendix IV of Decree 77/2023/ND-CP, within 90 days from the date of receiving the prescribed application, the Ministry of Industry and Trade will evaluate the application and issue a remanufacturing code to the requesting enterprise. In case of refusal, a written response must be made clearly stating the reason.

In case an enterprise requests to register a list of remanufactured goods in Appendix I, Appendix II, Appendix III, Appendix V of Decree 77/2023/ND-CP, within 07 working days from the date of receiving the complete and prescribed application, the Ministry of Industry and Trade shall send the application to the specialized management ministry for appraisal opinions.

- Step 4: Within 90 days from the date of receiving the official dispatch requesting appraisal opinions from the Ministry of Industry and Trade, the specialized management ministry shall evaluate the application and respond in writing to the Ministry of Industry and Trade on whether to agree or not to grant remanufacturing code. In case of refusal to grant remanufacturing code, the specialized management ministry must clearly state the reason.

- Step 5: Within 07 working days from the date of receiving the written response from the specialized management ministry, the Ministry of Industry and Trade shall issue a remanufacturing code or issue a written refusal to issue a Code, clearly stating the reason.

(2) Submission methods: Submit application by post or online (if applicable) to the Ministry of Industry and Trade.

(3) Document components:

application to request a remanufacturing code includes:

- Application for issuance of a remanufacturing code according to the form in Appendix VI issued with Decree 77/2023/ND-CP (01 original copy).

- Business registration certificate of the requesting enterprise or other documents of equivalent value (01 copy with 01 Vietnamese translation if the language used in the copy is not Vietnamese, both copies are authenticated by the requesting enterprise).

- Documents explaining refurbishment capacity, prepared for each remanufacturing code of goods registered for import into Vietnam (01 original copy in English and 01 Vietnamese translation, both signed by the person signing the application for the remanufacturing code).

- Documents explaining that remanufactured goods meet the rules of origin under the CPTPP Agreement, prepared for each remanufacturing code of goods registered for import into Vietnam (01 original copy in English and 01 Vietnamese translation, both signed by the person signing the application for remanufacturing code).

- A commitment to provide a warranty and maintenance regime for remanufactured goods similar to the warranty and maintenance regime for that same type of goods when not in use, made for each remanufacturing code of goods imported into Vietnam (01 original copy in English and 01 Vietnamese translation, both signed by the person signing the application for remanufacturing code).

- Document from the trademark owner allowing the remanufactured goods to use the trademark of the original goods or to be used for goods for which he owns the trademark in case the remanufactured goods are details, components, or replacement parts (01 original in English and 01 Vietnamese translation, both signed by an authorized representative of the trademark owner).

(4) Processing time limit:

The Ministry of Industry and Trade shall issue a remanufacturing code within 07 working days from the date of receipt of the complete required documents from the enterprise or from the date of receipt of the appraisal document from the specialized management ministry. The remanufacturing code has a maximum validity period of 5 years from the date of issue.

More details can be found in Decision 3185/QD-BCT, taking effect on January 1, 2024.

Ho Quoc Tuan

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